rcra hazardous waste management - lion.com

Compliance Reference

RCRA Hazardous Waste

Management

Lion Technology Inc.570 Lafayette RoadSparta, NJ 07871(973) 383-0800http://www.lion.com

RCRA Hazardous Waste Management

© Lion Technology Inc.21-0507

Page ii

LION CORPORATE POLICIES

Confidentiality

Any non-public information supplied by the client is kept as top confidential until and unless a formal release is obtained.

The nature and scope of our services for any client are considered to be confidential.

Information to be supplied to outside agencies (e.g. reports, requests for exemptions, permits, or registrations) will be, when requested, prepared by LION TECHNOLOGY INC. and then vetted, approved, and submitted by the client and not LION TECHNOLOGY INC. The client assumes full responsibility for the accuracy, completeness, and scope of information supplied in all cases, whether researched, prepared, and/or drafted by LION TECHNOLOGY INC. or not.

In instances where LION TECHNOLOGY INC. may represent a client, either openly or on a nondis-closed (blind) basis, only information approved by the client will be presented, and the client assumes responsibility therefore in all instances and aspects.

In the event of termination of our services per any agreements in effect, such materials or infor-mation as particularly relate to the client will be promptly returned and/or destroyed.

Ethics

Our responsibility is to our clients. Our goal is to assist them in complying with and, where pos-sible, benefiting from the hazardous materials/wastes regulations affecting their business area. We do endeavor to guide implementation of the most practical and inexpensive programs possible to achieve safety and compliance.

Concurrently, we have assumed the profes-sional and social responsibility to meet the objec-tives of protecting human and environmental health, safety, and integrity. Therefore, we do not assist in finding loopholes or developing avoid-ance procedures not in the spirit of said laws and responsibilities.

We deal only with subcontractors, suppliers, and professionals as have been found to maintain similar high standards of integrity, capabilities, and ethics. This protects both our clients and our own interests, and we are adamant in this regard.

Copyrights

The GMP (Good Management Practices) System and all related materials, modules, liter-ature, and other elements thereof are the copy-righted property of LION TECHNOLOGY INC. No copies, photographs or recordings, or duplications in any form may be made without specific written authorization from LION TECHNOLOGY INC.

Disclaimer

This workshop has been designed to provide guidelines for compliance with the applicable Acts, Rules, and Regulations thereunder as in effect at the date of publication hereof. Notwithstanding that the workshops are intended to serve such pur-poses, LION TECHNOLOGY INC. and/or any and all agents or affiliates, cannot and shall not be or become liable or responsible in any way, with or without the use of these workshops, in connection with or for any loss, injury, damage, penalty, or vio-lation to, by or in respect of any person or property, however caused. Neither LION TECHNOLOGY INC. nor any of their agents or affiliates, act or pur-port to act as legal counsel, guarantor, warrantor, or insurer with respect to the workshops and/or the contents thereof.

Errors and OmissionsAs stated in the promotional materials, we

here again state our policy on errors and omissions. All conclusions, information, worksheets, or other actions resulting from these meetings should be reviewed with your legal counsel before proceed-ing. Neither LION TECHNOLOGY INC., its Divi-sions, representatives, or personnel assume any responsibility for errors and/or omissions regard-less of cause and by whom.

Your attendance, participation, and/or any actions are to be with this explicit understanding.


Preface

Section 1 ................................................................Introduction and Authorities

Section 2 ............................................................................. Hazardous Waste ID

Section 3 ........................................................... Accumulating Hazardous Waste

Section 4 ....................................................................Land Disposal Restrictions

Section 5 ......................................................................... Emergencies/Releases

Section 6 ............................................................................... Off-site Shipments

Section 7 ..........................................................................Management Systems

Index

© Lion Technology Inc.HWMC CR 21-0507

Preface


Page v

DETAILED TABLE OF CONTENTSCompliance Reference

1. Introduction and Authorities

Acronyms Used in This Workbook ....................................................................................1

Key Definitions .....................................................................................................................2

A Brief History of Waste Laws ...........................................................................................5

The Resource Conservation and Recovery Act ................................................................7

Federal vs. State Hazardous Waste Regulation ...............................................................8

The Structure of the Code of Federal Regulations (CFR) ....................................................9

“Cradle-to-Grave” Management .....................................................................................11

Contractors as Generators of Hazardous Waste ............................................................12

RCRA “Persons” and Parts ...............................................................................................14

Inspections ..........................................................................................................................15

RCRA Penalties and Enforcement ...................................................................................18

“Superfund” Liability ........................................................................................................20

2. Hazardous Waste ID

Acronyms and Key Terms .................................................................................................23Hazardous Waste Identification .......................................................................................24Introduction ........................................................................................................................24Step One: Determine If the Waste Is a Solid Waste .......................................................26Solid Waste Identification .................................................................................................27Speculative Accumulation and Legitimate Recycling ..................................................31Step Two: Determine If the Material Is “Excluded” ......................................................34Step Three: Determine If the Material Is a Hazardous Waste ......................................39Characteristic vs. Listed Hazardous Wastes ..................................................................40Hazardous Waste Identification Process .........................................................................41Characteristic Hazardous Wastes ....................................................................................42Listed Hazardous Wastes: The Process Wastes .......................................................................................................49 The F001–F005 Spent Solvents ....................................................................................53 Listed Hazardous Wastes: The Unused Products ....................................................58Keeping Waste in the System ...........................................................................................64Hazardous Waste Determination Records .....................................................................68Types of Regulatory Relief ................................................................................................69Hazardous Waste Identification .......................................................................................70


Detailed Table of Contents, continued


Page vi

3. Accumulating Hazardous Waste

Acronyms and Key Terms .................................................................................................73

Accumulating Hazardous Waste .....................................................................................75

Generator Category Determination .................................................................................77

RCRA-empty Containers ..................................................................................................82

Independent Requirements and Conditions for Exemption........................................85

Notifications and ID Numbers .........................................................................................87

Generator Biennial Reporting ..........................................................................................89

Generators’ Accumulation Options .................................................................................90

The Very Small Quantity Generator (VSQG) Exemption .............................................92

The Satellite Accumulation Exemption ...........................................................................95

The Small Quantity Generator Exemption .....................................................................99

The Large Quantity Generator Exemption ...................................................................106

Episodic Generation .........................................................................................................116

Container Management Standards Summary for Generators ...................................120

Universal Waste Regulations ..........................................................................................121

Used Oil Rules ..................................................................................................................131

Spent Lead-Acid Batteries Being Reclaimed ................................................................136

Hazardous Waste Pharmaceuticals (HWP) ..................................................................138

Treatment Excluded from RCRA Permitting Requirements ......................................151

Treatment While Accumulating .....................................................................................153

Elementary Neutralization .............................................................................................156

Wastewater Treatment Units .........................................................................................157

Hazardous Wastes Being Recycled ................................................................................160

Examples of Hazardous Waste Recycling.....................................................................162

Regulatory Applicability by Topic .................................................................................164

4. Land Disposal Restrictions

Acronyms and Key Terms ...............................................................................................167

Land Disposal Restrictions (LDRS) ...............................................................................168

Introduction ......................................................................................................................168

Generator’s LDR Responsibilities ..................................................................................169

Step 1: Identify All Significant Waste Codes ................................................................171

Step 2: Identify All Treatment Standards ......................................................................175

Step 3: Identify Underlying Hazardous Constituents (UHCs) ..................................187

Preface



Page vii

Alternative Treatment Standards ...................................................................................189

Lab Packs—40 CFR 268.42(c) ....................................................................................189

Hazardous Debris—40 CFR 268.45 ..........................................................................191

Contaminated Media—40 CFR 268.49 .....................................................................193

LDR Documentation Requirements ..............................................................................197

5. Emergencies/Releases


Emergencies and Releases ..............................................................................................204

Preparedness and Prevention .........................................................................................205

Large Quantity Generator Contingency Plans .............................................................208

Emergency Procedures for Large Quantity Generators .............................................211

Small Quantity Generator Emergency Planning .........................................................213

Required Posted Information for Small Quantity Generators ...................................214

Release Reporting .............................................................................................................215

RCRA Release Reporting ................................................................................................216

CERCLA Release Reporting ...........................................................................................219

Determining CERCLA Reportable Quantities .............................................................223

Determining CERCLA Reportable Quantities for Hazardous Wastes .....................225

List of Hazardous Substances and RQs ........................................................................228

SARA Title III Release Reporting ...................................................................................231

Common Release Reporting Requirements .................................................................234

6. Off-site Shipments


Shipping Waste Off Site ...................................................................................................237

The “Ten Steps” vs. 49 CFR ............................................................................................239

Is It a Hazardous Material? .............................................................................................241

Hazard Class Definitions ................................................................................................244

Selecting a Proper Shipping Name ................................................................................246

Hazardous Materials Table—Table 172.101, Example Entries ...................................248

Marking Requirements for Hazardous Wastes in Non-bulk Packagings ................249

Shipping Papers ...............................................................................................................251

The Uniform Hazardous Waste Manifest .....................................................................254

Completing a Hazardous Waste Manifest ....................................................................259

The Top Portion of the Manifest.....................................................................................260




Page viii

The Middle Portion of the Manifest ..............................................................................262

The Bottom Portion of the Manifest ..............................................................................264

Management Method Codes ..........................................................................................267

Manifest Discrepancies ....................................................................................................269

Rejected Shipments ..........................................................................................................271

Copies of the Paper Manifest and Retention ................................................................274

Generator Exception Reporting .....................................................................................276

DOT Letter—Training Requirements for Signing Shipping Papers ........................277

Electronic Manifests .........................................................................................................278

Off-site Shipments ............................................................................................................281

7. Management Systems


Management Systems ......................................................................................................284

Why Keep Records? .........................................................................................................286

Generator’s Recordkeeping Requirements ..................................................................289

Documenting Waste Determination ..............................................................................291

Training “Persons” and Regulatory Requirements .....................................................294

“Hazmat Employee” Training ........................................................................................295

OSHA’s Hazardous Waste Operations and Emergency Response Standard ..........298

OSHA’s Hazardous Waste Operations Standard Training Requirements ...............300

Waste Minimization .........................................................................................................302

Common Critical Issues in Waste Minimization .........................................................304

Pollution Prevention ........................................................................................................306

Source Reduction Activities by Category .....................................................................310

The Federal Register ...........................................................................................................312

Index



CONTENTS

Acronyms Used in This Workbook .....................................................................................1

Key Definitions .......................................................................................................................2

A Brief History of Waste Laws .............................................................................................5

The Resource Conservation and Recovery Act ..................................................................7

Federal vs. State Hazardous Waste Regulation .................................................................8

The Structure of the Code of Federal Regulations (CFR) ......................................................9

“Cradle-to-Grave” Management .......................................................................................11

Contractors as Generators of Hazardous Waste ..............................................................12

RCRA “Persons” and Parts .................................................................................................14

Inspections ............................................................................................................................15

RCRA Penalties and Enforcement .....................................................................................18

“Superfund” Liability ..........................................................................................................20



Notes:

Page 1

ACRONYMS USED IN THIS WORKBOOK

CAA: Federal Clean Air Act

CASRN: Chemical Abstracts Service Regis-try Number

CERCLA: Comprehensive Environmental Response, Compensation and Liability Act (Superfund)

CFR: Code of Federal Regulations

CWA: Federal Clean Water Act

DOT: US Department of Transportation

EPA: US Environmental Protection Agency

FR: Federal Register

HAZWOPER: Hazardous Waste Opera-tions and Emergency Response (OSHA standards)

HSWA: Hazardous and Solid Waste Amend-ments of 1984

ICP: Integrated contingency plan

ICRE: Hazardous waste characteristics of ignitability, corrosivity, reactivity, and toxicity

LDR: Land disposal restrictions (40 CFR 268)

LQG: Large quantity generator (of hazard-ous waste)

NESHAP: National Emission Standards for Hazardous Air Pollutants

NRC: National Response Center for reporting chemical releases and emergencies—run by the US Coast Guard

NRC: Nuclear Regulatory Commission

OSHA: US Occupational Safety and Health Administration

PCBs: Polychlorinated biphenyls

PPE: Personal protective equipment (as speci-fied by the Occupational Safety and Health Administration)

RCRA: Resource Conservation and Recovery Act—the solid and hazardous waste law

SARA: Superfund Amendments and Reautho-rization Act

SDS: Safety data sheet (required under OSHA rules)

SQG: Small quantity generator (of hazard-ous waste)

SWDA: Solid Waste Disposal Act

TCLP: Toxicity characteristic leaching procedure

TSCA: Toxic Substances Control Act

TSDF: Treatment, storage, or disposal facility

UTS: Universal treatment standards (under the EPA land disposal restriction rules)

VSQG: Very small quantity generator (of haz-ardous waste)



Notes:

Page 2

KEY DEFINITIONS40 CFR 260.10

Designated facility: means:

(1) A hazardous waste treatment, stor-age, or disposal facility which:

(i) Has received a permit (or interim status) in accordance with the require-ments of parts 270 and 124 of this chapter;

(ii) Has received a permit (or interim status) from a State authorized in accor-dance with part 271 of this chapter; or

(iii) Is regulated under §261.6(c)(2) or subpart F of part 266 of this chapter; and

(iv) That has been designated on the manifest by the generator pursuant to §262.20.

(2) Designated facility also means a generator site designated on the manifest to receive its waste as a return shipment from a facility that has rejected the waste in accordance with §264.72(f) or §265.72(f) of this chapter.

(3) If a waste is destined to a facili-ty in an authorized State which has not yet obtained authorization to regulate that particular waste as hazardous, then the designated facility must be a facility allowed by the receiving State to accept such waste.

Destination facility: means a facility that treats, disposes of, or recycles a particular category of universal waste, except those management activities described in para-

graphs (a) and (c) of §§273.13 and 273.33 of this chapter. A facility at which a par-ticular category of universal waste is only accumulated, is not a destination facility for purposes of managing that category of universal waste.

Discharge or hazardous waste discharge: means the accidental or intentional spill-ing, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous waste into or on any land or water.

Disposal: means the discharge, deposit, injec-tion, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constitu-ent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.

Disposal facility: means a facility or part of a facility at which hazardous waste is intentionally placed into or on any land or water, and at which waste will remain after closure. The term disposal facility does not include a corrective action man-agement unit into which remediation wastes are placed.

EPA identification number: means the number assigned by EPA to each generator, trans-porter, and treatment, storage, or disposal facility.



Notes:

Page 3

Key Definitions, continued

Facility: means:

(1) All contiguous land, and structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of hazardous waste, or for man-aging hazardous secondary materials prior to reclamation. A facility may consist of several treatment, storage, or disposal op-erational units (e.g., one or more landfills, surface impoundments, or combinations of them).

(2) For the purpose of implementing corrective action under 40 CFR 264.101 or 267.101, all contiguous property under the control of the owner or operator seeking a permit under Subtitle C of RCRA. This definition also applies to facilities imple-menting corrective action under RCRA Section 3008(h).

(3) Notwithstanding paragraph (2) of this definition, a remediation waste management site is not a facility that is subject to 40 CFR 264.101, but is subject to corrective action requirements if the site is located within such a facility.

Generator: means any person, by site, whose act or process produces hazardous waste identified or listed in part 261 of this chap-ter or whose act first causes a hazardous waste to become subject to regulation.

[Editor’s Note: Waste generated by con-tractors working at a facility is considered by EPA to have been generated by that site. EPA holds all parties liable for proper management of the waste.]

Individual generation site: means the con-tiguous site at or on which one or more hazardous wastes are generated. An indi-

vidual generation site, such as a large man-ufacturing plant, may have one or more sources of hazardous waste but is consid-ered a single or individual generation site if the site or property is contiguous.

On-site: means the same or geographi-cally contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a crossroads intersec-tion, and access is by crossing as opposed to going along, the right-of-way. Non-con-tiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, is also considered on-site property.

NOTE: The term “site” has the same meaning as “on-site” for the purposes of managing haz-ardous wastes.

Editor’s Note:

Operator: means the person responsible for the overall operation of a facility.



Notes:

Page 4

Key Definitions, continued

Person: means an individual, trust, firm, joint stock company, Federal Agency, corpora-tion (including a government corporation), partnership, association, State, municipal-ity, commission, political subdivision of a State, or any interstate body.

Publicly owned treatment works or POTW: means any device or system used in the treatment (including recycling and recla-mation) of municipal sewage or industrial wastes of a liquid nature which is owned by a “State” or “municipality” (as defined by section 502(4) of the CWA). This defini-tion includes sewers, pipes, or other con-veyances only if they convey wastewater to a POTW providing treatment.

Storage: means the holding of hazardous waste for a temporary period, at the end of which the hazardous waste is treated, disposed of, or stored elsewhere.

Transporter: means a person engaged in the off-site transportation of hazardous waste by air, rail, highway, or water.

Treatment: means any method, technique, or process, including neutralization, designed to change the physical, chemical, or bio-logical character or composition of any hazardous waste so as to neutralize such waste, or so as to recover energy or mate-rial resources from the waste, or so as to render such waste non-hazardous, or less hazardous; safer to transport, store, or dis-pose of; or amenable for recovery, amena-ble for storage, or reduced in volume.

United States: means the fifty states, the Dis-trict of Columbia, the Commonwealth of Puerto Rico, the US Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.



Notes:

Page 5

A BRIEF HISTORY OF WASTE LAWS

The Solid Waste Disposal Act (SWDA)

The first Federal environmental law to sig-nificantly address methods for getting rid of wastes was the Solid Waste Disposal Act. The Solid Waste Disposal Act was enacted by Con-gress in 1965 under the authority of Title 2 of the Clean Air Act. The SWDA directed the US Public Health Service, or PHS, to create and enforce regulations for solid waste collection, transportation, recycling, and disposal.

The Solid Waste Disposal Act formed the framework for states to use to regulate the treatment, storage, and disposal of “trash,” or solid waste, both non-hazardous and haz-ardous. In addition, the SWDA focused on training and research as a means to identify methods to manage waste, and it set minimum standards for local landfills.

NOTE: The Public Health Service was directed to enforce these regulations rather than the Environmental Protection Agency, because the EPA wasn’t created until 1970.

The Resource Recovery Act (RRA)

The SWDA was amended in 1970 by the Resource Recovery Act. The RRA was passed during a period of concern about the envi-ronment that was characterized by worries regarding resource shortages. Partly as a result of this, the Act emphasized the recov-ery of energy and materials from solid waste

over disposal. In addition, the RRA required the Public Health Service to investigate and report on the disposal of hazardous waste in the United States.

NOTE: When the EPA was created later in 1970, responsibility for the report was trans-ferred to this Agency, which delivered the final report to Congress in 1973.

Solid Waste Disposal Act and Resource Recovery Act Shortcomings

While the Solid Waste Disposal Act and Resource Recovery Act were important initial steps in addressing the increasing problems the United States faced from the growing volume of municipal and industrial waste, many issues remained unaddressed, for example:

• Neither law banned open dumping of wastes.

• Neither law emphasized the regulation of hazardous waste throughout its lifecycle.

• Neither law created a permit program for hazardous waste generators, transporters, or disposal facilities.



Notes:

Page 6

A Brief History of Waste Laws, continued

The Resource Conservation and Recovery Act (RCRA)

On October 21, 1976, Congress amended the Solid Waste Disposal Act (SWDA) and passed the Resource Conservation and Recov-ery Act, or RCRA. With the passage of RCRA, the Federal government embarked on a more active regulatory role. For the first time, the generation, transportation, and disposal of hazardous waste came fully under Federal regulations. Today, RCRA is the United States’ primary law governing the disposal of solid and hazardous waste.

Although today RCRA tends to be mainly thought of as the law that regulates hazard-ous waste, it actually did quite a bit more than simply create the first Federal permit pro-gram for hazardous waste management. The law also prohibited open dumps, encouraged source reduction and recycling of all kinds of waste, and promoted the safe disposal of municipal waste.

RCRA’s Limitations

RCRA was NOT designed to regulate everything; many other agencies and laws reg-ulate substances and activities. For example:

• Hazards in the workplace are regulated by the Occupational Safety and Health Administration (OSHA).

• Hazards during transportation are regu-lated by the Department of Transporta-tion (DOT).

• Hazards of many “harmful” chemicals are regulated by other environmental laws (e.g., the management and disposal of PCBs and asbestos are regulated by the Toxic Substances Control Act (TSCA)).

The Hazardous and Solid Waste Amendments of 1984 (HSWA)

In November of 1984, RCRA was amended and strengthened by Congress with the passing of the Hazardous and Solid Waste Amendments, or HSWA, a complex law with many detailed technical requirements that represents the most significant set of amend-ments to RCRA ever passed. Among other things, HSWA:

• Increased the EPA’s enforcement authority.

• Phased out the land disposal of hazard-ous wastes and created the land disposal restriction, or LDR, program.

• Imposed a timetable on the EPA for issuing or denying permits for hazardous waste facilities.

• Expanded the hazardous waste program to include small quantity generators of hazardous waste under its regulation.

HSWA also created the EPA’s Corrective Action Program, which required cleanups for all wastes leaking into the environment from any source at a hazardous waste facility.



Notes:

Page 7

THE RESOURCE CONSERVATION AND RECOVERY ACT

RCRA’s Four Goals

In passing the Resource Conservation and Recovery Act, Congress declared four national goals for the United States:

1. Protect human health and the environ-ment from the potential hazards of waste disposal.

2. Conserve valuable energy and natural resources.

3. Reduce the amount of waste that’s gener-ated whenever and wherever feasible.

4. Ensure that any wastes that are generat-ed are managed in an environmentally sound manner.

RCRA’s Three Programs

In order to achieve its goals, RCRA estab-lished three distinct, yet interrelated, programs.

1. The Solid Waste Program

The solid waste program, under RCRA Subtitle D, encourages states to develop com-prehensive plans to manage nonhazardous industrial solid waste and municipal solid waste. In addition, it sets the criteria for municipal solid waste landfills and other solid waste disposal facilities and prohibits the open dumping of solid waste.

2. The Underground Storage Tank Program

The underground storage tank, or UST, program, under RCRA Subtitle I, regulates underground storage tanks that contain haz-ardous substances and petroleum products.

3. The Hazardous Waste Program

The hazardous waste program, under RCRA Subtitle C, provides a systematic approach for managing hazardous waste from the moment it is generated until it is ultimately disposed of. In other words, it is a “cradle-to-grave” management system for hazard-ous waste.



Notes:

Page 8

FEDERAL VS. STATE HAZARDOUS WASTE REGULATION

The Environmental Protection Agency, or EPA, is the agency within the Federal govern-ment responsible for creating and enforcing all Federal environmental regulations, in con-sultation with State, tribal, and local govern-ments. The EPA’s ultimate mission is to protect human health and the environment.

State Authorized Programs

With the passage of the Resource Conser-vation and Recovery Act, Congress mandated that the EPA create and enforce regulations for the safe management of hazardous waste. Under the Resource Conservation and Recov-ery Act, states are allowed to become autho-rized to operate their own hazardous waste programs in lieu of the Federal EPA program. Such State programs must be equivalent to, consistent with, and at least as stringent as the EPA’s hazardous waste regulations.

Every state except for Alaska and Iowa has an authorized RCRA program. Many states adopt the EPA rules “as is,” with only cosmetic differences in the presentation or organization of the rules. In some cases, though, State waste management programs may be considerably more comprehensive or more stringent than Federal EPA standards. The most common changes states make to hazardous waste reg-ulations are:

• Requiring additional materials to be man-aged as hazardous waste.

• Removing or tightening regulatory reliefs.

• Requiring generators to meet additional requirements while accumulating hazard-ous wastes on site.

• Expanding which hazardous wastes may be managed as universal wastes.

New Hazardous Waste Rules: RCRA vs. HSWA

When the EPA creates a new hazardous waste regulation, the Agency can do so under the authority of either the Resource Conserva-tion and Recovery Act or the Hazardous and Solid Waste Amendments. If the EPA creates a new rule under RCRA, then the rule will only be effective in a state with its own authorized program if and when that state adopts the new rule or when the state adopts a modified ver-sion of the new rule. If the new Federal rule is more stringent than current State hazardous waste rules, then the state must adopt the new rule, or at least an equivalent version of the new rule. If the new rule would make the haz-ardous waste rules in the state less stringent than they currently are, then the state is not required to adopt the new rule.

If, however, the EPA creates a new rule under the authority of HSWA, then the new rule is effective in every state on the estab-lished effective date of the rule, whether a state officially adopts the new rule or not. This is assuming, of course, that the new rule is more stringent than current State requirements, since otherwise states would be allowed to continue to follow their more restrictive rules.



Notes:

Page 9

THE STRUCTURE OF THE CODE OF FEDERAL REGULATIONS (CFR)

The Code of Federal Regulations, or CFR, contains the permanent rules and regulations published by the departments and agencies of the Federal government, including the Federal hazardous waste regulations.

Titles

The Code of Federal Regulations is organized into many different levels. At the highest level, the CFR is divided into 50 “titles,” which rep-resent broad areas subject to Federal regula-tion. For example:

• Title 29 contains the Federal regulations that apply to “Labor.”

• Title 40 contains the Federal regula-tions that apply to “Protection of En-vironment.”

• Title 49 contains the Federal regulations that apply to “Transportation.”

Chapters and Parts

Titles in the Code of Federal Regulations are divided up into “chapters.” Each agency is assigned a chapter, or a piece of a chapter, to use to organize the regulations that it creates. For example, the rules for the Environmental Protection Agency are found in Chapter I of Title 40 of the Code of Federal Regulations.

Chapters are divided into “parts,” which represent specific regulatory areas. When spe-cifically referencing standards, the chapter is usually eliminated and only the title and part are used. For example:

40 CFR 261

The Hazardous Waste Regulations

The hazardous waste regulations are found in Chapter I of Title 40 of the Code of Fed-eral Regulations, in Parts 260 through 279. Each part covers a different topic, for example:

• Part 261 identifies which materials are regulated as hazardous waste.

• Part 262 contains the rules for generators of hazardous waste.

• Part 279 contains the rules for managing used oil in tanks and containers.

Subparts and Sections

Parts in the CFR are divided into subparts, which cover a group of specific standards. For example, in 40 CFR 262:

• Subpart B contains the rules for using a hazardous waste manifest for shipments of hazardous waste.

• Subpart C contains the pre-transport requirements for preparing hazardous waste for shipment.



Notes:

Page 10

The Structure of the Code of Federal Regulations (CFR), continued

• Subpart D contains the recordkeeping and reporting requirements for genera-tors of hazardous waste.

Subparts are divided into sections, which represent specific standards. For example, in 40 CFR 262, Subpart D:

• Section 262.40 identifies how long var-ious generator records and reports must be kept.

• Section 262.41 contains requirements for completing a biennial report on hazard-ous waste activities.

• Section 262.42 contains requirements for completing an exception report for miss-ing manifests.

NOTE: When writing regulatory references, sections are separated from parts by a period or point. In addition, the subpart is eliminated and only the title, part, and section are used. For example:

40 CFR 262.40

Subsections and Paragraphs

Sections are divided into paragraphs, which cover different topics in a standard. Para-graphs are divided into subparagraphs, which cover specific requirements of each topic.

For example, 40 CFR 262.11 is where you find the rules that generators must follow for hazardous waste determination and recordkeeping:

• Paragraph (a) has the rules for hazardous waste determination at the point of waste generation.

• Paragraph (d) has the rules for determin-ing whether a waste meets any hazardous characteristic as identified in Subpart C of 40 CFR 261.

• Paragraph (f) has the rules for record-keeping pertaining to hazardous waste determinations, which both small and large quantity generators are responsible for following.

NOTE: When written as part of a regulatory reference, paragraphs and subparagraphs are identified by placing them in parentheses. For example:

40 CFR 262.11(d)(1)



Notes:

Page 11

“CRADLE-TO-GRAVE” MANAGEMENT40 CFR 260.10

RCRA’s “cradle-to-grave” management system regulates three different types of per-sons: generators; transporters; and treatment, storage, and disposal facilities, or TSDFs.

Definition of “Person”

Under the hazardous waste regulations, a person is defined as “an individual, trust, firm, joint stock company, Federal Agency, corpo-ration (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body.”

Hazardous Waste Generators

A generator is defined as anyone, by site, whose act or process either produces hazard-ous waste or whose act first causes a hazard-ous waste to be regulated under the hazardous waste rules.

Contractor Waste

When contractors who are working at an industrial or commercial site providing a ser-vice for the owner or operator of the site gen-erate hazardous waste, the waste is actually generated by “the site.” Therefore, both the owner or operator of the site and the contrac-tor are responsible for proper management of the waste.

Hazardous Waste Transporters

A transporter is essentially defined as any-body who moves hazardous waste off site.

NOTE: The EPA does not have many trans-porter rules, but instead largely defaults to the Department of Transportation, or DOT, to reg-ulate these persons.

Hazardous Waste TSDFs

A TSDF is any facility that treats, stores, or disposes of hazardous waste.

Treatment is basically defined as chang-ing the waste, for example, changing a mate-rial that is a liquid into a solid or neutralizing a material so that its pH changes from 1 to 5. Any time the chemical, physical, or biological nature of a hazardous waste is changed, it has been treated.

Storage means that the waste is held for a period of time before it is disposed of or treated.

Disposal means that the waste is placed somewhere where it could get into the envi-ronment (e.g., a landfill).



Notes:

Page 12

CONTRACTORS AS GENERATORS OF HAZARDOUS WASTE

Who Is a Generator?

Under RCRA regulations, the generator of a hazardous waste is not simply the person in possession or ownership of the waste. In many instances, several persons or corporate entities may meet the regulatory definition of “gener-ator” and therefore be responsible for assuring proper management of the waste.

Generator: means any person, by site, whose act or process produces hazardous waste... or whose act first causes a hazardous waste to become subject to regulation. [40 CFR 260.10, emphasis added]

Contractor Waste

This is particularly true when contractors are working at an industrial or commercial site providing a service for the owner or oper-ator of the site. If the contractors’ operations generate hazardous waste, the waste is actu-ally generated by the site. The contractor is not solely responsible for proper management of the waste. The EPA specifically addressed this issue using an example where one party owns a chemical product or manufacturing process unit, a second party operates the unit, and a third party removes the waste from the unit. According to the EPA [45 FR 72026, Oct. 30, 1980]:

“The definition of generator, depending on the particular factual situation, can include all of the parties discussed above. Both the operator of a manufacturing process unit, or a product or raw

material storage tank, transport vehicle or vessel, and the owner of the product or raw material act jointly to produce the hazardous waste generated therein, and the person who removes the hazard-ous waste from a tank, vehicle, vessel or manu-facturing process unit subjects it to regulation. All three parties are involved and EPA believes that all three (and any others who fit the definition of ‘gen-erator’) have the responsibilities of a generator.

“Because all three parties contribute to the generation of a hazardous waste and because none of the parties stands out in all cases as the predom-inant contributor, the Agency has concluded that the three parties should be jointly and severally liable as generators. The Agency will, of course, be satisfied if one of the three parties assumes and per-forms the duties of the generator on behalf of all of the parties. In fact, the Agency prefers and encour-ages such action and recommends that, where two or more parties are involved, they should mutu-ally agree to have one party perform the generator duties. Where this is done, the Agency will look to that designated party to perform the generator responsibilities. Nevertheless, EPA reserves the right to enforce against any and all persons who fit the definition of ‘generator’ in a particular case if the requirements of Part 262 are not adequately met, providing such enforcement is equitable and in the public interest.

“Given this conclusion, the Agency believes it has an obligation to give guidance to the regu-lated community on who it prefers to assume the generator responsibilities and to whom it will ini-tially look to perform the generator duties where more than one party is involved and where EPA does not know which party, by mutual agreement, is appointed to carry out the generator duties, or where no party has been so designated. In the case of hazardous wastes generated in a stationary product or raw material storage tank, EPA will ini-tially look to the operator of the tank to perform the



Notes:

Page 13

Contractors as Generators of Hazardous Waste, continued

generator responsibilities. EPA believes that this party is in the best position to perform the genera-tor responsibilities. The operator typically is on-site and can determine when a tank contains sludges or residues that may be hazardous wastes. He cer-tainly knows or ought to know when these slud-ges and residues are being removed and, therefore, when they become subject to regulation, if they are a hazardous waste. Because he is typically on-site, he is in a good position to carry out those duties of a generator which practically must be performed on-site. These include determining whether a haz-ardous waste exists (§262.11), initiating a manifest for off-site shipment (Part 262, Subpart B) and performing the pre-transportation requirements of packaging, labeling, and marking (Part 262, Subpart C).

“For hazardous wastes generated in a manu-facturing process unit, EPA will initially look to the operator of the unit to fulfill the generator duties for the same reasons described above.

“For hazardous wastes generated in a product or raw material transport vehicle or vessel which are removed at a central facility which is operated to remove sediments and residues from such vehi-cles or vessels, the Agency will initially look to the operator of the central facility to perform the generator duties. Following the reasoning outlined above, the Agency believes that the operator of a central facility is the party best able to perform the generator duties. Where hazardous wastes gener-ated in product or raw material transport vehicles or vessels are not removed at a central facility, the Agency will look to the operator of the vehicle or vessel to perform the generator duties.

“As discussed above, the person who removes hazardous waste from a manufacturing process unit or a product or raw materials storage tank, transport vehicle or vessel will be jointly and sev-erally liable, along with the owner and operator of the tank, vehicle, vessel or unit and the owner of the product or raw material, as a generator.”



Page 14

RCRA “PERSONS” AND PARTS

264—

Perm

itted

Fac

ility

Sta

ndar

ds26

5—In

terim

Sta

tus F

acili

ty S

tand

ards

270—

TSDF

Per

mits

SITE BOUNDARY

40 C

FR 2

60G

ener

al &

De

finiti

ons

40 C

FR 2

61ID

and

Lis

ting

40 C

FR 2

62G

ener

ator

sCo

nditi

ons f

or

Exem

ption

Sate

llite

Ac

cum

ulati

on

40 C

FR 2

63Tr

ansp

orte

rsM

ovem

ent o

ff Si

te

40 C

FR 2

64–2

65TS

DFs

Trea

tmen

t, St

orag

e,

Disp

osal

266—

Cert

ain

Was

tes,

Cer

tain

Fac

ilitie

s26

7—St

anda

rdize

d Pe

rmits

268—

Land

Dis

posa

l Res

tric

tions

273—

Uni

vers

al W

aste

s27

9—U

sed

Oil

Proc

ess W

aste

s:

261.

31—

Gene

ral P

roce

sses

261.

32—

Spec

ific

Proc

esse

s

Char

acte

ristic

Was

tes:

26

1.21

—Ig

nita

bilit

y26

1.22

—Co

rros

ivity

261.

23—

Reac

tivity

261.

24—

“Tox

icity

Char

acte

ristic

”

“Non

-Pro

cess

” W

aste

s:26

1.33

(e)—

Acut

ely

Haza

rdou

s26

1.33

(f)—

Toxi

c &

Oth

er

SITE

BO

UN

DARY



Notes:

Page 15

INSPECTIONS

Inspection Authority

The EPA has considerable authority under RCRA for inspection and enforcement. RCRA allows the Agency:

(1) To enter at reasonable times any estab-lishment or other place where hazardous wastes are or have been generated, stored, treated, disposed of, or transported from.

(2) To inspect and obtain samples from any person of any such wastes and sam-ples of any containers or labeling for such wastes. [RCRA 3007(a)]

Inspection Triggers

There are many reasons why your facility may be inspected. They include:

• Administrative inspections. The Agency will often establish schedules to inspect regulated facilities. The frequency of scheduled inspections may vary based on size of the facility (e.g., Very Small Quan-tity Generator vs. Large Quantity Gener-ator), potential environmental risk (e.g., generator storage vs. hazardous waste incinerator), and available resources.

• Discovery of contamination (e.g., in area streams or drinking water), or observa-tion of biological stress (e.g., vegetation).

• Employee’s or citizen complaint.

• Self-reporting.

The Inspection Process

A compliance enforcement inspection is the Agency’s primary discovery mechanism for determining whether facilities are meeting their regulatory obligations. During this pro-cess, an inspector may:

• Review any records the facility might be required to prepare, provide, or maintain.

• Observe areas in the facility where wastes are being managed (e.g., satellite and cen-tral accumulation areas or on-site treat-ment activities).

• Observe areas where waste are being produced.

• Collect samples of wastes.

“Reason to Believe” Sufficient for Inspections and Sampling

The EPA has explicitly stated that a mate-rial need not meet the regulatory definition of hazardous waste in order to give the EPA full authority to inspect and/or sample as though it does. If the EPA has “reason to believe” the



Notes:

Page 16

Inspections, continued

material may be a solid waste or hazardous waste, the inspector has the right to ask for additional information. [40 CFR 261.1(b)(2)(i) and (ii)]

Should the inspector act on this reason to believe, the facility would have to rebut this presumption. In other words, the respondent to an enforcement action bears the burden of demonstrating or proving that the Agency’s presumption is wrong.

Dealing With Inspections

If you are properly prepared for inspec-tions in advance, then you should have little cause to worry. The following are general principles to consider and are not provided as legal advice.

Preparation and Planning

• Always be ready for an inspection. Ad-vance notice is not required.

• Keep a list of documentation required to be kept under each applicable program.

• Know the location of documentation.

• Record contact information for each per-son responsible for documentation.

• Give guidance to employees on what will happen during an inspection.

• Identify procedures to follow for admit-tance of inspector. Be careful about deny-ing entry; in certain types of inspections, this itself is illegal.

• Identify company representative(s) for each type of inspection.

• Train or instruct company representatives in how to conduct themselves during the inspection process.

• Obtain inspection checklist.

During the Inspection

• Notify necessary persons (e.g., manage-ment, legal counsel, area representatives).

• Don’t be argumentative or confrontational.

• Politely request credentials.

• Request an opening conference.

• Brief the inspector on safety procedures.

• Do not offer any more information than is asked for.

• Take detailed notes.

• Take duplicates of any samples, photo-graphs, or recordings that are made.

After the Inspection

• Have a closing conference.

• Obtain copies of inspector field notes and sample results.

• Review any notices with management and corporate counsel.



Notes:

Page 17

Inspections, continued

Other RCRA Enforcement Authority

In addition to the authority in Section 3007, the following sections in RCRA also address the EPA’s enforcement authority:

Section 3004—Relates to corrective ac-tions for permitted facilities and other land disposal facilities where there is reason to believe that standards required by permit are not being met. Generators should be aware that unaddressed spills or releases may, by default, cause the generator to be regulated as a land disposal facility.

Section 3008—Allows the Agency to forward a corrective action order. This mandates the respondent to identify any possible problems that may be presumed to exist and to “fix them.”

Section 3013—Allows the Agency, at its discretion, to instruct a person to generate information that is available from files and records. Further, the EPA may mandate such things as implementation of a sam-pling and analysis program, analysis of wastes, or any other indicator of possible mismanagement.

Section 7003—Is used where there is reason to believe that a situation poses an immediate or imminent threat to human health or the environment.



Notes:

Page 18

RCRA PENALTIES AND ENFORCEMENT

The enforcement of environmental laws is a central part of the EPA’s Strategic Plan to pro-tect human health and the environment. The EPA works to ensure compliance with envi-ronmental requirements. When warranted, the Agency will take civil or criminal enforcement action against violators of environmental laws.

Civil Penalties

Environmental civil liability is strict; meaning it arises simply through the existence of a violation of one or more of the environ-mental regulations. Civil liability does not take into consideration what the responsible party “knew” about the law or regulation which they violated. A civil violation may be the result of an accident, mistake, or even an unintentional omission.

To be found civilly liable for violating environmental laws, the standard of proof is based upon “the preponderance of the evi-dence”. This means that the evidence pre-sented is convincing and more likely to be true than not true. Essentially, the standard is satis-fied if there is a greater than 50% chance that the evidence is true.

The defendant in a civil suit can either be found liable, following a trial, or reach a mutu-ally agreed-upon settlement with the govern-ment. At this point the defendant is required to meet all of the terms of the settlement, but does not have to acknowledge that they vio-lated the law.

If a civil defendant is found liable, or agrees to a settlement, the result can be:

• A monetary penalty,

• Injunctive relief (actions required to cor-rect the violation and come into compli-ance, such as the installation of pollution control equipment), and/or

• Additional actions taken to improve the environment.

Assessing Civil Penalties

Civil penalties are assessed “per day, per incident.” This means that if an inspector found 20 improperly labeled drums at a site, and it was determined that the drums had been mislabeled for 30 days, the inspector could multiply the initial fine by 20 (per inci-dent), and then multiply that amount by 30 (per day). Because of this, civil penalties can easily reach into the tens and even hundreds of thousands of dollars.

The maximum amount that can be assessed for a civil violation of RCRA’s hazardous waste rules is adjusted annually for inflation.

Civil penalties are typically assessed against the person or persons that have the overall responsibility for committing the resources to comply with the environmental requirements. This typically will be a company or corporation.



Notes:

Page 19

RCRA Penalties and Enforcement, continued

Criminal Penalties

Environmental criminal liability is trig-gered through some level of intent, and as such, most of the environmental crimes that the EPA investigates involve “knowing viola-tions” of the law. These violations are classi-fied as felonies in all of the Federal environ-mental statutes, except for the toxic substances and pesticide statutes. In the situation of a “knowing violation” the person or company is aware of the facts that create the violation. In other words, a conscious and informed action brought about the violation. While the EPA is involved in the gathering of evidence related to an alleged criminal violation of the envi-ronmental laws, the prosecution is conducted through the Department of Justice.

Criminal guilt must be established “beyond a reasonable doubt.” This is a higher, or more stringent, standard than the civil lia-bility standard. When a criminal defendant pleads guilty or is convicted by a jury, there is no question of legal wrongdoing. The defen-dant has legally committed the crime.

If a criminal defendant is convicted or pleads guilty, the result can be:

• A monetary fine paid to the U.S. Treasury,

• Restitution (reimbursing the govern-ment for the cost of cleanup or response, compensating for the harm caused by the violation), and / or

• Incarceration.

Assessing Criminal Penalties

Unlike civil penalties, criminal penalties are not adjusted annually for inflation. The penalty for a criminal violation of RCRA’s haz-ardous waste regulations depends on whether or not human life was endangered by the violation.

If the violation did NOT cause imminent danger to human life, then:

• A maximum fine of up to $50,000 can be assessed (doubled for a second offense).

• The individual responsible can be sen-tenced from 2 to 5 years in prison (dou-bled for a second offense).

If the violation resulted in imminent danger to human life, then:

• A maximum fine of up to $250,000 can be assessed for individuals.

• A maximum fine of up to $1,000,000 can be assessed for organizations.

• The individual responsible can be sen-tenced to 15 years in prison.

Criminal penalties can be assessed against any person. This means that both companies and individuals (i.e., executives, management, and also individual employees) for which the evidence shows beyond a reasonable doubt have violated an environmental law can face prosecution and penalty, if convicted.



Notes:

Page 20

“SUPERFUND” LIABILITYCERCLA §107

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

The Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA, or “Superfund”) explicitly holds certain parties liable to pay for cleanup of, and environmental damages from, the release of “hazardous substances.”

NOTE: All RCRA hazardous wastes are included on CERCLA’s list of hazardous substances.

Responsible Parties [CERCLA §107(a)]

CERCLA (or “Superfund”) establishes the principle of joint, several, and strict liability for any cleanup costs and damages caused by the release of hazardous substances. There are four types of “responsible parties” (who are CERC-LA-liable) for hazardous substance damages and/or cleanup. These are:

1. The current owner and operator of the property where the substances were dis-posed of;

2. The owner and operator of the property at the time hazardous substances were disposed of;

3. Anyone who by contract or otherwise arranged for disposal of hazardous substances (the generator, waste broker, intermediary waste storage facilities, etc.); and

4. Anyone who transported hazardous sub-stances to the disposal site (except “com-mon carriers”).

NOTE: A potentially responsible party (PRP) is anyone whom the EPA may hold liable for cost compensation. Based on the evidence gath-ered, the EPA will identify a list of potentially responsible parties, notify these persons, and begin cost recovery.

Strict Liability

Under the principle of strict liability (explicitly stated in CERCLA), the EPA is not required to show that you did anything wrong. Following regulations or standard industry practice is not a sufficient “excuse” from CERCLA liability.

Joint and Several Liability

Under the principle of joint and several liability, any responsible party may be held accountable for the full cleanup costs caused by any site for which the party is found “respon-sible.” In multi-party sites, the EPA needs to only find one or a few responsible parties



Notes:

Page 21

“Superfund” Liability, continued

upon which to assess the full liability. It then becomes the burden of the responsible parties to sue unnamed parties for cost recovery.

Retroactive Liability

Under CERCLA, there is retroactive lia-bility. Persons are liable for cleanup costs and damages caused by releases occurring prior to, as well as after, the enactment of CERCLA. Passage of time does not remove liability.

If your waste ever threatens human health or the environment, you may be liable.

Potential Costs and Damages Under CERCLA Liability

A potentially responsible party’s liability for response costs is unlimited. Examples of recoverable response costs are:

• Sampling and monitoring to assess the extent of contamination.

• Detecting, identifying, controlling, and disposing of hazardous substances.

• Assessing extent of danger to the public.

• Administration and overhead.

• Enforcement (including litigation and attorney fees).

Liability for damages other than those above is limited to $50 million per incident, unless the release resulted from non-compli-ance with regulations.

Defenses from Liability

There are a few defenses from Superfund liability provided at §107 of CERCLA. The three primary defenses are:

1. An act of God.

2. An act of war.

3. An act or omission of a third party who is not an employee or agent of the de-fendant and who is not one whose act or omission occurs in connection with a con-tractual relationship with the defendant. This includes the innocent landowner defense.

The law also provides a defense for cleanup contractors at a Superfund site. [CERCLA §107(d)]



Management




CONTENTS

Acronyms and Key Terms ...................................................................................................23

Hazardous Waste Identification .........................................................................................24

Introduction ..........................................................................................................................24

Step One: Determine If the Waste Is a Solid Waste .........................................................26

Solid Waste Identification ...................................................................................................27

Speculative Accumulation and Legitimate Recycling ....................................................31

Step Two: Determine If the Material Is “Excluded” ........................................................34

Step Three: Determine If the Material Is a Hazardous Waste ........................................39

Characteristic vs. Listed Hazardous Wastes ....................................................................40

Hazardous Waste Identification Process ...........................................................................41

Characteristic Hazardous Wastes ......................................................................................42

Listed Hazardous Wastes:

The Process Wastes .........................................................................................................49

The F001–F005 Spent Solvents ......................................................................................53

Listed Hazardous Wastes: The Unused Products ......................................................58

Keeping Waste in the System .............................................................................................64

Hazardous Waste Determination Records .......................................................................68

Types of Regulatory Relief ..................................................................................................69

Hazardous Waste Identification .........................................................................................70



Page 23

ACRONYMS AND KEY TERMS

Acute hazardous waste: means hazardous wastes that meet the listing criteria in §261.11(a)(2) and therefore are either listed in §261.31 of this chapter with the assigned hazard code of (H) or are listed in §261.33(e) of this chapter.

By-product: means a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. [40 CFR 261.1]

Co-product: means a material that is pro-duced for the general public’s use and is ordinarily used in the form it is produced by the process. [40 CFR 261.1]

Disposal: means the discharge, deposit, injec-tion, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constit-uent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. [40 CFR 260.10]

Generator: means any person, by site, whose act or process produces hazardous waste identified or listed in part 261 of this chapter or whose act first causes a hazard-ous waste to become subject to regulation. [40 CFR 260.10]

LDR: Land disposal restriction

PCBs: Polychlorinated biphenyls

Reclaimed: a material is “reclaimed” if it is processed to recover a usable product, or if it is regenerated. [40 CFR 261.1]

Scrap metal: means bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be com-bined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled. [40 CFR 261.1]

Sludge: means any solid, semi-solid, or liquid waste generated from a municipal, com-mercial, or industrial wastewater treat-ment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant. [40 CFR 260.10]

Solid waste: means any garbage, refuse, sludge ... and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agri-cultural operations.... [42 U.S.C. 6903]

Spent material: means any material that has been used and as a result of contamination can no longer serve the purpose for which it was produced without processing. [40 CFR 261.1]

Note: The EPA has stated that “the fact that a material can continue to be used for its original purpose is not relevant to the issue of whether or not it is a spent material when it is clear from the facts that the ma-terial will not be used but instead will be treated by reclamation.” [March 24, 1994 Memorandum, RO 11822]

Storage: means the holding of hazardous waste for a temporary period, at the end of which the hazardous waste is treated, disposed of, or stored elsewhere. [40 CFR 260.10]




Notes:

Page 24

HAZARDOUS WASTE IDENTIFICATIONIntroduction

Key Regulatory References

40 CFR Topic

262.11 Instructions for hazardous waste determination

261.2 Definition of “solid waste”

261.3 Definition of “hazardous waste”

261.4–261.7 Waste management exclusions

261.21–261.24 Hazardous waste characteristics

261.31, 261.32, 261.33

Hazardous waste listings

What’s It All About?

Waste identification is the first step in haz-ardous waste management. Hazardous wastes are a subset of solid wastes, subject to more stringent requirements. The hazardous waste management requirements at 40 CFR 262–270 apply to materials that meet the definition of hazardous waste at the moment the waste is produced/generated. So, for each waste pro-duced, the generator must know at the point of generation whether it is a hazardous waste. It is the responsibility of the generator to ensure that waste identification is done properly.

The generator must take a systematic approach, evaluating specific regulatory defi-nitions in a precise sequence. This process requires the generator to consider the materi-al’s chemical and physical properties, as well as what might happen to the material once it is generated.

This stage determines:

• Whether the hazardous waste rules apply. Materials that either do not meet the definition of hazardous waste or meet specific exclusions from the defini-tion of solid or hazardous waste are not subject to the hazardous waste manage-ment requirements.

• What treatment must be done on a haz-ardous waste before land disposal.

• What accumulation options/specific management requirements apply to the hazardous waste.

If the material is not identified correctly at the point of generation, then the amount of waste counted may be incorrect. The regula-tory requirements for generators are based on the amount of waste generated. So if there is a breakdown in waste identification, the mate-rial may not be counted, and the correct man-agement rules may not be applied.



Notes:

Page 25

Hazardous Waste Identification, continued

What Do You Need to Know?

Hazardous waste determination requires a combination of knowledge and analysis. In order to determine if any particular material at a site is a hazardous waste, the generator must consider the following:

• Where is the material coming from?

• What are the facility’s intentions for the material (i.e., recycling, incineration, dis-posal, etc.)?

• What is the material’s physical state?

• What constituents are present in the material?

• What is known about the material’s physical properties (e.g., flash point, pH, reactivity)?

Both small and large quantity genera-tors must maintain records supporting their hazardous waste determinations, including records that identify whether a solid waste is a hazardous waste. Records may include, but are not limited to, the results of analytical testing, sampling results, and testing to deter-mine the properties of the waste. Generators are required to follow specific record retention policies, which are discussed in more detail in a later section of this reference book.

What Are the Steps for Identifying a Hazardous Waste?

The regulations at 40 CFR 262.11 outline the steps for performing hazardous waste identification. Essentially, there are three steps in the waste identification process.

Step One: Determine If the Material Is a Solid Waste

Since hazardous wastes are a subset of solid waste under RCRA, the first step in the waste ID process is to determine whether or not the material is a solid waste as defined at 40 CFR 261.2. If the material is not a solid waste, then it cannot be a hazardous waste, so you would not need to go any further in the identification process.

Step Two: Determine If the Material Is “Excluded”

If the material meets the definition of a solid waste at 40 CFR 261.2, then the second step in the waste ID process is to determine whether or not the material is excluded from either the definition of solid waste at 40 CFR 261.4(a) or the definition of hazardous waste at §261.4(b).

NOTE: It is also possible that the material is a hazardous waste that is excluded from the hazardous waste regulations under certain conditions (e.g., materials excluded from reg-ulation as hazardous waste at 40 CFR 261.6(a)).

Step Three: Determine If the Material Is a Hazardous Waste

If the material is a solid waste that is not excluded, then the third step in the waste ID process is to determine whether or not the material is a hazardous waste, as defined at 40 CFR 261.3.



Notes:

Page 26

STEP ONE: DETERMINE IF THE WASTE IS A SOLID WASTE40 CFR 261.2

In order for a material to be a hazardous waste, it must at least be a solid waste as defined at 40 CFR 261.2. So, the first question a gener-ator must ask about any material generated is: “Is it a solid waste?”

Solid Waste Misconceptions

When determining whether or not a mate-rial is a solid waste, it is important to keep in mind that, despite its name, solid waste isn’t necessarily solid. It’s also important to understand that just because the material is a “waste,” it doesn’t mean that it has no value. In fact, a solid waste could be extremely valuable and there could be many people who would want to buy it. The material would still be a solid waste if it met the statutory and regula-tory definitions of solid waste.

Statutory Definition of Solid Waste [42 U.S.C. 6903]

The statutory definition of a solid waste was created by Congress, and it defines a solid waste as:

“any garbage, refuse, sludge... and other dis-carded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations....”

Regulatory Definition of Solid Waste [40 CFR 261.2]

For the purposes of the hazardous waste regulations, a material is a solid waste if it meets the regulatory definition of “solid waste,” found at 40 CFR 261.2.

There are four ways that a material can meet the regulatory definition of a solid waste.

1. The material is “abandoned” by being:

– Disposed of.

– Burned or incinerated.

– Treated (but not recycled) or stored before being disposed of or burned or incinerated.

– Sham recycled. [40 CFR 261.2(b)]

2. The material is recycled in “certain” ways. Table 1 at 40 CFR 261.2 identifies the types of recycling that make a materi-al a solid waste. [40 CFR 261.2(c)]

3. The material is identified by the EPA as being “inherently waste-like” (regardless of whether it is abandoned or recycled). Inherently waste-like materials include dioxins and halogen acid furnace feed-stock. [40 CFR 261.2(d)]

4. The material meets the definition of a military munition identified at 40 CFR 266.202.



Notes:

Page 27

SOLID WASTE IDENTIFICATIONA Practical Approach

Types of Secondary Materials

In order for a “hazardous secondary mate-rial” to be subject to RCRA as a hazardous waste, the material must first be a solid waste. Any of the following materials that are part of a production waste stream may be considered a secondary material:

• By-products

• Commercial chemical products (CCPs)

• Sludges

• Spent materials

All solid wastes will fall into one of these categories. Knowing the category can help identify if it is eligible for an exclusion from the hazardous waste regulations based on how it is managed.

Five Possible Management Options for Secondary Materials

Whether or not a secondary material is going to be a solid waste will come down to one big question: What is the generator going to do with it? Essentially, there are five possi-ble answers to that question:

1. The material can be “placed on the ground.”

2. The material can be burned.

3. The material can be reclaimed.

4. The material can be reused.

5. The material can be stored.

1. Regulatory Status of Materials That Are “Placed On the Ground” [40 CFR 261.2(b)(1) and (c)(1)]

Unless a specific exclusion applies, any time a material is going to be placed in or on the ground, it will be a solid waste.

Materials may be placed in or on the ground for many different reasons. For example:

• The material could be sent to a landfill for disposal (i.e., it is abandoned).

• The material could be a sludge that is used as an ingredient to make road bed-ding (i.e., recycled by being used as an in-gredient to make a product that is applied to the land, an activity that EPA calls “use constituting disposal”).

Exception for Commercial Chemical Products

Commercial chemical products are not solid wastes when they are recycled by being applied to the ground if that is their ordinary manner of use.



Notes:

Page 28

Solid Waste Identification, continued

2. Regulatory Status of Materials That Are Burned [40 CFR 261.2(b)(2) and (c)(2)]

Unless a specific exclusion applies, any time a material is going to be burned, it will be a solid waste.

Materials may be burned for many differ-ent reasons. For example:

• The material could be sent to an incinera-tor to be destroyed (i.e., it is abandoned).

• The material could have a high BTU val-ue and could be sent to a cement kiln to be burned as a fuel source (i.e., recycled by being burned as a fuel).

Exception for Commercial Chemical Products

Commercial chemical products are not solid wastes when they are recycled by being burned for energy if they are normally used as fuels.

3. Regulatory Status of Materials That Are Reclaimed [40 CFR 261.2(c)(3)]

Materials are “reclaimed” when they are processed to recover usable products, or when they are regenerated. An example of a material being reclaimed would be taking used solvent that is too contaminated to be used any longer and running it through a distillation unit to clean it up and make it usable again.

In order to determine whether or not a material is a solid waste when reclaimed, it’s

first necessary to know what type of “second-ary material” it is.

By-product: means a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. [40 CFR 261.1]

Commercial chemical product: includes not only unused products, but also off-specifi-cation products, any residue remaining in a container or an inner liner, and any res-idue or contaminated soil, water, or other debris resulting from the cleanup of a spill. [40 CFR 261.33]

Sludge: means any solid, semi-solid, or liquid waste generated from a municipal, com-mercial, or industrial wastewater treat-ment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant. [40 CFR 260.10]

Spent material: means any material that has been used and as a result of contamination can no longer serve the purpose for which it was produced without processing. [40 CFR 261.1]

Note: The EPA has stated that “the fact that a material can continue to be used for its original purpose is not relevant to the issue of whether or not it is a spent material when it is clear from the facts that the ma-terial will not be used but instead will be treated by reclamation.” [March 24, 1994 Memorandum, RO 11822]



Notes:

Page 29


The Recycling Table (“Table 1”)

Column 3 of the Recycling Table, or 40 CFR 261.2, Table 1, identifies whether or not a mate-rial will be a solid waste when it is reclaimed:

• Materials identified by an “*” are solid wastes when reclaimed.

• Materials identified by a “–” are NOT solid wastes when reclaimed.

NOTE: The Recycling Table distinguishes between “characteristic” and “listed” sludges and by-products, meaning that there are two entries for sludges on the table and two for by-products. As used here, the terms “listed” and “characteristic” refer to the hazardous waste lists and characteristics. Therefore, in order to know which entry to use for sludges or by-products on the table, it is necessary to know “why” a solid waste would be a hazard-ous waste if it was a hazardous waste, mean-ing would it be a listed hazardous waste or just a characteristic hazardous waste.

Table 1 [40 CFR 261.2]

Use constituting disposal

(§261.2(c)(1))

Energy recovery/fuel (§261.2(c)(2))

Reclamation (§261.2(c)(3))

except as provided in §§261.4(a)(17),

261.4(a)(23), 261.4(a)(24) or 261.4(a)(27)

Speculative accumulation (§261.2(c)(4))

1 2 3 4

Spent Materials (*) (*) (*) (*)

Sludges (listed in 40 CFR 261.31 or 261.32)

(*) (*) (*) (*)

Sludges exhibiting a character-istic of hazardous waste

(*) (*) — (*)

By-products (listed in 40 CFR 261.31 or 261.32)

(*) (*) (*) (*)

By-products exhibiting a char-acteristic of hazardous waste

(*) (*) — (*)

Commercial chemical prod-ucts listed in 40 CFR 261.33

(*) (*) — —

Scrap metal that is not excluded under 40 CFR 261.4(a)(13)

(*) (*) (*) (*)



Notes:

Page 30


4. Regulatory Status of Materials That Are Reused [40 CFR 261.2(e)]

Materials that are reused “as is” (i.e., with-out being reclaimed first) are typically NOT solid wastes. There are three types of “reuse”:

1. As an ingredient to make a product

For example: Use of chemical industry still bottoms as feedstock; use of bag-house dust to make insulation.

2. As an effective substitute for a product

For example: Use of spent pickle liquor as a wastewater conditioner; use of oily residue as a process wetting agent.

3. By being returned to the process that gen-erated it, without first being reclaimed or land-disposed

For example: Dry emission control dust from a smelting process being collected, stored, and re-smelted in the original smelting furnace.

NOTE: Some incidental processing activities may not be considered reclamation and thus would not negate the reuse relief provided in 40 CFR 261.2(e)(1). Incidental process-ing activities are those that either change the material’s physical form without changing the mass or its chemical composition, or that make only a minor change to the mass, which also may make a minor change to the chem-ical composition. Examples of incidental pro-cessing includes activities such as melting base metals, shredding leather trimmings to reach a required particle size, and wetting dry wastes to avoid wind dispersal. [See RCRA Memoran-dum “Guidance for Identifying Incidental Pro-cessing Activities,” October 4, 2005 for details.]

Restrictions on Reuse

The following materials are solid wastes even if recycled through “reuse”:

• Materials that are placed in or on the ground (i.e., “used in a manner constitut-ing disposal”), for example, use as a dust suppressant or as fill material

• Materials that are burned for fuel or ener-gy, for example, “fuel blending”

• Materials that are accumulated specula-tively (essentially reusing less than 75% in a calendar year)

• Materials that are inherently waste-like materials [40 CFR 261.2(d)]

5. Regulatory Status of Materials That Are Stored

Materials that are stored have the same regulatory status while they are stored as they will have after they are stored, meaning that if they will be solid wastes afterwards, they will be solid wastes while they are being stored.

Therefore, unless a specific exclusion applies:

• Materials that are stored prior to being placed in or on the land or prior to being burned will be considered solid wastes while they are being stored.

• Materials that are stored prior to being reclaimed or reused will be solid wastes IF they will be solid wastes after reclama-tion or reuse. Otherwise, they will not be solid wastes.



Notes:

Page 31

SPECULATIVE ACCUMULATION AND LEGITIMATE RECYCLING

When the EPA created the reclamation and reuse exclusions at 40 CFR 261.2(c) and (e) respectively, it devised two criteria to deter-mine which recycling activities were actually effective enough to exclude a material from regulation as a waste. The recycling must be:

• Timely—sufficient quantities of the mate-rial being recycled in a specified period of time (i.e., the material is not being specu-latively accumulated)

• Legitimate—beneficial recycling is being performed

Timely vs. Speculative Accumulation [40 CFR 261.1(c)(8)]

In some cases, it may be necessary to hold on to a material prior to reclaiming it or reusing it to make recycling feasible. Materials that are speculatively accumulated will be solid wastes while they are being stored prior to these activ-ities. Otherwise, they will not be solid wastes.

Essentially, speculative accumulation is a condition that the generator must avoid in order to take advantage of a solid waste recy-cling exclusion. To do this, the generator must:

1. Demonstrate that the material is poten-tially recyclable and has a feasible means of being recycled.

2. Demonstrate that 75% of the material on hand on January 1 has been recycled or shipped off site for recycling by Decem-ber 31 of the same year.

3. Place the materials in a storage unit with a label indicating the date on which the material began to be accumulated.

NOTE: If placing a label on the storage unit is not practicable, the accumulation period must be documented through an inventory log or other appropriate method.

Speculative Accumulation Examples

Example 1

A generator has 1,000 lbs. of a potentially recyclable sludge on January 1.

To avoid speculative accumulation, the generator needs to recycle (or send off site for recycling) at least 75% of 1,000 lbs. by Decem-ber 31. Therefore, the generator needs to recycle at least 750 lbs. of the sludge by December 31.

NOTE: Any remaining sludge that was not recycled or shipped for recycling by December 31 would be counted when determining the 75% threshold for the following year.



Notes:

Page 32

Speculative Accumulation and Legitimate Recycling, continued

Example 2

A generator has 1,000 lbs. of a potentially recyclable sludge on January 1. On February 1, the generator produces another 1,000 lbs. of the waste sludge.

To avoid speculative accumulation, the generator needs to recycle (or send off site for recycling) at least 75% of what they had on site on January 1 by December 31. Therefore, the generator needs to recycle at least 750 lbs. of the sludge by December 31.

NOTE: Any sludge remaining from the orig-inal 1,000 lbs. plus any of the 1,000 lbs. gen-erated on February 1 that was not recycled or shipped for recycling by December 31 would be counted when determining the 75% thresh-old for the following year.

Example 3

A generator has 0 lbs. of a potentially recyclable sludge on January 1. On February 1, the generator produces 1,000 lbs. of the waste sludge.

To avoid speculative accumulation, the generator needs to recycle (or send off site for recycling) at least 75% of what they had on site on January 1 by December 31. In this case, that amount was 0 lbs., so the generator needs to recycle 0 lbs. of the sludge by December 31.

NOTE: Any sludge generated on February 1 that was not recycled or shipped for recy-cling by December 31 would be counted when determining the 75% threshold for the follow-ing year.

Speculative Accumulation and Commercial Chemical Products [40 CFR 261.2(c)(4)]

Commercial chemical products that are speculatively accumulated are not solid wastes when stored prior to recycling. Gen-erators need only be sure they are not storing their materials before abandoning or eventu-ally disposing of them. To do this, generators must legitimately believe that they will be able to find a use for the material (or find someone who has a use for the material) and they must treat the materials as “valuable” commercial chemical products while they are accumulat-ing them on site.

Legitimate Recycling [40 CFR 260.43 and 261.2(g)]

If a material is found to be “sham recy-cled,” it is considered to be discarded and is therefore a solid waste. Sham recycling is recy-cling that is not legitimate recycling, as defined at 40 CFR 260.43.

There are three criteria that must be met in order for recycling to be considered legitimate:

1. Legitimate recycling must involve a haz-ardous secondary material that provides a useful contribution to the recycling process or to a product or intermediate of the recycling process.

2. The recycling process must produce a valuable product or intermediate.

3. The generator and the recycler must manage the hazardous secondary ma-terial as a valuable commodity when it



Notes:

Page 33

Speculative Accumulation and Legitimate Recycling, continued

is under their control. Where there is an analogous raw material, the hazardous secondary material must be managed, at a minimum, in a manner consistent with the management of the raw material or in an equally protective manner.

Determining the Legitimacy of a Specific Recycling Activity

In general, in order for a specific recycling activity to be considered legitimate, the prod-uct of the recycling process cannot:

• Contain significant concentrations of any hazardous constituents found in 40 CFR 261, Appendix VIII that are not found in analogous products.

• Contain concentrations of hazardous constituents found in 40 CFR 261, Ap-pendix VIII at levels that are significantly elevated from those found in analogous products.

• Exhibit a hazardous characteristic (as defined in 40 CFR 261, Subpart C) that analogous products do not exhibit.

If these conditions have not been met, this MAY be an indication that the recycling activ-ity is not legitimate. However, these conditions do not have to be met in order for recycling to be considered legitimate. In evaluating the extent to which these conditions have been met and in determining whether a process that does not meet these conditions is still legiti-mate, generators can consider exposure from toxics in the product, the bioavailability of the toxics in the product, and other relevant con-siderations.

Generator Must Be Able to “Prove” Exclusions Apply [40 CFR 261.2(f)]

A generator responding to an EPA enforce-ment who claims that a material is not a solid waste must provide documentation proving that there is a known market or disposition for the material and that it meets the terms of an exclusion or exemption.



Notes:

Page 34

STEP TWO: DETERMINE IF THE MATERIAL IS “EXCLUDED”

The EPA excludes certain materials from regulation as either a solid or a hazardous waste at 40 CFR 261.2–261.8. Certain hazardous wastes can also be excluded from hazardous waste regulations under specific conditions.

Check State Regulations!

As with any Federal regulation, genera-tors should verify that a particular exclusion has been adopted by their state before they follow it.

Exclusions from the Definition of Solid Waste [40 CFR 261.4(a)]

There are more than two dozen exclusions at 40 CFR 261.4(a). If a generator determines that a material meets one of these exclusions, then that material is NOT a solid waste, and it therefore cannot be a hazardous waste by definition. Generators must be able to prove that all the conditions are met in order to take advantage of the exclusion.

The following are examples of some of the exclusions from the definition of solid waste.

Sewer Discharges [40 CFR 261.4(a)(1)]

Secondary materials that are discharged to a publicly owned treatment works (POTW) sewer system are excluded from the definition of solid waste. This would require that the sec-ondary materials are legitimately treated on

site prior to discharge in accordance with the National Pretreatment requirements at 40 CFR 403 and any local POTW mandates.

Wastewater Discharges [40 CFR 261.4(a)(2)]

Secondary materials that are discharged to a surface water in accordance with a National Pollutant Discharge Elimination System (NPDES) permit under 40 CFR 122 are excluded from the definition of solid waste. This would typically require the point source permit to identify the specific pollutants asso-ciated with the secondary materials. In addi-tion, the operator would need to perform legit-imate treatment of the secondary materials (i.e., not dilution) in order to meet discharge limits in the NPDES permit.

Closed Loop Reclamation [40 CFR 261.4(a)(8)]

Secondary materials that are reclaimed and returned to the original process or pro-cesses in which they were generated where they are reused in the production process are excluded from the definition of solid waste, provided several conditions are met:

• Only tank storage is allowed.

• Materials cannot be accumulated for more than 12 months without being reclaimed.

• The entire process through completion of reclamation is closed by being entirely connected with pipes or other comparable enclosed means of conveyance.



Notes:

Page 35

Step Two: Determine If the Material Is “Excluded”, continued

NOTE: This exclusion applies to “production processes” only (i.e., processes that produce a product); it does not support processes such as equipment maintenance and cleaning.

Excluded Scrap Metal [40 CFR 261.4(a)(13)]

“Excluded” scrap metal that will be recy-cled is excluded from the definition of solid waste. Excluded scrap metal includes pro-cessed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal, as defined at 40 CFR 261.1(c).

Used Cathode Ray Tubes (CRTs) [40 CFR 261.4(a)(22)]

Used, intact CRTs are not solid wastes unless they are disposed of or speculatively accumulated. Used broken CRTs and glass removed from CRTs may also be excluded from the definition of solid waste, provided they meet the requirements at 40 CFR 261.39.

Materials Generated and Reclaimed Under the Control of the Generator [40 CFR 261.4(a)(23)]

Hazardous secondary materials generated and legitimately reclaimed within the United States under the control of the generator are excluded from the definition of solid waste, provided certain conditions are met:

• Materials cannot be speculatively ac-cumulated.

• Materials must be “contained” prior to reclamation.

• Notice must be provided to the EPA, and documentation must be kept.

• Emergency preparedness requirements must be met.

Hazardous Secondary Materials Reclaimed by a Verified Recycler [40 CFR 261.4(a)(24)]

Hazardous secondary materials that are generated and then transferred to a veri-fied reclamation facility for reclamation are excluded from the definition of solid waste, provided certain conditions are met:

• Materials cannot be speculatively ac-cumulated.

• Materials cannot be handled by any person or facility other than the hazard-ous secondary material generator, the transporter, an intermediate facility, or a reclaimer.

• Generators and reclaimers must meet spe-cific management requirements and keep specific records.

• All persons claiming the exclusion must provide notification to the EPA.

Solvent-contaminated Wipes That Are Laundered and Reused [40 CFR 261.4(a)(26)]

Solvent-contaminated wipes that are sent for cleaning and reuse are not solid wastes from the point of generation, provided that several conditions are met:



Notes:

Page 36


• Wipes are accumulated, stored, and transported in non-leaking, closed containers that are labeled “Excluded Solvent-contaminated Wipes.”

• Wipes may be accumulated by the gener-ator for up to 180 days.

• At the point of being sent for cleaning, the wipes cannot contain any free liquids.

• Documentation must be kept.

Remanufactured Spent Solvents [40 CFR 261.4(a)(27)]

Hazardous spent solvents that are gener-ated and then transferred to another person for the purpose of remanufacturing are not solid wastes, provided that several conditions are met:

• The material consists of one or more of 18 specific solvents.

• The spent solvent was used for react-ing, extracting, purifying, or blending chemicals (or for rinsing out the process lines associated with these functions) in the pharmaceutical manufacturing, basic organic chemical manufacturing, plastics and resins manufacturing, and/or the paints and coatings manufactur-ing sectors.

• The material must be reclaimed by one of the above industries.

• After reclamation, use of the solvent is limited to specific activities within the above industries.

Exclusions from the Definition of Hazardous Waste [40 CFR 261.4(b)]

There are more than a dozen exclusions at 40 CFR 261.4(b). If a generator determines that a material meets one of these exclusions, then that material IS a solid waste, but it is NOT a hazardous waste. Generators must be able to prove that all the conditions are met in order to take advantage of the exclusion.

The following are examples of some of the exclusions from the definition of hazard-ous waste.

Oil Drilling Waste (“E and P Waste”) [40 CFR 261.4(b)(5)]

Drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natu-ral gas, or geothermal energy are all excluded from the definition of hazardous waste.

Petroleum Underground Storage Tank (UST) Cleanup [40 CFR 261.4(b)(10)]

Petroleum-contaminated media and debris from a petroleum underground storage tank that fail the test for the Toxicity Charac-teristic at 40 CFR 261.24 (Hazardous Waste Codes D018 through D043 only) are excluded from the definition of hazardous waste and are instead subject to the corrective action regula-tions of 40 CFR 280.



Notes:

Page 37


Reclaimed CFC Refrigerants [40 CFR 261.4(b)(12)]

Used chlorofluorocarbon (CFC) refriger-ants from totally enclosed heat transfer equip-ment, including mobile air conditioning sys-tems, mobile refrigeration, and commercial and industrial air conditioning and refrigera-tion systems that use chlorofluorocarbons as the heat transfer fluid in a refrigeration cycle are excluded from the definition of hazardous waste, provided the refrigerant is reclaimed for further use.

Used Oil Filters [40 CFR 261.4(b)(13)]

Used oil filters that are not plated with a tin and lead alloy (i.e., are non-terne plated) and that are not mixed with wastes listed in 40 CFR 261, Subpart D are excluded from the definition of hazardous waste, if the oil filters have been gravity hot-drained using one of the following methods:

• Puncturing the filter anti-drain back valve or the filter dome end and hot-draining.

• Hot-draining and crushing.

• Dismantling and hot-draining.

• Any other equivalent hot-draining meth-od that will remove used oil.

Solvent-contaminated Wipes Being Discarded [40 CFR 261.4(b)(18)]

Solvent-contaminated wipes, except for wipes that are hazardous waste due to the

presence of trichloroethylene, that are sent for disposal are not hazardous wastes, pro-vided that:

• Wipes are accumulated, stored, and trans-ported in non-leaking, closed containers that are labeled “Excluded Solvent-Con-taminated Wipes.”

• Wipes may be accumulated by the gener-ator for up to 180 days.

• At the point of being transported for disposal, the wipes cannot contain any free liquids.

• Documentation must be kept.

Exclusion for Hazardous Waste in Storage Tanks, Manufacturing Process Units, etc. [40 CFR 261.4(c)]

Hazardous waste that is generated in a product or raw material storage tank, a prod-uct or raw material transport vehicle or vessel, a product or raw material pipeline, or a man-ufacturing process unit or an associated non-waste treatment manufacturing unit is NOT subject to regulation under the hazardous waste regulations until it has been removed from that unit, or until that unit has been out of operation for more than 90 days.



Notes:

Page 38


Exclusion for Samples That Will Be Tested to Determine Characteristics or Composition [40 CFR 261.4(d)]

In general, samples being collected, trans-ported, analyzed, and stored are excluded from regulation as a hazardous waste.

NOTE: However, generators and transporters must comply with the regulations of the US DOT and the US Postal Service and any other regulations that affect a shipment of that par-ticular type of material.

Exclusion for Treatability Study Samples and Facilities [40 CFR 261.4(e) and (f)]

Generally, samples taken for the purposes of treatability studies, and the facilities that are analyzing them, are excluded from RCRA regulation.

Exclusion for Dredged Materials [40 CFR 261.4(g)]

Dredged material that is subject to the requirements of a permit that has been issued under Section 404 of the Federal Water Pollu-tion Control Act (33 U.S.C.1344) or Section 103 of the Marine Protection, Research, and Sanc-tuaries Act of 1972 (33 U.S.C. 1413) is not a haz-ardous waste.

Exclusions for Carbon Dioxide Stream Injected for Geologic Sequestration [40 CFR 261.4(h)]

Carbon dioxide streams that are captured and transported for purposes of injection into an underground injection well subject to the requirements for Class VI Underground Injec-tion Control wells are not a hazardous waste as long as several conditions are met.

Additional Exclusions from Regulation as Hazardous Waste

In addition to the previous exclusions, numerous other “common” materials are excluded from regulation as hazardous wastes, including:

• Recycled scrap metal that is not excluded at 40 CFR 261.4(a)(13). [40 CFR 261.6(a)(3)(ii)]

• Used oil that is recycled and managed under 40 CFR 279. [40 CFR 261.6(a)(4)]

• Residues in containers that meet the defi-nition of “RCRA-empty.” [40 CFR 261.7]

• PCB wastes regulated under the Toxic Substances Control Act. [40 CFR 261.8]



Notes:

Page 39

STEP THREE: DETERMINE IF THE MATERIAL IS A HAZARDOUS WASTE

Once the generator has determined that the material is a solid waste that does not meet any of the exclusions at 40 CFR 261.4, they are required to determine whether that solid waste is a hazardous waste.

When determining whether or not a solid waste is a hazardous waste, the issue is not whether or not the waste could hurt someone. The question to consider is whether the waste meets the regulatory definition of “hazardous waste” at 40 CFR 261.3.

Definition of Hazardous Waste [40 CFR 261.3]

According to the hazardous waste regu-lations, a solid waste meets the definition of a hazardous waste if it meets any of the following criteria:

• It exhibits one or more of the four charac-teristics defined in 40 CFR 261, Subpart C.

• It is listed on one of three lists at 40 CFR 261, Subpart D.

• It is mixed with listed waste (the “mix-ture rule”).

“Point of Generation” for Hazardous Wastes

The moment that a solid waste meets any of these criteria is the “point of generation” for the hazardous waste, and it is at this point that all applicable waste codes are assigned.

Once a material is determined to be a haz-ardous waste, all applicable hazardous waste management rules apply, unless a specific exclusion exists.

Utilizing Waste Codes

The Federal hazardous waste regulations do not require waste codes to be placed on containers or tanks while they are being accu-mulated on site. However, they are required to be documented in many ways, such as:

• Waste identification records.

• Land disposal restriction documents.

• Manifests.

• Biennial reporting.

Some states have additional requirements regarding how and where waste codes are utilized, including requirements for placing waste codes on containers and tanks that are being used to accumulate hazardous waste.

NOTE: Waste codes must be included as part of the markings on non-bulk containers (i.e., containers ≤ 119 gallons in size) when the con-tainers are shipped off site.



Notes:

Page 40

CHARACTERISTIC VS. LISTED HAZARDOUS WASTES

Characteristic Hazardous Wastes

There are four generic properties, or char-acteristics, that can cause a waste to be regu-lated as hazardous waste, and each has a spe-cific regulatory definition found at 40 CFR 261.21 through 261.24.

The four hazardous waste characteris-tics are:

1. Ignitability.

2. Corrosivity.

3. Reactivity.

4. Toxicity.

All of the characteristic wastes are assigned waste codes that begin with the letter “D.”

Listed Hazardous Wastes

The hazardous waste lists are “descriptive” lists, meaning that they describe processes or types of materials. With limited exceptions, if a waste is described on one of these lists, then it is a hazardous waste regardless of its actual properties.

There are three lists of hazardous wastes, which can be divided into two broad catego-ries: process wastes and unused products.

Process Wastes

There are two lists of hazardous wastes that describe “process” wastes. The process wastes come from various sources that the EPA determined produce wastes that needed to be regulated as hazardous wastes, such as certain types of wastewater treatment sludges, plating bath residues, and spent solvents.

Process wastes from non-specific sources are listed at 40 CFR 261.31 and are assigned waste codes that begin with the letter “F.” Pro-cess wastes from specific sources are listed at 40 CFR 261.32 and are assigned waste codes that begin with the letter “K.”

Unused Products

The third list of hazardous wastes con-tains unused commercial chemical products, or CCPs, that are hazardous wastes when dis-carded. These could include things such as unused benzene or off-specification toluene.

Commercial chemical products that are hazardous wastes when discarded are listed at 40 CFR 261.33(e) and (f). These wastes are assigned waste codes that begin with the let-ters “P” or “U.”



Notes:

Page 41

HAZARDOUS WASTE IDENTIFICATION PROCESS

Step 1: Determine If the Waste Poses Any of the Characteristics

The first step in hazardous waste deter-mination is to determine whether or not the waste poses one or more of the hazardous waste characteristics. To answer this question, the generator must check ALL four of the haz-ardous waste characteristics at 40 CFR 261, Subpart C.

Step 2: Determine If the Waste Is Described on Any of the Lists

The second step in hazardous waste determination is to determine whether or not the waste is described on one of the hazard-ous waste lists. Before checking any of the lists, however, the generator needs to answer a simple question: Is the waste an unused product?

• If the waste is an unused product, then the generator will need to check the P and U List at 40 CFR 261.33 to try to find the waste.

• If the waste is NOT an unused product, then the generator will need to check the F and K Lists at 40 CFR 261.31 and 261.32 to try to find the waste.

Step 3: Assign All Applicable Waste Codes

If the waste poses any of the hazardous waste characteristics and/or it is described on any of the hazardous waste lists, then the waste is a “Federal” hazardous waste, and it must be assigned all applicable waste codes. [40 CFR 262.11(g)]

• If the waste exhibits any of the character-istics, ALL applicable D codes must be assigned.

• If the generator finds the waste described on the P and U List, it will need to be assigned ONE P or U code.

• If the generator finds the waste described on the F and/or K Lists, it will need to be assigned ALL applicable F and K codes.

If the waste does not pose any hazardous waste characteristics and is not described on any of the lists, then it is not a Federal hazard-ous waste. In this case, it needs to be managed under all applicable local and State solid waste regulations.

Additional State Hazardous Waste Identification Issues

Because State hazardous waste regula-tions may regulate additional materials as hazardous wastes, if you determine that your material is not a Federal hazardous waste, you should check your State regulations to make certain that it is not regulated as a hazardous waste in your state.



Notes:

Page 42

CHARACTERISTIC HAZARDOUS WASTES40 CFR 261, Subpart C

The hazardous waste characteristics apply to all wastes from all industries and are based on the chemical and physical properties of the waste. In other words, they are based on things that can either be tested for or simply observed. The generator may use his or her knowledge of the raw materials or the process that generated the waste or obtain represen-tative samples of the waste and analyze them using the specified regulatory method found in SW-846, as referenced at 40 CFR 260.11(c)(3).

NOTE: Some of the characteristics do not have analytical methods specified. In these cases, the generator must use whatever information (knowledge) is available to determine if the waste has the defined property.

Regardless of whether or not a waste is a listed waste, the generator must determine if it exhibits any of these characteristics.

Ignitability: Waste Code D001 [40 CFR 261.21]

There are four properties that can cause a waste to exhibit the ignitability characteristic:

1. Liquids with a flash point < 140°F

2. Non-liquids that cause fire through fric-tion, absorption of moisture, or sponta-neous chemical combustion and that burn vigorously and persistently

3. Ignitable compressed gases

4. Oxidizers

Examples

Examples of materials that may be ignit-able include solvents, coating solutions and paints, and catalysts.



Notes:

Page 43

Characteristic Hazardous Wastes, continued

Corrosivity: Waste Code D002 [40 CFR 261.22]

There are two properties that can cause a waste to exhibit the characteristic of cor-rosivity:

1. Aqueous solutions with a pH less than or equal to 2 or greater than or equal to 12.5

2. Liquids that corrode steel at a rate of greater than 6.35 mm (0.25 in.) per year at 55°C (131°F)

NOTE: Under Federal regulations, if a waste is not aqueous or a liquid (i.e., it is a “solid” material), then it cannot be a corrosivity waste. Some states, however, do include “solid” mate-rials in their definitions of corrosivity wastes.

Examples

Examples of materials that may be corro-sive include etching and cleaning solutions and spent acids and bases.

Reactivity: Waste Code D003 [40 CFR 261.23]

There are eight properties that can cause a waste to exhibit the characteristic of reactivity:

1. Normally unstable and undergoes violent change without detonating

2. Reacts violently with water

3. Forms potentially explosive mixtures with water

4. Produces toxic gases when mixed with water

5. Cyanide- or sulfide-containing material that releases toxic gases under a specified pH range

6. Capable of detonation if struck or heated

7. Capable of detonation under standard temperature and pressure

8. A DOT explosive

Examples

Examples of materials that may be reactive include organic peroxides, metal compounds (e.g., aluminum and sodium), gun powder, picric acid, and zinc phosphide.




Page 44

Toxicity: Waste Codes D004–D043 [40 CFR 261.24]

A waste poses the toxicity characteristic if, when subjected to the Toxicity Character-istic Leaching Procedure (TCLP), it produces a leachate that contains one or more of the 39 constituents listed in Table 1 of 40 CFR 261.24

at concentrations greater than or equal to those specified in the table.

Essentially, the TCLP is a procedure designed to simulate landfill conditions, pre-dicting what (and how much of each) constitu-ent will leach out of a waste.

Examples

Examples of materials that may be toxicity wastes include materials that contain certain metals, some pesticides, and volatile organics such as benzene.

Table 1 [40 CFR 261.24] Maximum Concentration of Contaminants for the Toxicity Characteristic

EPA HW No.1 Contaminant CAS No.2 Leachable Concentration Regulatory Level (mg/L)

D004 Arsenic 7440-38-2 5.0

D005 Barium 7440-39-3 100.0

D018 Benzene 71-43-2 0.5

D006 Cadmium 7440-43-9 1.0

D019 Carbon tetrachloride 56-23-5 0.5

D020 Chlordane 57-74-9 0.03

D021 Chlorobenzene 108-90-7 100.0

D022 Chloroform 67-66-3 6.0

D007 Chromium 7440-47-3 5.0

D023 o-Cresol 95-48-7 4200.0

D024 m-Cresol 108-39-4 4200.0

D025 p-Cresol 106-44-5 4200.0

D026 Cresol 4200.0

D016 2,4-D 94-75-7 10.0

D027 1,4-Dichlorobenzene 106-46-7 7.5

D028 1,2-Dichloroethane 107-06-2 0.5

D029 1,1-Dichloroethylene 75-35-4 0.7

D030 2,4-Dinitrotoluene 121-14-2 30.13

D012 Endrin 72-20-8 0.02




Page 45

EPA HW No.1 Contaminant CAS No.2 Leachable Concentration Regulatory Level (mg/L)

D031 Heptachlor (and its epoxide) 76-44-8 0.008

D032 Hexachlorobenzene 118-74-1 30.13

D033 Hexachlorobutadiene 87-68-3 0.5

D034 Hexachloroethane 67-72-1 3.0

D008 Lead 7439-92-1 5.0

D013 Lindane 58-89-9 0.4

D009 Mercury 7439-97-6 0.2

D014 Methoxychlor 72-43-5 10.0

D035 Methyl ethyl ketone 78-93-3 200.0

D036 Nitrobenzene 98-95-3 2.0

D037 Pentachlorophenol 87-86-5 100.0

D038 Pyridine 110-86-1 35.0

D010 Selenium 7782-49-2 1.0

D011 Silver 7440-22-4 5.0

D039 Tetrachloroethylene 127-18-4 0.7

D015 Toxaphene 8001-35-2 0.5

D040 Trichloroethylene 79-01-6 0.5

D041 2,4,5-Trichlorophenol 95-95-4 400.0

D042 2,4,6-Trichlorophenol 88-06-2 2.0

D017 2,4,5-TP (Silvex) 93-72-1 1.0

D043 Vinyl chloride 75-01-4 0.2

1 Hazardous waste number.2 Chemical abstracts service number.3 Quantitation limit is greater than the calculated regulatory level. The quantitation limit therefore becomes the regulatory

level.4 If o-, m-, and p-Cresol concentrations cannot be differentiated, the total cresol (D026) concentration is used. The regulatory

level of total cresol is 200 mg/L.

Note: 1% = 10,000 ppm = 10,000 mg/kg ~ 10,000 mg/LFor total concentration of a solid, divide by 20.



Notes:

Page 46


TCLP Example

Analysis of a waste indicates it is 10% ben-zene and contains 10 mg/L TCLP silver and 3 mg/L TCLP chromium.

• Benzene is on the Toxicity Characteristic Table with a regulatory level of 0.5 mg/L. Ten percent = 100,000 ppm, 100,000 mg/kg, or 100,000 mg/L. Therefore, this waste is assigned the D018 waste code.

• Silver is on the Toxicity Characteristic Table with a regulatory level of 5.0 mg/L. Since this material has 10 mg/L, the waste is assigned the D011 waste code.

• Chromium is on the Toxicity Charac-teristic Table with a regulatory level of 5.0 mg/L. This material contains only 3.0 mg/L. Therefore, this material is not assigned the D007 waste code.

The TCLP Procedure

The TCLP procedure can be broken down into several steps:

1. A representative sample of the waste (100 g minimum) needs to be reduced to a particle size no larger than 9 mm. This will allow the waste sample to pass through the appropriately sized sieve.

2. A weak acid solution is added to the sample to serve as the leaching fluid in a 20:1 of volume-to-weight ratio (typically acetic acid).

3. The test is run by “tumbling” the mixture for 18 hours (± 2 hours) to simulate condi-tions in a landfill.

4. The mixture is filtered to remove any remaining solid particles.

5. The remaining liquid (the leachate) is analyzed to determine how much of the constituent being tested for leached out of the solid material.

TCLP vs. Total Concentration

The TCLP analyzes the amount of a spe-cific constituent that will leach out of a waste under specific conditions. “Total concentra-tion” analyzes the total amount of the constit-uent present in the material.

Since the amount of a constituent that might leach out of a waste can never be more than the amount present, if the data indicate that the total concentration of a TCLP constitu-ent in a waste is less than the TCLP threshold, then it is not necessary to run the TCLP.

Total Concentration and “Liquid” Wastes

The concept behind a TCLP is to simulate the leaching potential of a waste sample in a landfill in order to determine how much of a particular constituent will leach out of the solid (or semisolid) portion of a waste and then be dissolved in the liquids found in a landfill.

If the waste is a “liquid,” then essentially everything has “already” leached out. The concentration of the constituent in the liquid IS the “leachable” concentration. There is no need to actually run a TCLP test, because the total concentrations of any constituents pres-



Notes:

Page 47


ent in the liquid can simply be compared to the limits identified in the TCLP Table.

NOTE: As used here, the term “liquid” refers to a waste that contains less than 0.5 percent filterable solids. [40 CFR 261.24(a)]

Total Concentration and “Solid” Wastes

There isn’t a simple method available that will absolutely determine how much of a par-ticular constituent will leach out of a physically solid waste. However, if the generator has reli-able total concentration data on the constitu-ent(s) in question, it is possible to determine the maximum amount that could leach out by dividing the total concentration of each con-stituent present in the waste by 20.

This screening method comes directly from the EPA, who published the following guidance:

“For wastes that are 100% solid as defined by the TCLP, the maximum theoretical leachate concentration can be calculated by dividing the total concentration of the constituent by 20. If this value is below the regulatory concentration, the TCLP need not be performed. If the value is above the regulatory concentration, the waste may then be subjected to the TCLP to determine its regulatory status.”

“The dilution factor of 20 reflects the liquid to solid ratio employed in the extraction procedure.” [60 FR 66389, December 21, 1995]

NOTE: This works because if all of a constitu-ent in the sample completely leached into the extraction fluid during a TCLP, then the con-centration of the constituent in the leachate will always be 20 times less than its original concentration. This is because it was diluted to 1/20th of its original concentration during the test.

Using Total Concentration to Determine Maximum “Possible” TCLP for “Solid” Wastes

If the total concentration of a constituent (in mg/kg) divided by 20 yields a result below the TCLP regulatory limit for a particular con-stituent, then the TCLP test does NOT need to be run, since there isn’t enough of the constitu-ent present in the waste to leach out an amount that could cause the waste to fail the TCLP.

Conversely, if the total concentration of a constituent (in mg/kg) divided by 20 yields a result at or above the TCLP regulatory limit, there IS enough of the constituent present in the waste to leach out an amount that could cause the waste to fail the TCLP. It should be noted here, though, that it would not be cer-tain that the waste would fail the TCLP, since some of the constituent might not leach out of the solid during the test. The burden of proof would fall to the generator who at this point could either:

• Identify the waste as a toxicity charac-teristic hazardous waste and assign the appropriate waste code, or

• Use other generator knowledge or testing to demonstrate that the waste is not a tox-icity characteristic hazardous waste.



Notes:

Page 48


Using Total Concentration to Determine Maximum Possible TCLP for “Solid” Wastes Example 1

• A powder contains 10 mg/kg of selenium.

• 10 divided by 20 equals 0.5.

If all of the selenium leached out, the max-imum TCLP result would be ~0.5 mg/L. Since 1 mg/L TCLP is needed for the powder to be a D010 hazardous waste, this material does not have enough selenium in it to ever fail the TCLP test.

Using Total Concentration to Determine Maximum Possible TCLP for “Solid” Wastes Example 2

• A powder contains 800 mg/kg of lead.

• 800 divided by 20 equals 40.

If all of the lead leached out, the maximum TCLP result would be ~40 mg/L. Since we need 5 mg/L for the powder to be a D008 haz-ardous waste, it is possible that this waste could be a D008 waste. This result does not, however, mean that it will leach out this much lead, only that it’s possible. The generator could either assign the D008 waste code to the waste or have a TCLP run on the waste to determine the actual TCLP results.



Page 49

LISTED HAZARDOUS WASTES: THE PROCESS WASTES

The F List: Hazardous Wastes from Non-specific Sources [40 CFR 261.31]

The wastes on the F List are generic pro-cess wastes from non-specific sources. This means that if a waste meets any of the descrip-

tions on the F List, it is assigned the waste code for that waste no matter what industry the generator is in.

The F List includes materials such as spent halogenated and non-halogenated solvents, metal finishing wastes, and “dioxin” materials.

Excerpt from the F List at 40 CFR 261.31

Industry and EPA Hazardous

Waste No.Hazardous Waste Hazard

Code

Generic:

F001 The following spent halogenated solvents used in degreasing: Tetra-chloroethylene, trichloroethylene, methylene chloride, 1,1,1-trichlo-roethane, carbon tetrachloride, and chlorinated fluorocarbons; all spent solvent mixtures/blends used in degreasing containing, before use, a total of ten percent or more (by volume) of one or more of the above halogenated solvents or those solvents listed in F002, F004, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures

(T)

F003 The following spent non-halogenated solvents: Xylene, acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl isobutyl ketone, n-butyl alcohol, cyclohexanone, and methanol; all spent solvent mixtures/blends containing, before use, only the above spent non-halogenated solvents; and all spent solvent mixtures/blends containing, before use, one or more of the above non-halogenated solvents, and, a total of ten percent or more (by volume) of one or more of those solvents listed in F001, F002, F004, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures

(I)*

F007 Spent cyanide plating bath solutions from electroplating operations (R, T)

F008 Plating bath residues from the bottom of plating baths from electro-plating operations where cyanides are used in the process

(R, T)



Notes:

Page 50

Listed Hazardous Wastes: The Process Wastes, continued



Waste No.Hazardous Waste Hazard

Code

F009 Spent stripping and cleaning bath solutions from electroplating opera-tions where cyanides are used in the process

(R, T)

F010 Quenching bath residues from oil baths from metal heat treating oper-ations where cyanides are used in the process

(R, T)

F011 Spent cyanide solutions from salt bath pot cleaning from metal heat treating operations.

(R, T)

F012 Quenching wastewater treatment sludges from metal heat treating operations where cyanides are used in the process.

(T)

F026 Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the production of materials on equipment previ-ously used for the manufacturing use (as a reactant, chemical inter-mediate, or component in a formulating process) of tetra-, penta-, or hexachlorobenzene under alkaline conditions

(H)

F027 Discarded unused formulations containing tri-, tetra-, or pentachlo-rophenol or discarded unused formulations containing compounds derived from these chlorophenols. (This listing does not include for-mulations containing Hexachlorophene synthesized from prepurified 2,4,5-trichlorophenol as the sole component.)

(H)

F028 Residues resulting from the incineration or thermal treatment of soil contaminated with EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027

(T)

The K List: Hazardous Wastes from Specific Sources [40 CFR 261.32]

The wastes on the K List are process wastes from specific sources/processes. This means that if a waste meets one of the descriptions on the K List, it is ONLY assigned the waste code

for that waste if it was generated by the indus-try specified for that particular waste.

There are more than 100 K-numbered listed wastes. Wastes on the K List include wastewater treatment sludges and distillation bottoms from the production of specific chem-icals and other specified by-products and pol-lution control sludges.




Page 51

The industries that are found on the K List include:

• Wood preservation.

• Inorganic pigments.

• Organic chemicals.

• Inorganic chemicals.

• Pesticides.

• Explosives.

• Petroleum refining.

• Iron and steel.

• Primary aluminum.

• Secondary lead.

• Veterinary pharmaceuticals.

• Ink formulation.

• Coking.

Excerpt from the Industry-specific K List at 40 CFR 261.32


Waste No.

Hazardous Waste Hazard Code

Wood Preservation

K001 Bottom sediment sludge from the treatment of wastewaters from wood preserving processes that use creosote and/or pentachlorophenol.

(T)

Explosives

K044 Wastewater treatment sludges from the manufacturing and processing of explosives.

(R)

K045 Spent carbon from the treatment of wastewater containing explosives. (R)

K046 Wastewater treatment sludges from the manufacturing, formulation and loading of lead-based initiating compounds.

(T)

K047 Pink/red water from TNT operations. (R)

Petroleum Refining

K048 Dissolved air flotation (DAF) from the petroleum refining industry. (T)

K049 Slop oil emulsion solids from the petroleum refining industry. (T)

K050 Heat exchanger bundle cleaning sludge from the petroleum refining industry.

(T)

Iron and Steel

K061 Emission control dust/sludge from the primary production of steel in electric furnaces.

(T)



Notes:

Page 52


Hazard Codes [40 CFR 261.30]

The EPA indicated its basis for listing mate-rials as a hazardous waste by including a letter code along with the waste code. These letters are known as hazard codes. They are employed in the following way:

• I: Ignitability (characteristic)

• C: Corrosivity (characteristic)

• R: Reactivity (characteristic)

• E: Toxicity (characteristic)

• H: Acute hazardous (immediate poisons)

• T: Toxic (chronic or long-term effects)

For example, the EPA chose to list F007 waste (spent cyanide plating bath solutions from electroplating operations) on the F List because the Agency determined that this type of waste would be reactive and toxic when generated. K047 waste (pink red water from TNT operations), on the other hand, was listed solely because it is reactive.



Notes:

Page 53

LISTED HAZARDOUS WASTES: THE PROCESS WASTESThe F001–F005 Spent Solvents

The F001, F002, F003, F004, and F005 Spent Solvents

Although in most cases determining whether or not a waste meets the description of a waste on the F List is fairly straightforward, the F001 through F005 waste code descriptions can be more complicated and contain some subtleties that aren’t found in the other codes. Part of the complexity is due to the fact that the first five F-listed wastes have multiple descrip-tions. If a waste meets any of the descriptions under a specific F code, then the waste must carry the associated code.

The F001, F002, F004, and F005 Spent Solvents

In order for a solid waste to be an F001, F002, F004, or F005 hazardous waste, it must meet two criteria:

1. It must be a spent solvent.

2. Before the solvent was used, it must have contained at least 10% of ANY combina-tion of the solvents that are identified in the F001, F002, F004, or F005 categories.

NOTE: Once these two criteria have been met, the waste would be assigned ALL applicable F001, F002, F004, and F005 waste codes (i.e., if it contains an F004 solvent and an F005 sol-vent, it would be assigned both the F004 and the F005 waste codes).

The F003 Spent Solvents

In order for a solid waste to be an F003 hazardous waste:

• It must be a spent solvent.

• Before use, it must have must have been made up of only F003 solvents, OR

• Before use, it must have contained:

– At least one F003 solvent (in any amount), and

– At least 10% of ANY combination of the solvents identified in the F001, F002, F004, and/or F005 categories.

Examples of F001–F005 Spent Solvents

F-listed Waste: Example 1

You have a spent solvent blend con-sisting of:

• 15% benzene (F005 solvent)

• 85% ethanol (not an F001–F005 solvent)

1. The waste contains at least 10% of the constituents found in F001, F002, F004, or F005 (15% benzene (F005))

Answer: The waste is assigned the F005 waste code.



Notes:

Page 54




• 7% benzene (F005 solvent)

• 8% nitrobenzene (F004 solvent)

• 85% xylene (F003 solvent)

1. The waste contains at least 10% of the constituents found in F001, F002, F004, or F005 (8% nitrobenzene (F004) and 7% benzene (F005) for a total of 15%).

The waste is assigned the F004 and the F005 codes.

2. The waste contains at least one F003 (xylene) AND at least 10% of the con-stituents found in F001, F002, F004, or F005 (8% nitrobenzene (F004) and 7% benzene (F005)).

The waste is assigned the F003 code.

Answer: The waste is assigned the F003, F004, and F005 waste codes.



• 15% ethanol (not an F001–F005 solvent)

• 85% xylene (F003 solvent)

1. The waste does NOT contain at least 10% of the constituents found in F001, F002, F004, or F005.

The waste is not assigned any of the F001, F002, F004, or F005 waste codes.

2. The waste contains at least one F003 (xylene) but does NOT also contain at least 10% of the constituents found in F001, F002, F004, or F005 (nor is the waste composed of F003 solvents only).

The waste is not assigned the F003 code.

Answer: The waste is not assigned any listed waste codes.

NOTE: The examples in this exhibit are only reinforcing the basic principles of listed waste codes and how they are assigned. These exam-ples would also carry characteristic codes, and generators are responsible for knowing all waste codes that apply to a waste.




Page 55



Waste No. Hazardous Waste Hazard

Code

Generic:

SPENT SOLVENTS

F001 The following spent halogenated solvents used in degreasing: tetra-chloroethylene, trichloroethylene, methylene chloride, 1,1,1-trichlo-roethane, carbon tetrachloride, and chlorinated fluorocarbons; all spent solvent mixtures/blends used in degreasing containing, before use, a total of ten percent or more (by volume) of one or more of the above halogenated solvents or those solvents listed in F002, F004, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

(T)

F002 The following spent halogenated solvents: tetrachloroethylene, meth-ylene chloride, trichloroethylene, 1,1,1-trichloroethane, chloroben-zene, 1,1,2-trichloro-1,2,2-trifluoroethane, ortho-dichlorobenzene, trichlorofluoromethane and 1,1,2-trichloroethane; all spent solvent mixtures/blends containing, before use, a total of ten percent or more (by volume) of one or more of the above halogenated solvents or those listed in F001, F004, or F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

(T)

F003 The following spent non-halogenated solvents: xylene, acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl isobutyl ketone, n-butyl alcohol, cyclohexanone, and methanol; all spent solvent mixtures/blends containing, before use, only the above spent non-halogenated solvents; and all spent solvent mixtures/blends containing, before use, one or more of the above non-halogenated solvents, and, a total of ten percent or more (by volume) of one or more of those solvents listed in F001, F002, F004, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

(I)*

F004 The following spent non-halogenated solvents: cresols and cresylic acid, and nitrobenzene; all spent solvent mixtures/blends containing, before use, a total of ten percent or more (by volume) of one or more of the above non-halogenated solvents or those solvents listed in F001, F002, and F005; and still bottoms from the recovery of these spent sol-vents and spent solvent mixtures.

(T)




Page 56



Waste No. Hazardous Waste Hazard

Code

F005 The following spent non-halogenated solvents: toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, benzene, 2-ethoxyetha-nol, and 2-nitropropane; all spent solvent mixtures/blends containing, before use, a total of ten percent or more (by volume) of one or more of the above non-halogenated solvents or those solvents listed in F001, F002, or F004; and still bottoms from the recovery of these spent sol-vents and spent solvent mixtures.

(I,T)

This table lists the chemicals alphabetically that are found in the F001 through F005 spent solvent list to be used as a regulatory finding aid. Materials labeled with an asterisk (*) appear on the “TCLP” table located at 40 CFR 261.24 and may exhibit the characteristic of toxicity.

Alphabetical List of Spent Solvents at 40 CFR 261.31

Chemical CAS # Hazard Code Waste Number

Acetone 68-64-1 I F003

Benzene* 71-43-2 I,T F005

n-butyl alcohol 71-36-3 I F003

Carbon disulfide 75-15-0 I,T F005

Carbon tetrachloride* 56-23-5 T F001

Chlorinated fluorocarbons (generic listing for degreasing only)

T F001

Chlorobenzene* 108-90-7 T F002

Cresols, o-cresol* 95-48-7 T F004

m-Cresol* 108-39-4 T F004

p-Cresol* 106-44-5 T F004

Cresylic acid*, o-cresylic acid* 95-48-7 T F004

m-Cresylic acid* 108-39-4 T F004

p-Cresylic acid* 106-44-5 T F004

Cyclohexanone 108-94-1 I F003




Page 57

Alphabetical List of Spent Solvents at 40 CFR 261.31

Chemical CAS # Hazard Code Waste Number

2-Ethoxyethanol 110-80-5 I,T F005

Ethyl acetate 141-78-6 I F003

Ethyl benzene 100-41-4 I F003

Ethyl ether 60-29-7 I F003

Isobutanol 78-83-1 I,T F005

Methanol 67-56-1 I F003

Methylene chloride 75-09-2 T F001 (degreasing) F002 (all other solvent uses)

Methyl ethyl ketone* 78-93-3 I,T F005

Methyl isobutyl ketone 108-10-1 I F003

Nitrobenzene* 98-95-3 T F004

2-Nitropropane 79-46-9 I,T F005

Ortho-dichlorobenzene 95-50-1 T F002

Pyridine* 110-86-1 I,T F005

Tetrachloroethylene* 127-18-4 T F001 (degreasing) F002 (all other solvent uses)

Toluene 108-88-3 I,T F005

1,1,1-Trichloroethane 71-55-6 T F001 (degreasing) F002 (all other solvent uses)

1,1,2-Trichloroethane 79-00-5 T F002

Trichloroethylene* 79-01-6 T F001 (degreasing) F002 (all other solvent uses)

Trichlorofluoromethane 75-69-4 T F002

1,1,2-Trichloro-1,2,2-trifluoroethane 76-13-1 T F002

Xylene 1330-20-7 I F003



Notes:

Page 58

LISTED HAZARDOUS WASTES: THE UNUSED PRODUCTS

Commercial Chemical Products and the P and U List

Commercial chemical products that are hazardous wastes when discarded are listed at 40 CFR 261.33. As used in the hazardous waste regulations, the term “commercial chemical product” includes:

• Any on-specification commercial chemi-cal product or manufacturing chemical in-termediate having the generic name listed in paragraphs (e) or (f) of 40 CFR 261.33 [per 40 CFR 261.33(a)].

• Any off-specification commercial chemi-cal product. [40 CFR 261.33(b)]

• Any residue remaining in a container or in an inner liner. [40 CFR 261.33(c)]

• Any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill. [40 CFR 261.33(d)]

Listed commercial chemical product wastes are assigned P or U waste codes. Unlike the situation with the listed process wastes, however, an individual product will only ever be assigned ONE P or U code, since they are only assigned to “pure grade,” “tech-nical grade,” or materials with a “sole active ingredient.”

P-listed vs. U-listed Chemicals

The P List contains chemicals that are listed because they are considered to be acute haz-ardous wastes. This means that they could be, or are, fatal to humans or animals in low doses.

The U List contains chemicals that are toxic and/or pose other hazards. These materials are obviously potentially harmful to human health and the environment, but they don’t pose quite as immediate a threat as the acute hazardous wastes on the P List. Carcinogens, mutagens, and materials that bioaccumulate in the environment are commonly found on the U List of hazardous chemicals.

The P List [40 CFR 261.33(e)]

Every product that is found on the P List is on the list because it is acutely hazardous. Some materials pose hazards in addition to being acutely hazardous. In these cases, the additional hazards are denoted with the hazard code letters “R” or “T” for reactivity or toxicity, respectively.

Determining the Hazards of Chemicals on the P List

If the chemical is on the P List solely because it is acutely hazardous, then no hazard letters will follow the name of the chemical. For example, no “hazard letters” appear after the entry for acrolein, indicating that it is on the P List solely because it is acutely hazardous.

If the chemical poses hazards in addition to being acutely hazardous, then the letters “R” and/or “T” will follow the name of the chemical. For example, the letter “R” follows the entry for ammonium picrate, indicating that it is reactive in addition to being acutely hazardous.



Notes:

Page 59

Listed Hazardous Wastes: The Unused Products, continued

Excerpt from the P List at 40 CFR 261.33(e)

Hazardous Waste No.

Chemical Abstracts No. Substance

P023 107-20-0 Acetaldehyde, chloro

P002 591-08-2 Acetamide, N-(aminothiox-omethyl)-

P057 640-19-7 Acetamide, 2-fluoro

P058 62-74-8 Acetic acid, fluoro-, sodium salt

P002 591-08-2 1-Acetyl-2-thiourea

P003 107-02-8 Acrolein

P203 1646-88-4 Aldicarb sulfone

P004 309-00-2 Aldrin

P005 107-18-6 Allyl alcohol

P006 20859-73-8 Aluminum phos-phide (R)(T)

P007 2763-96-4 5-(Aminometh-yl)-3-isoxazolol

P008 504-24-5 4-Aminopyridine

P009 131-74-8 Ammonium picrate (R)

P066 16752-77-5 Methomyl

P068 60-34-4 Methyl hydrazine

P064 624-83-9 Methyl isocyanate

P078 10102-44-0 Nitrogen dioxide

P076 10102-43-9 Nitrogen oxide NO

Excerpt from the P List at 40 CFR 261.33(e)

Hazardous Waste No.


P078 10102-44-0 Nitrogen oxide NO2

P081 55-63-0 Nitroglycerine (R)

P082 62-75-9 N-Nitrosodime-thylamine

P084 4549-40-0 N-Nitrosomethyl-vinylamine

P085 152-16-9 Octamethylpyro-phosphoramide

P087 20816-12-0 Osmium oxide OsO4, (T-4)-

P185 26419-73-8 Tirpate

P123 8001-35-2 Toxaphene

P118 75-70-7 Trichloromethan-ethiol

P119 7803-55-6 Vanadic acid, ammonium salt

P120 1314-62-1 Vanadium oxide V2O5

P120 1314-62-1 Vanadium pent-oxide



Notes:

Page 60


The U List [40 CFR 261.33(f)]

The majority of the products on the U List are there because they are toxic, but some pose additional hazards, and some are on the list because they pose hazards OTHER THAN being toxic. Hazards for chemicals on the U List are denoted with the letters “I,” “C,” “R,” or “T” (for ignitability, corrosivity, reactivity, and toxic, respectively).

Determining the Hazards of Chemicals on the U List

If the chemical is on the U List solely because it is toxic, then there will be no letter after the name of the chemical. For example, acrylamide is listed solely because it is toxic, so there are no letters after the chemical name.

If the chemical is NOT toxic but is on the U List because it poses some other hazard, then an “I,” “C,” or “R” is used to denote the hazard or hazards. For example, acetone is listed solely because it is ignitable, so an “I” can be seen in parentheses after the name.

If the chemical on the U List is toxic AND poses an additional hazard, then a letter “T” appears after the chemical to indicate that it’s toxic, and the letters “I,” “C,” and/or “R” will be used to denote the additional hazard(s). For example, the entry for acetyl chloride is fol-lowed by the letters “C,” “R,” and “T,” indicat-ing that it is corrosive, reactive, and toxic.

Excerpt from the U List at 40 CFR 261.33(f)

Hazardous Waste No.


U394 30558-43-1 A2213

U001 75-07-0 Acetaldehyde (I)

U002 67-64-1 Acetone (I)

U003 75-05-8 Acetonitrile (I,T)

U004 98-86-2 Acetophenone

U005 53-96-3 2-Acetylaminoflu-orene

U006 75-36-5 Acetyl chloride (C,R,T)

U007 79-06-1 Acrylamide

U008 79-10-7 Acrylic acid (I)

U009 107-13-1 Acrylonitrile

U011 61-82-5 Amitrole

U019 71-43-2 Benzene (I,T)

U023 98-07-7 Benzotrichloride (C,R,T)

U085 1464-53-5 2,2’-Bioxirane

U021 92-87-5 [1,1’-Biphenyl]-4,4’-diamine

U073 91-94-1 [1,1’-Biphenyl]-4,4’-diamine, 3,3’-dichloro-

U091 119-90-4 [1,1’-Biphenyl]-4,4’-diamine, 3,3’-dimethoxy-

U095 119-93-7 [1,1’-Biphenyl]-4,4’-diamine, 3,3’-dimethyl)-

U225 75-25-2 Bromoform

U057 108-94-1 Cyclohexanone (I)



Notes:

Page 61



Hazardous Waste No.


U226 71-55-6 Ethane, 1,1,1-tri-chloro-

U227 79-00-5 Ethane, 1,1,2-tri-chloro-

U410 59669-26-0 Ethanimidothioic acid, N,N’-[thio-bis [(methylim-ino)carbon-yl-oxy]] bis-, dimethyl ester

U394 30558-43-1 Ethanimido-thioic acid, 2-(dimethyl-amino)-N-hy-droxy-2-oxo-, methyl ester

U359 110-80-5 Ethanol, 2-ethoxy-

U173 1116-54-7 Ethanol, 2,2’-(nitroso-imino)bis-

U395 5952-26-1 Ethanol, 2,2’-oxybis-, dicarba-mate

U004 98-86-2 Ethanone, 1-phenyl-

U043 75-01-4 Ethene, chloro-

U120 206-44-0 Fluoranthene

U122 50-00-0 Formaldehyde

U123 64-18-6 Formic acid (C,T)

U131 67-72-1 Hexachloroethane

U132 70-30-4 Hexachlorophene

U243 1888-71-7 Hexachloropro-pene


Hazardous Waste No.


U133 302-01-2 Hydrazine (R,T)

U086 1615-80-1 Hydrazine, 1,2-diethyl-

U098 57-14-7 Hydrazine, 1,1-dimethyl-

U099 540-73-8 Hydrazine, 1,2-dimethyl-

U109 122-66-7 Hydrazine, 1,2-diphenyl-

U134 7664-39-3 Hydrofluoric acid (C,T)

U154 67-56-1 Methanol (I)

U155 91-80-5 Methapyrilene

U142 143-50-0 1,3,4-Methe-no-2H-cyclobu-ta[cd]pental-en-2-one,1,1a, 3,3a,4,5,5,5a,5b, 6-decachlorooc-tahydro-

U247 72-43-5 Methoxychlor

U154 67-56-1 Methyl alcohol (I)

U029 74-83-9 Methyl bromide

U186 504-60-9 1-Methylbutadiene (I)

U045 74-87-3 Methyl chloride (I,T)

U156 79-22-1 Methyl chlorocar-bonate (I,T)

U226 71-55-6 Methyl chloroform

U157 56-49-5 3-Methylcholan-threne



Notes:

Page 62



Hazardous Waste No.


U158 101-14-4 4,4’-Methylenebi-s(2-chloroani-line)

U068 74-95-3 Methylene bro-mide

U080 75-09-2 Methylene chlo-ride

U159 78-93-3 Methyl ethyl ketone (MEK) (I,T)

U188 108-95-2 Phenol

U189 1314-80-3 Phosphorous sul-fide (R)

U190 85-44-9 Phthalic anhydride

U191 109-06-8 2-Picoline

U179 100-75-4 Piperidine, 1-nitroso-

U192 23950-58-5 Pronamide

See F027 93-72-1 Silvex (2,4,5-TP)

U206 18883-66-4 Streptozotocin

U103 77-78-1 Sulfuric acid, dimethyl ester

U189 1314-80-3 Sulfur phosphide (R)

U210 127-18-4 Tetrachloroeth-ylene

U219 62-56-6 Thiourea

U244 137-26-8 Thiram

U220 108-88-3 Toluene

U221 25376-45-8 Toluenediamine


Hazardous Waste No.


U223 26471-62-5 Toluene diisocya-nate (R,T)

U328 95-53-4 o-Toluidine

U353 106-49-0 p-Toluidine

U222 636-21-5 o-Toluidine hydro-chloride

U389 2303-17-5 Triallate

U239 1330-20-7 Xylene

Dealing With Chemical Formulations (“Blends”)

As a general rule, products that consist of blends of chemicals are not typically assigned P or U codes (although characteristic waste codes may still apply). The one exception to this rule is when the product contains a “sole active ingredient.” In this situation, the prod-uct would be assigned the P or U code that corresponds to that particular ingredient. [See comment at 40 CFR 261.33(d).]

NOTE: The term “sole active ingredient” does not mean the sole “hazardous” ingredient. As used in the hazardous waste regulations, the term “sole active ingredient” means the single active ingredient that performs the functions of the product.



Notes:

Page 63


Sole Versus Multiple Active Ingredients: Example 1

You have an off-spec solvent blend containing:

• 50% methanol as an active ingredient

Methanol is listed at 40 CFR 261.33(f) as a U154 waste.

• 50% methyl ethyl ketone (MEK) as an active ingredient

MEK is listed at 40 CFR 261.33(f) as a U159 waste.

In order for a P or U code to apply to a mixture, the mixture must contain a sole (only one) active ingredient. In this case, both meth-anol and methyl ethyl ketone are listed on the U List, but since they are both acting as active ingredients, neither code will apply.

Answer: The waste would not be as-signed any listed waste codes.

Sole Versus Multiple Active Ingredients: Example 2

You have an off-spec insecticide containing:

• 1% methomyl as the active ingredient

Methomyl is listed at 40 CFR 261.33(e) as a P066 waste.

• 10% methanol serving as a delivery mechanism

Methanol is listed at 40 CFR 261.33(f) as a U154 waste.

• 89% proprietary ingredients

In order for a P or U code to apply to a mixture, the mixture must contain a sole active ingredient. In this case, the mixture does have a sole active ingredient (methomyl), so the code for the sole active ingredient is the only listed waste code that will apply.

Answer: The waste would be assigned the listed waste code of P066.

NOTE: The examples in this exhibit are only reinforcing the basic principles of listed waste codes and how they are assigned. Many of the example chemicals would also carry character-istic codes, and generators are responsible for knowing any and all waste codes that apply to a waste.



Notes:

Page 64

KEEPING WASTE IN THE SYSTEM

The Mixture Rule [40 CFR 261.3(a)(2)(iv) and 261.3(b)(2)–(3)]

Listed Hazardous Wastes

The “mixture rule” states that, with lim-ited exceptions, any mixture consisting of listed hazardous waste and any solid waste is still con-sidered to be listed hazardous waste. The origi-nal listed waste code then applies to the entire mixture.

Example: If you take discarded aldrin, a listed hazardous waste with a P004 waste code, and mix it with trash in a dumpster (a solid waste), then the entire mixture is now a listed hazardous waste with a P004 hazardous waste code.

Exception for Hazardous Wastes Listed for Ignitability, Corrosivity, or Reactivity [40 CFR 261.3(g)(2)(i)]

A mixture consisting of a listed hazardous waste that was listed SOLELY for exhibiting a characteristic of ignitability, corrosivity, or reactivity and any solid waste is NOT consid-ered to be hazardous waste IF the mixture no longer exhibits any hazardous waste charac-teristic.

NOTE: Even though the waste may no longer be a hazardous waste, land disposal restric-tions still apply to the waste, meaning that it may still need to be treated prior to disposal, certain LDR documentation requirements will apply, and the waste must be disposed of properly.

Characteristic Hazardous Wastes

If a characteristic hazardous waste is mixed with solid waste, the resulting mixture is only a hazardous waste if it still exhibits a hazardous waste characteristic. If those prop-erties are not still present after mixing, then the mixture is not a hazardous waste.




Notes:

Page 65

Keeping Waste in the System, continued

“Contained-In” Policy

In some cases, materials other than solid waste may become mixed with listed haz-ardous wastes. These materials could include environmental media (soil, groundwater, surface water, etc.); waste handling equip-ment; personal protective equipment (aprons, gloves, etc.); parts of buildings and structures (floors, walls, beams, curbing, etc.); and other non-waste materials. Because in these cases the listed hazardous waste was not mixed with “solid waste,” the resultant mixture is not sub-ject to the mixture rule, even if the mixture is discarded.

To account for such situations, the EPA has developed the “contained-in” interpretation, which has become a recognized EPA policy regarding these types of materials. The “con-tained-in” policy states basically that an item other than solid waste that contains (i.e., is contaminated with) a listed hazardous waste is not itself a hazardous waste, but must be man-aged as though it were a hazardous waste until and unless the hazardous waste is removed from the item.

1. US Environmental Protection Agency. Solid Waste and Emergency Response. Management of Remediation Waste Under RCRA. EPA530-F-98-026. October 1998.

While the EPA has not codified the con-tained-in policy into regulation, the Agency has developed the policy over the course of years in many other official, if informal, documents.

The last time the EPA thoroughly dis-cussed the policy was in a 1998 memo from EPA headquarters to the regional offices. In this document1, the Agency stated:

“The contained-in policy was first articulated in a November 13, 1986 EPA memorandum, “RCRA Regula-tory Status of Contaminated Ground-water.” It has been updated many times in Federal Register preambles, EPA memos and correspondence, see, e.g., 53 FR 31138, 31142, 31148 (Aug. 17, 1988), 57 FR 21450, 21453 (May 20, 1992), and detailed discussion of the continuing requirement that some soils which have been determined to no longer contain hazardous waste (but still contain solid waste) comply with land disposal treatment stan-dards can be found in the HWIR-Me-dia proposal preamble, 61 FR 18804; the September 15, 1996 letter from Michael Shapiro (EPA OSW Direc-tor) to Peter C. Wright (Monsanto Company); and the preamble to the LDR Phase IV rule, 63 FR 28617 (May 26, 1998).”

Hazardous Debris

In the case of “debris” containing listed waste, the EPA has established explicit rules for what constitutes “removing” the waste from the debris (or destroying the waste in



Notes:

Page 66


the debris). These rules were promulgated as part of the land disposal restriction standard for debris at 40 CFR 261.3(f) and 268.45. For all other “contained-in” wastes, the EPA leaves it to the enforcement authority to determine when the listed waste has been sufficiently “removed from” the other stuff to make the stuff no longer regulated as hazardous waste.

The Derived-from Rule [40 CFR 261.3(c)(2)(i)]

Listed Hazardous Waste

The “derived-from” rule states that, with limited exceptions, any waste generated from the treatment, storage, or disposal of a listed hazardous waste is also a listed hazardous waste and carries the original listed waste code.

Exception for Hazardous Wastes Listed for Ignitability, Corrosivity, or Reactivity [40 CFR 261.3(g)(2)(ii)]

Any solid waste that is generated from treating, storing, or disposing of a listed haz-ardous waste that was listed SOLELY for exhibiting a characteristic of ignitability, cor-rosivity, or reactivity, is NOT considered to be

hazardous waste IF the solid waste no longer exhibits any hazardous waste characteristic.


Characteristic Hazardous Wastes [40 CFR 261.3(d)(1)]

If a characteristic hazardous waste is treated and the residue from the treatment no longer exhibits a characteristic, then the resi-due is NOT hazardous waste.




Notes:

Page 67


Why Did the EPA Do This?

The “mixture” and “derived-from” rules are intended to prevent generators and TSDFs from circumventing hazardous waste reg-ulations by claiming that their mixtures or treatment residues no longer meet the listing descriptions.

How a Hazardous Waste Stops Being a Hazardous Waste: Three Criteria [40 CFR 261.3(d) and 261.3(g)(1)]

A hazardous waste stops being a hazardous waste if:

1. It is a characteristic waste that no longer exhibits a characteristic.

2. It is a listed waste but is “delisted” through a petition to the EPA.

3. It is a listed waste that was listed solely because it exhibited the characteristic of ignitability, corrosivity, or reactivity, and it no longer exhibits a characteristic.

Special LDR Issues for Wastes Listed Solely Due to Ignitability, Corrosivity, or Reactivity [40 CFR 261.3(b), (c), and (g) and 66 FR 27269, May 16, 2001]

If a listed hazardous waste that is listed solely due to the characteristic of ignitabil-ity, corrosivity, or reactivity is subsequently treated to remove all characteristics, it is no longer hazardous waste, but must still meet applicable LDR treatment standards. Once all characteristics have been eliminated and all LDR standards have been met, the waste may be disposed in a Subtitle D (solid waste) landfill.

In addition, if a listed hazardous waste that is listed solely due to the characteristic of ignitability, corrosivity, or reactivity does not exhibit a characteristic at the point of genera-tion, then the waste was NEVER a hazardous waste. Since the waste was never a hazardous waste, it would not be subject to any of the haz-ardous waste requirements, including LDRs.

It is important to consult applicable State regulations regarding wastes listed due to characteristics, as many states may have a more restrictive view.



Notes:

Page 68

HAZARDOUS WASTE DETERMINATION RECORDS40 CFR 262.11(f) and (g)

Generators must keep records supporting their hazardous waste determinations, includ-ing records that identify whether a solid waste is a hazardous waste. At a minimum, these records must include:

• The results of any tests, sampling, waste analyses, or other determinations made in accordance with 40 CFR 262.11.

• Records documenting the tests, sam-pling, and analytical methods used to demonstrate the validity and relevance of such tests.

• Records consulted in order to determine:

– The process by which the waste was generated.

– The composition of the waste.

– The properties of the waste.

• Records that explain the knowledge basis for the generator’s determination, as de-scribed at 40 CFR 262.11(d)(1).

• All applicable listed and characteristic waste codes.

Waste determination records must be kept for at least three years from the date that the waste was last sent for treatment, storage, or disposal, either on or off site.



Page 69

TYPES OF REGULATORY RELIEF

ExclusionsNot Solid Waste 40 CFR 261.2(c)—Certain materials reclaimed

40 CFR 261.2(e)—Reuse exclusion40 CFR 261.4(a)—Specific exclusions

Not Hazardous Waste 40 CFR 261.4(b)—Various exclusions from the definition of hazardous wastes (e.g., household waste and used oil filters)

Not Listed 40 CFR 261.3(a)(2)(iv)—De minimis wastewater 40 CFR 261.3(c)(2)—Special treatment residues

Not Characteristic 40 CFR 261.3(d)(1)—No longer exhibits characteristic (but note LDRs)40 CFR 261.21(a)(1)—Aqueous alcohol solutions

Not Subject to HW Regulation

40 CFR 261.3(f)—Treated debris40 CFR 261.4(c)—Waste remaining in process units40 CFR 261.4(d)–(f)—Samples40 CFR 261.6(a)(3)—Specified wastes being recycled40 CFR 261.7—Empties40 CFR 261.8—”Toxicity Characteristic –” organic regulated as PCB

waste under TSCA40 CFR 262.14(a)—VSQG wastes

ReliefsSpecial Recycle 40 CFR 261.6(a)(2)—General

40 CFR 266, Subpart C—Use constituting disposal40 CFR 266, Subpart F—Precious metals40 CFR 266, Subpart G—Lead-acid batteries40 CFR 266, Subpart H—Burned as fuel in boilers/industrial furnaces

Universal Wastes 40 CFR 261.9—General exclusion40 CFR 273—Specific requirements for aerosol cans, batteries,

pesticides, lamps, and mercury-containing equipment

Used Oil 40 CFR 261.6(a)(4)—General exclusion

40 CFR 279—Specific requirements

PetitionsNot Solid Waste 40 CFR 260.30 and 260.31—Reclaimed before reuse, partly reclaimed,

or accumulated speculatively

Not Hazardous 40 CFR 260.22—“Delisting”

Universal Wastes 40 CFR 260.23 and 273, Subpart G—Petition to add to list

Boiler 40 CFR 260.32 and 260.33—Classify operation as a boiler

Change a Rule 40 CFR 260.20—Any person may petition to change any rule



Page 70

HAZARDOUS WASTE IDENTIFICATION

Is it an unused product?

YesNo

Does it exhibit the ignitability, corrosivity, reactivity, or toxicity characteristic? [40 CFR 261.21–261.24]

It’s a hazardous waste.

Yes

No

Did the waste meet any hazardous waste criteria?

It’s a Federal hazardous waste. Assign all applicable waste codes.

It’s not a Federal hazardous waste. Check State rules.

[40 CFR 261.3]Yes

No

Is it a solid waste? [40 CFR 261.2]

Is it excluded? [40 CFR 261.4]

Prove and document (check State rules). [40 CFR 261.2(f)]

Yes

Yes

No

No

Is it on the P or U List? [40 CFR 261.33]

It’s a hazardous waste.

Is it on the F or K List? [40 CFR 261.31 and 261.32]

Yes Yes

No No



Page 71

F001, F002, F004, and F005 Spent Solvents• Blend (before use) that contains ≥ 10%

of any constituents listed in F001, F002, F004, and/or F005 (individually or added together)

F003 Spent Solvents• Chemical or blend (before use) that is

100% F003 constituent(s); or

• Blend (before use) that contains at least one F003 constituent and ≥ 10% of any constituents listed in F001, F002, F004, and/or F005 (individually or added together)

Ignitability, D001 [40 CFR 261.21]• Liquids with flash point < 140°F

• Non-liquids that can cause fire and burn vigorously and persistently

• Ignitable compressed gas

• Oxidizers

Corrosivity, D002 [40 CFR 261.22]• Aqueous solutions with pH ≤ 2 or ≥ 12.5

• Liquids that corrode steel at a rate of 6.35 mm (~0.25 in.)/year

Reactivity, D003 [40 CFR 261.23]• Normally unstable and undergoes violent

change without detonating

• Reacts violently with water

• Forms potentially explosive mixtures with water

• Produces toxic gases when mixed with water

• Cyanide- or sulfide-containing material that releases toxic gases under specified pH ranges

• Capable of detonating with strong initiat-ing source or heating under confinement

• Capable of detonation, explosive decom-position, or explosive reaction at standard temperature and pressure

• DOT explosive [49 CFR 173.54]

Toxicity, D004–D043 [40 CFR 261.24]

Waste Code Contaminant Regulatory

Level (mg/L)

D004 Arsenic 5.0

D005 Barium 100.0

D018 Benzene 0.5

D006 Cadmium 1.0

D019 Carbon tetrachloride 0.5

D020 Chlordane 0.03

D021 Chlorobenzene 100.0

D022 Chloroform 6.0

D007 Chromium 5.0

D023 o-Cresol 200.0

D024 m-Cresol 200.0

D025 p-Cresol 200.0

D026 Cresol 200.0

D016 2,4-D 10.0

D027 1,4-Dichlorobenzene 7.5

D028 1,2-Dichloroethane 0.5

D029 1,1-Dichloroethylene 0.7

D030 2,4-Dinitrotoluene 0.13

D012 Endrin 0.02

D031 Heptachlor (and its epoxide) 0.008

D032 Hexachlorobenzene 0.13

D033 Hexachlorobutadiene 0.5

D034 Hexachloroethane 3.0

D008 Lead 5.0

D013 Lindane 0.4

D009 Mercury 0.2

D014 Methoxychlor 10.0

D035 Methyl ethyl ketone 200.0

D036 Nitrobenzene 2.0

D037 Pentachlorophenol 100.0

D038 Pyridine 5.0

D010 Selenium 1.0

D011 Silver 5.0

D039 Tetrachloroethylene 0.7

D015 Toxaphene 0.5

D040 Trichloroethylene 0.5

D041 2,4,5-Trichlorophenol 400.0

D042 2,4,6-Trichlorophenol 2.0

D017 2,4,5-TP (Silvex) 1.0

D043 Vinyl chloride 0.2

Note: 1% = 10,000 ppm = 10,000 mg/kg ~ 10,000 mg/L For total concentration of a solid, divide by 20.



Management




CONTENTS

Acronyms and Key Terms ...................................................................................................73

Accumulating Hazardous Waste .......................................................................................75

Generator Category Determination ...................................................................................77

RCRA-empty Containers ....................................................................................................82

Independent Requirements and Conditions for Exemption .........................................85

Notifications and ID Numbers ...........................................................................................87

Generator Biennial Reporting ............................................................................................89

Generators’ Accumulation Options ...................................................................................90

The Very Small Quantity Generator (VSQG) Exemption ...............................................92

The Satellite Accumulation Exemption ............................................................................95

The Small Quantity Generator Exemption .......................................................................99

The Large Quantity Generator Exemption .....................................................................106

Episodic Generation ..........................................................................................................116

Container Management Standards Summary for Generators .....................................120

Universal Waste Regulations ............................................................................................121

Used Oil Rules ....................................................................................................................131

Spent Lead-Acid Batteries Being Reclaimed ..................................................................136

Hazardous Waste Pharmaceuticals (HWP) ....................................................................138

Treatment Excluded from RCRA Permitting Requirements ........................................151

Treatment While Accumulating .......................................................................................153

Elementary Neutralization ...............................................................................................156

Wastewater Treatment Units ...........................................................................................157

Hazardous Wastes Being Recycled ..................................................................................160

Examples of Hazardous Waste Recycling ......................................................................162

Regulatory Applicability by Topic ...................................................................................164



Notes:

Page 73


Central accumulation area: means any on-site hazardous waste accumulation area with hazardous waste accumulating in units subject to either §262.16 (for small quan-tity generators) or §262.17 of this chapter (for large quantity generators). A central accumulation area at an eligible academic entity that chooses to operate under 40 CFR Part 262, Subpart K is also subject to §262.211 when accumulating unwanted material and/or hazardous waste. [40 CFR 260.10]

Container: means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled. [40 CFR 260.10]

Containment building: means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of subpart DD of parts 264 or 265 of this chapter. [40 CFR 260.10]

Drip pad: means an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipita-tion, and surface water run-on to an associ-ated collection system at wood preserving plants. [40 CFR 260.10]

Generator: means any person, by site, whose act or process produces hazardous waste identified or listed in part 261 of this chap-ter or whose act first causes a hazardous waste to become subject to regulation. [40 CFR 260.10]

Hazardous waste management unit: means a contiguous area of land on or in which hazardous waste is placed, or the largest area in which there is significant likelihood of mixing hazardous waste constituents in the same area. Examples of hazardous waste management units include a surface impoundment, a waste pile, a land treat-ment area, a landfill cell, an incinerator, a tank and its associated piping and under-lying containment system and a container storage area. A container alone does not constitute a unit; the unit includes contain-ers and the land or pad upon which they are placed. [40 CFR 260.10]

Large quantity generator: means a genera-tor who generates any of the following amounts in a calendar month:

(1) Greater than or equal to 1,000 kilo-grams (2,200 lbs.) of non-acute hazardous waste; or

(2) Greater than 1 kilogram (2.2 lbs.) of acute hazardous waste listed in §261.31 or §261.33(e) of this chapter; or

(3) Greater than 100 kilograms (220 lbs.) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in §261.31 or §261.33(e) of this chapter. [40 CFR 260.10]

LDR: Land disposal restrictions (40 CFR Part 268)

LQG: Large quantity generator (of hazard-ous waste)



Notes:

Page 74

Acronyms and Key Terms, continued

On-site: means the same or geographi-cally contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a crossroads intersec-tion, and access is by crossing as opposed to going along, the right-of-way. Non-con-tiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, is also considered on-site property. [40 CFR 260.10]

NOTE: The term “site” has the same meaning as “on-site” for the purposes of managing haz-ardous wastes.

Small quantity generator: means a generator who generates the following amounts in a calendar month:

(1) Greater than 100 kilograms (220 lbs.) but less than 1,000 kilograms (2,200 lbs.) of non-acute hazardous waste; and

(2) Less than or equal to 1 kilogram (2.2 lbs.) of acute hazardous waste listed in §261.31 or §261.33(e) of this chapter; and

(3) Less than or equal to 100 kilograms (220 lbs.) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in §261.31 or §261.33(e) of this chap-ter. [40 CFR 260.10]

SPCC: Spill Prevention, Control and Countermeasures

SQG: Small quantity generator (of hazard-ous waste)

Storage: means the holding of hazardous waste for a temporary period, at the end of which the hazardous waste is treated, disposed of, or stored elsewhere. [40 CFR 260.10]

Tank: means a stationary device, designed to contain an accumulation of hazardous waste, which is constructed primarily of non-earthen materials (e.g., wood, con-crete, steel, plastic) which provide struc-tural support. [40 CFR 260.10]


US DOT: United States Department of Trans-portation

UST: Underground storage tank

Very small quantity generator: means a generator who generates less than or equal to the following amounts in a calen-dar month:

(1) 100 kilograms (220 lbs.) of non-acute hazardous waste; and

(2) 1 kilogram (2.2 lbs) of acute hazard-ous waste listed in §261.31 or §261.33(e) of this chapter; and

(3) 100 kilograms (220 lbs.) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in §261.31 or §261.33(e) of this chapter. [40 CFR 260.10]

VOC: Volatile organic compound

VSQG: Very small quantity generator (of haz-ardous waste)



Notes:

Page 75

ACCUMULATING HAZARDOUS WASTEIntroduction


40 CFR Topic

262.13 Generator category deter-mination rules (i.e., count-ing hazardous waste)

262.14 Very small quantity genera-tion accumulation rules

262.15 Satellite accumulation rules

262.16 Small quantity generator central accumulation area rules

262.17 Large quantity generator central accumulation area rules

262, Subpart L Episodic generation rules


If a generator produces a hazardous waste, it is very likely that the hazardous waste will be stored on site for a time before being shipped to a treatment, storage, or disposal facility (TSDF) for further management. There are several potential management options for hazardous wastes being accumulated (i.e., stored) on site:

• Very small quantity generator (VSQG) accumulation

• Satellite accumulation

• Small quantity generator, central accumu-lation area

• Large quantity generator, central accumu-lation area

• Universal waste accumulation

• Permitted storage

The specific options available will be based on the type of generator, type of hazardous waste, location of accumulation, accumulation device, and other factors.

For each accumulation area, the gener-ator must select one of the possible options and meet all of the option’s applicable require-ments for communication, device manage-ment, preparedness and planning, emergency procedures, and personnel training.

More Waste Equals More Rules

The amount of hazardous waste a facil-ity generates in a calendar month determines its generator category and thus the rules that must be followed. Generally speaking, the more waste a generator produces, the more accumulation rules that have to be followed.



Notes:

Page 76

Accumulating Hazardous Waste, continued


In order to determine which accumulation options are available to each accumulation area on site, the generator needs to know:

• How much hazardous waste is generated on the entire site, per month.

• What type of hazardous waste is being accumulated.

• In what type of device the hazardous waste is being accumulated.

• Where on site the hazardous waste is being accumulated.

OSHA Requirements May Apply

The on-site management of hazardous waste is excluded from the OSHA Hazardous Communication Standard found at 29 CFR 1910.1200. Generators of hazardous waste do not need to create or maintain Safety Data Sheets for the hazardous waste generated or label their hazardous wastes per the require-ments of the HazCom Standard. However, there are many other OSHA employee health and safety rules that your site may be sub-ject to, such as the rules for forklifts, the rules for storing flammable liquids, the rules for responding to emergencies, the rules for per-sonal protective equipment, etc.



Notes:

Page 77

GENERATOR CATEGORY DETERMINATION40 CFR 262.13

In order to identify which rules they may or must follow, generators have to determine their generator categories. A generator’s cat-egory is based on the amount of hazardous waste generated each calendar month. Under Federal regulations, a generator’s status can change from month to month, based on the amount of waste generated during that month. State regulations, however, may be stricter.

NOTE: Unless explicitly excluded, hazardous wastes must be counted when they are first generated, not when they are moved to a cen-tral storage area, shipped off site, etc.

Definitions [40 CFR 260.10]

Acute hazardous waste: means hazardous wastes that meet the listing criteria in 40 CFR 261.11(a)(2) and therefore are either listed in §261.31 of this chapter with the assigned hazard code of (H) or are listed in §261.33(e).

Non-acute hazardous waste: means all haz-ardous wastes that are not acute hazard-ous waste.

Large quantity generator: means a genera-tor who generates any of the following amounts in a calendar month:

(1) Greater than or equal to 1,000 kilo-grams (2,200 lbs.) of non-acute hazardous waste; or

(2) Greater than 1 kilogram (2.2 lbs.) of acute hazardous waste listed in §261.31 or §261.33(e) of this chapter; or

(3) Greater than 100 kilograms (220 lbs.) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in §261.31 or §261.33(e) of this chapter.




(3) Less than or equal to 100 kilograms (220 lbs.) of any residue or contaminat-ed soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in §261.31 or §261.33(e) of this chapter.





Notes:

Page 78

Generator Category Determination, continued

(2) 1 kilogram (2.2 lbs.) of acute hazard-ous waste listed in §261.31 or §261.33(e) of this chapter; and

(3) 100 kilograms (220 lbs.) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in §261.31 or §261.33(e) of this chapter.

Determining Generator Category

To determine their generator category, for a particular month, generators must:

1. Count separately the total amount of acute and non-acute hazardous waste generat-ed on site during the month, EXCEPT for wastes that are specifically excluded from being counted, and

2. Determine separately their generator cate-gories for the amounts of acute and non-acute hazardous waste that were generat-ed using Table 1 at 40 CFR 262.13, and

3. Use the most stringent generator category that applies.

TABLE 1 TO §262.13—GENERATOR CATEGORIES BASED ON QUANTITY OF WASTE GENERATED IN A CALENDAR MONTH

Quantity of acute hazardous waste

generated in a calendar month

Quantity of non-acute hazardous waste

generated in a calendar month

Quantity of residues from a cleanup of acute

hazardous waste generated in a calendar

month

Generator category

> 1 kg Any amount Any amount Large quantity generator

Any amount ≥ 1,000 kg Any amount Large quantity generator

Any amount Any amount > 100 kg Large quantity generator

≤ 1 kg > 100 kg and < 1,000 kg ≤ 100 kg Small quantity generator

≤ 1 kg ≤ 100 kg ≤ 100 kg Very small quantity generator



Notes:

Page 79


Wastes FULLY Excluded from Counting to Determine Generator Category [40 CFR 262.13(c)]

When determining their generator cate-gory, generators are not required to count the following hazardous wastes:

1. Materials that are exempt from regula-tion:

• Hazardous waste in manufacturing process units. [40 CFR 261.4(c)]

• Hazardous waste samples. [40 CFR 261.4(d)]

• Treatability study samples. [40 CFR 261.4(e) and (f)]

• Specific wastes being recycled. [40 CFR 261.6(a)(3)]

• Empty containers. [40 CFR 261.7(a)(1)]

• PCB wastes. [40 CFR 261.8]

2. Hazardous wastes managed immediately upon generation in on-site elementary neutralization units, wastewater treat-ment units, or totally enclosed treatment facilities.

Figure 1

3. Hazardous wastes that are recycled immediately, without prior storage, in an on-site process subject to 40 CFR 261.6(c)(2).

4. Used oil managed according to 40 CFR 279.

5. Spent lead-acid batteries managed ac-cording to 40 CFR 266, Subpart G.

6. Universal wastes managed according to 40 CFR 273.

7. Hazardous waste that is an unused commercial chemical product (listed in 40 CFR 261, Subpart D or exhibiting one or more characteristics in 40 CFR 261, Subpart C) that is generated solely as a result of a laboratory clean-out conducted at an eligible academic entity pursuant to 40 CFR 262.213.

8. Hazardous wastes that are managed as part of an episodic event in compliance with the conditions of 40 CFR 262, Sub-part L.

9. A hazardous waste pharmaceutical, as defined in 40 CFR 266.500, that is sub-ject to or managed in accordance with 40 CFR 266, Subpart P or is a hazardous waste pharmaceutical that is also a Drug Enforcement Administration controlled substance and is conditionally exempt under 40 CFR 266.506.




Page 80

Wastes PARTIALLY Excluded from Counting to Determine Generator Category [40 CFR 262.13(d)]

When determining their generator cate-gory, generators are not required to count the following hazardous waste, provided that they were counted the first time they were generated:

1. Hazardous waste when removed from on-site storage (see Figure 2).

2. Hazardous waste produced by on-site treatment (including reclamation) of haz-ardous waste (see Figure 3).

3. Spent materials that are generated, re-claimed, and reused on site (see Figure 3).

Figure 2

Figure 3



Notes:

Page 81


Determining Generator Category

Example 1

In a particular calendar month, a genera-tor produces the following amounts of hazard-ous waste:

• 0.5 kg of acute hazardous waste, and

• 800 kg of non-acute hazardous waste, and

• 0 kg of residue from the cleanup of an acute hazardous waste spill.

Comparing the quantities to the amounts listed in Table 1, the generator is determined to be a small quantity generator, based on the 0.5 kg of acute hazardous waste that was gen-erated (i.e., quantity < 1 kg) and the 800 kg of non-acute hazardous waste that was gener-ated (i.e., quantity < 1,000 kg).

Example 2


• 0 kg of acute hazardous waste, and

• 1,200 kg of non-acute hazardous waste, and


Comparing the quantities to the amounts listed in Table 1, the generator is determined to be a large quantity generator, based on the 1,200 kg of non-acute hazardous waste that was generated (i.e., quantity > 1,000 kg).

Example 3


• 2 kg of acute hazardous waste, and

• 950 kg of non-acute hazardous waste, and


Comparing the quantities to the amounts listed in Table 1, the generator is determined to be a large quantity generator, based on the 2 kg of acute hazardous waste that was generated (i.e., quantity > 1 kg).

ConversionsThe regulations measure units using the

metric system. To aid you, below are two exam-ples of materials and their conversions. These are guidelines, given that at equal volume, higher-density materials will weigh more than lower-density materials.

Water1 liter = 1 kg = 2.2 lbs.

1 gallon = 3.78 kg = 8.34 lbs.

55 gallons = 208 kg = 459 lbs.

Material 1: Gasoline1 liter = 0.73 kg = 1.6 lbs.

1 gallon = 2.75 kg = 6.07 lbs.

55 gallons = 152 kg = 334 lbs.

Material 2: 95% Sulfuric Acid Solution1 liter = 1.8 kg = 3.96 lbs.

1 gallon = 6.95 kg = 15.3 lbs.

55 gallons = 382.25 kg = 841.5 lbs.



Notes:

Page 82

RCRA-EMPTY CONTAINERS40 CFR 261.7

Management of Empty Containers

When a container meets the EPA definition of “empty,” the material inside the container is no longer subject to 40 CFR 261–265, 267, 268, and 270 (i.e., any residue remaining inside the container is no longer subject to the hazard-ous waste regulations). This rule for “empty” applies not only to containers that were pre-viously used to accumulate hazardous waste, but also to containers that previously held unused products and afterwards still contain a small amount of leftover, unused product.

Non-acute Hazardous Waste [40 CFR 261.7(b)(1)]

In general, a container holding non-acute hazardous waste is RCRA-, or EPA-, empty when all wastes have been removed that can be removed, using methods commonly employed to empty that type of container, AND:

All Containers

• No more than 1 inch of residue remains in the container; OR

Non-bulk Containers (119 Gallons or Less)

• No more than 3% by weight of the total capacity of the container remains in the container or inner liner; OR

Bulk Containers (Greater Than 119 Gallons)

• No more than 0.3% by weight of the total capacity of the container remains in the container or inner liner.



Notes:

Page 83

RCRA-empty Containers, continued

Acute Hazardous Waste [40 CFR 261.7(b)(3)]

If a container holds one of the listed haz-ardous wastes that the EPA deems acute haz-ardous (e.g., a P-listed chemical), it is RCRA-empty when the container is triple rinsed. In order to “triple rinse” a container, the container must be flushed three times, each time using a volume of diluent equal to at least 10% of the volume of the container being rinsed. [43 FR 58955, December 18, 1978]

Compressed Gas [40 CFR 261.7(b)(2)]

Non-acute Compressed Gases

A container that has held a hazardous waste that is a compressed gas is empty when the pressure in the container approaches atmospheric.

Acute Hazardous Compressed Gases

The EPA requires that a container previ-ously containing an “acute hazardous” prod-uct be triple rinsed, to render it “empty” by regulatory definition. Since it is not practica-ble to triple rinse aerosol cans, any can previ-ously containing an acute hazardous product (e.g., a P-listed chemical) should be assumed to remain a hazardous waste and be disposed of accordingly.

DOT Definition of “Empty” [49 CFR 173.29]

A package (container) is not subject to any of the hazardous materials regulations if it meets the DOT’s definition of “empty.”

In general, a package is DOT-empty if:

• The package has been cleaned of residue and purged of vapor such that it no lon-ger poses a DOT hazard; and

• Hazardous materials communications have been removed, obliterated, or se-curely covered in transportation; and

• Any remaining residue is neither an EPA hazardous waste nor a marine pollutant; and

• No CERCLA hazardous substance re-mains in excess of its reportable quanti-ty (RQ) in the package.



Notes:

Page 84

RCRA-empty Containers, continued

Shipping “Empty” Containers

If a container meets the EPA definition of “empty,” but NOT the DOT definition of “empty,” it must, with limited exceptions, be shipped as a fully regulated DOT package (i.e., DOT labels, marking, shipping papers, etc.). However, since it is not regulated as a hazard-ous waste for EPA purposes, it does not need to be shipped using a hazardous waste manifest.

A container that meets the DOT definition of “empty” is no longer regulated as a hazard-ous material for shipping purposes.



Notes:

Page 85

INDEPENDENT REQUIREMENTS AND CONDITIONS FOR EXEMPTION


Condition for exemption: means any require-ment in §§262.14, 262.15, 262.16, 262.17, 262.70, or Subpart K or Subpart L of this part that states an event, action, or stan-dard that must occur or be met in order to obtain an exemption from any applicable requirement in Parts 124, 264 through 268, and 270 of this chapter, or from any requirement for notification under section 3010 of RCRA.

Independent requirements: means a require-ment of Part 262 that states an event, action, or standard that must occur or be met; and that applies without relation to, or irrespective of, the purpose of obtain-ing a conditional exemption from storage facility permit, interim status, and operat-ing requirements under §§262.14, 262.15, 262.16, 262.17, or Subpart K or Subpart L of this part.

Independent Requirements vs. Conditions for Exemption

Under the hazardous waste regulations, there are two types of generator requirements:

1. Independent requirements that any generator generating hazardous waste must meet regardless of whether or

not the generator actually accumulates hazardous waste on site (e.g., hazardous waste determination, generator category determination, and requirements to use a hazardous waste manifest).

2. Conditions for exemption that a generator who accumulates waste on site must meet only if they want the benefits of an ex-emption from RCRA storage facility per-mitting (or interim status) requirements. In other words, conditions for exemption are the requirements that a generator must meet in order to store hazardous waste on site without a hazardous waste permit (e.g., marking drums of hazardous waste with an accumulation start date, training hazardous waste personnel, and inspecting hazardous waste storage tanks daily).

The specific independent requirements that apply to a particular generator are deter-mined by the generator category (VSQG, SQG, LQG).

The specific conditions for exemption that a particular generator must follow depend on the management option that the genera-tor uses to accumulate hazardous waste on site (e.g., satellite accumulation exemption or small quantity generator exemption).



Notes:

Page 86

Independent Requirements and Conditions for Exemption, continued

Independent Requirements for Generators

Very Small Quantity Generators [40 CFR 262.10(a)(1)(i)]

Very small quantity generators must meet the following independent requirements:

• 40 CFR 262.11(a) through (d): Hazardous waste determination and recordkeeping

• 40 CFR 262.13: Generator category de-termination

Small and Large Quantity Generators [40 CFR 262.10(a)(1)(ii) and (iii)]

Small and large quantity generators must meet the following independent requirements:

• 40 CFR 262.11: Hazardous waste determi-nation and recordkeeping

• 40 CFR 262.13: Generator category de-termination

• 40 CFR 262.18: EPA identification num-bers and re-notification

• 40 CFR 262, Subpart B: Manifest require-ments applicable to small and large quan-tity generators

• 40 CFR 262, Subpart C: Pre-transport re-quirements applicable to small and large quantity generators

• 40 CFR 262, Subpart D: Recordkeeping and reporting applicable to small and large quantity generators

• 40 CFR 262, Subpart H: Transboundary movements of hazardous waste for recov-ery or disposal

Conditions for Exemption for Generators

A generator who accumulates hazard-ous waste on site is subject to the applica-ble requirements of 40 CFR 124, 264 through 267, and 270 and RCRA §3010 (for permitted facilities), unless the generator is one of the following:

• A very small quantity generator who meets the conditions for exemption at 40 CFR 262.14

• A small quantity generator who meets the conditions for exemption at 40 CFR 262.15 and 262.16

• A large quantity generator who meets the conditions for exemption at 40 CFR 262.15 and 262.17



Notes:

Page 87

NOTIFICATIONS AND ID NUMBERS

Section 3010 of Subtitle C of the Resource Conservation and Recovery Act requires any person who generates, transports, or recycles regulated wastes or who owns or operates a facility for the treatment, storage, or disposal of regulated wastes to notify the EPA of these activities, including the location and general description of the activities, as well as the reg-ulated wastes that are handled.

This notification must be made by filling out a standard Site Identification Form (EPA Form 8700-12), and submitting the completed form to the authorized State agency (or the EPA regional office if there is no authorized State agency). Once the Site Identification Form has been submitted, the State agency or regional office will assign the person an EPA identifica-tion number.

NOTE: In some states, facilities may apply for and obtain their identification numbers electronically by using the US EPA’s online application system “myRCRAid.” Users must register for “myRCRAid” through “RCRAInfo,” a national database of hazardous waste generators; treatment, storage, and disposal facilities; transporters; and related activities.

Persons Requiring EPA Identification Numbers [40 CFR 262.18, 263.11, 264.11, and 265.11]

EPA ID numbers are required for:

• All TSDFs.

• All transporters.

• All generators, EXCEPT:

– Very small quantity generators (as de-fined at 40 CFR 260.10).

– Small quantity handlers of universal waste (as defined at 40 CFR 273.9).

EPA Identification Numbers and Used Oil Handlers

Used oil generators who generate, accu-mulate, self-transport, or burn used oil under the requirements of 40 CFR 279, Subpart C are NOT required to obtain an EPA identifica-tion number.

Used oil transporters, processors and re-refiners, burners of off-specification oil for energy recovery, and marketers operating under the requirements of 40 CFR 279, Sub-part E through H, however, are all required to obtain EPA identification numbers.

The Site Identification Form – EPA Form 8700-12

The Site Identification Form includes information such as:

• The facility’s name and address.

• A description of the site.



Notes:

Page 88

Notifications and ID Numbers, continued

• The site’s North American Industry Clas-sification System (NAICS) code(s).

• Contact information.

• A description of hazardous waste ac-tivities conducted at the site (generate hazardous waste, transport hazardous wastes, recycle hazardous waste, etc.).

Format of US EPA Identification Numbers

An EPA ID number is a tracking mech-anism and is issued to an individual by site. Identification numbers are 12 characters long. The first two characters are the two-letter abbreviation of the state in which the person is located. The next digit is an interim letter that varies based on things such as the state where the facility is located, type of RCRA person the ID is being assigned to, and whether or not the ID number is a temporary number. The remaining nine characters are a unique number assigned to the individual facility.

So, for instance, a facility located in New Jersey might have the ID number:

NJD123456789

Re-notification Requirements

Updating Notifications [Notification of RCRA Subtitle C Activity, Instructions and Form, EPA Form 8700-12]

A person is not restricted to managing only those wastes listed on the original noti-fication. However, if the activities at a facility

change, a new notification may be required. In general, a “Subsequent Notification” must be submitted if:

• The contact for a site changes.

• The ownership of the site changes.

• An additional owner is added or replaced since the last notification was submitted.

• The type of hazardous waste activity being conducted changes.

• The facility previously submitted site identification information and is an eli-gible academic entity that is opting into or withdrawing from 40 CFR Part 262, Subpart K for managing laboratory haz-ardous wastes.

Periodic Re-notifications

Large quantity generators are required to re-notify EPA regarding their status by March 1 of even-numbered years using EPA Form 8700-12. Large quantity generators may submit this re-notification as part of their Biennial Report required under 40 CFR 262.41. [40 CFR 262.18(d)(2)]

Beginning in 2021, small quantity genera-tors will be required to re-notify EPA regard-ing their status using EPA Form 8700-12. This re-notification will be required every four years afterwards and must be submitted by September 1 of the re-notification year (i.e., 2025, 2029, etc.). [40 CFR 262.18(d)(1)]



Notes:

Page 89

GENERATOR BIENNIAL REPORTING

Biennial Reports [40 CFR 262.41]

Biennial reports are required for anyone who meets the definition of a large quantity generator. For the purposes of biennial report-ing, a large quantity generator is a site that in ANY single calendar month:

1. Generated 1,000 kg (2,200 lbs.) or more of non-acute hazardous waste.

2. Generated or accumulated at any time more than 1 kg (2.2 lbs.) of acute hazard-ous waste.

3. Generated or accumulated at any time more than 100 kg (220 lbs.) of spill clean-up material contaminated with acute hazardous waste [Biennial Report Instruc-tions].

Biennial reports must be postmarked by March 1 of even-numbered years and cover the hazardous waste activities for EVERY month of the previous year (i.e., including months where the generator was not a large quantity generator).

OMB# 2050-0024; Expires BEFORE COPYING FORM, ATTACH SITE IDENTIFICATION LABEL OR ENTER:

SITE NAME:

EPA ID Number

U.S. ENVIRONMENTAL PROTECTION AGENCY

2011 Hazardous Waste Report

WASTE GENERATION AND MANAGEMENT

GM FORM

Sec. 1 A. Waste description:

B. EPA hazardous waste code(s)

C. State hazardous waste code(s)

D. Source code

G

Management Method code for Source code G25

H

E. Form code

W

F. Quantity generated in 2011

.

UOM

Density . lbs/gal sg

G. Waste minimization code

Sec. 2 Was any of this waste that was generated at this facility treated, disposed, and/or recycled on site?

Yes (CONTINUE TO ON-SITE PROCESS SYSTEM 1) No (SKIP TO SEC. 3)

ON-SITE PROCESS SYSTEM 1 ON-SITE PROCESS SYSTEM 2 On-site Management Quantity treated, disposed, or Method code recycled on site in 2011

H .

On-site Management Quantity treated, disposed, or Method code recycled on site in 2011

H .

Sec. 3 A. Was any of this waste shipped off site in 2011 for treatment, disposal, or recycling? Yes (CONTINUE TO ITEM B) No (FORM IS COMPLETE)

Site 1 B. EPA ID No. of facility to which waste was shipped

C. Off-site Management Method code shipped to

H

D. Total quantity shipped in 2011

.



H


.



H


.

Comments:

Page __ of ___

12/31/2014



Notes:

Page 90

GENERATORS’ ACCUMULATION OPTIONS

A generator has several options to choose from for on-site accumulation (storage) of haz-ardous waste without a permit. The actual options that a generator may use, however, depend on the generator’s category, the type of waste being accumulated, and the location where the waste will be accumulated.

The Very Small Quantity Generator Exemption [40 CFR 262.14]

Very small quantity generators may choose to follow the exemption from permit-ting at 40 CFR 262.14. Under these require-ments, VSQGs may accumulate their hazard-ous wastes on site “indefinitely” and without following any specific on-site storage stan-dards, provided that they meet the indepen-dent requirements for VSQGs, remain below certain accumulation limits, and ensure that their hazardous waste is delivered to an appro-priate off-site location.

The Satellite Accumulation Exemption [40 CFR 262.15]

Both small and large quantity generators are allowed to follow the satellite accumula-tion rules. When following the satellite rules, generators are able to accumulate their haz-ardous wastes on site “indefinitely,” following

“relaxed” on-site storage standards for haz-ardous wastes, provided that they:

• Accumulate hazardous waste at or near its original point of generation.

• Follow a few on-site storage standards.

• Do not exceed 55 gallons of non-acute hazardous waste (or 1 quart or 1 kilogram of acute hazardous waste).

The Small Quantity Generator Exemption [40 CFR 262.16]

Small quantity generators may choose to follow the exemption from permitting at 40 CFR 262.16. Under these requirements, generators may accumulate their hazardous wastes on site for up to 180 days (or 270 days if shipping the waste to a TSDF located 200 miles or more away) in a central accumulation area, provided that they:

• Accumulate a maximum of 6,000 kg of hazardous waste on site at any one time.

• Follow several on-site storage standards.

• Ensure that their hazardous wastes are treated to meet the land disposal restric-tion (LDR) requirements at 40 CFR 268.



Notes:

Page 91

Generators’ Accumulation Options, continued

The Large Quantity Generator Exemption [40 CFR 262.17]

Large quantity generators may choose to follow the exemption from permitting at 40 CFR 262.17. Under these requirements, gen-erators may accumulate an unlimited amount of hazardous wastes on site for up to 90 days in a central accumulation area, provided that they:

• Follow several on-site storage standards.

• Ensure that their hazardous wastes are treated to meet the land disposal restric-tion (LDR) requirements at 40 CFR 268.

The Universal Waste Rules [40 CFR 273]

All generators are allowed to follow the universal waste rules, however, the regulations actually use the term “handlers” rather than “generators” when talking about the require-ments for managing universal wastes. When following the universal waste rules, handlers:

• May manage only certain kinds of haz-ardous wastes (e.g., batteries and lamps).

• May accumulate universal wastes for ≤ 1 year.

• Must comply with 40 CFR 273 require-ments INSTEAD of 40 CFR 260–272 requirements.

The Used Oil Rules [40 CFR 279]

All generators are allowed to follow the used oil rules. The used oil rules apply to those materials that meet the definition of used oil, even if the used oil exhibits a characteristic of hazardous waste at the point of generation. In some cases, it is possible to follow the used oil rules even if the used oil has been mixed with hazardous waste. Under these require-ments, generators may accumulate an unlim-ited amount of used oil on site for an unlimited period of time in containers or tanks, provided that they:

• Follow a few on-site storage standards.

• Ensure that their used oil is either re-cycled or, if it meets the definition of a hazardous waste, properly treated and disposed of.

The Spent Lead-Acid Battery Rules [40 CFR 266, Subpart G]

All generators are allowed to follow the spent lead-acid battery rules. Under these requirements, generators can receive varying amounts of relief from the majority of haz-ardous waste regulations (including on-site management requirements and LDR require-ments), depending on how the batteries are recycled.



Notes:

Page 92

THE VERY SMALL QUANTITY GENERATOR (VSQG) EXEMPTION40 CFR 262.14

Very small quantity generators may accu-mulate hazardous waste on site in central accumulation areas, without complying with 40 CFR 124, 264 through 267, and 270, provided they comply with the requirements found at 40 CFR 262.14 AND the independent require-ments for VSQGs identified at 40 CFR 262.10.

Definition [40 CFR 260.10]



(2) 1 kilogram (2.2 lbs.) of acute hazard-ous waste listed in §261.31 or §261.33(e) of this chapter; and

(3) 100 kilograms (220 lbs.) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in §261.31 or §261.33(e) of this chapter.

Requirements for VSQGs [40 CFR 262.10(a)(1) and 262.14(a)]

To be eligible for relief from the majority of the hazardous waste regulations, VSQGs must:

• Identify their hazardous waste (per 40 CFR 262.11).

• Determine their generator category (per 40 CFR 262.13).

• Remain below certain quantity limits for accumulation.

• Ensure that their waste is delivered to an “appropriate” facility.

Provided these conditions are met, VSQGS are NOT required to:

• Meet the on-site storage standards at 40 CFR 262.15–262.17.

• Use a hazardous waste manifest to ship their waste.

• Treat their wastes to meet land disposal restrictions.

• Use only permitted hazardous waste TSDFs.



Notes:

Page 93

The Very Small Quantity Generator (VSQG) Exemption, continued

Accumulation Quantity Limits [40 CFR 262.14(a)(3) and (a)(4)]

In order for a VSQG to be eligible to manage hazardous wastes under the very small quantity generator exemption, the total amount of hazardous wastes accumulated on site at any one time may NEVER:

• Equal or exceed 1,000 kg (2,200 lbs.) of non-acute hazardous waste,

• Exceed 1 kg (2.2 lbs.) of acute hazardous waste, or

• Exceed 100 kg (220 lbs.) of residue or contaminated soil, water, or other debris resulting from the cleanup of a spill of an acute hazardous waste.

Exceeding the Quantity Limits for Acute Hazardous Wastes

If a VSQG exceeds the accumulation limits for acute hazardous waste or the limits for cleanups of acute hazardous wastes, the VSQG must:

• Hold all quantities of that waste on site for no more than 90 days, beginning on the date when the accumulated wastes exceeded the limits, and

• Meet the conditions for exemption at 40 CFR 262.17(a) through (g) for all quan-tities of that waste (i.e., the large quantity generator exemption).

Exceeding the Quantity Limits for Non-acute Hazardous Wastes

If a VSQG exceeds the accumulation limit for non-acute hazardous waste, the VSQG must:

• Hold all quantities of that waste on site for no more than 180 days (or 270 days, if applicable), beginning on the date when the accumulated wastes exceeded the limits, and

• Meet the conditions for exemption at 40 CFR 262.16(b)(2) through (f) for all quantities of that waste (i.e., the small quantity generator exemption).

In addition, no more than 6,000 kg of haz-ardous waste may be accumulated on site at any time.

Treatment and Disposal of Very Small Quantity Generator Wastes [40 CFR 262.14(a)(5)]

A very small quantity generator must either treat or dispose of its hazardous waste in an on-site facility or ensure that its waste is delivered to an off-site treatment, storage, or disposal facility, either of which, if located in the United States, is:

• Permitted under 40 CFR 270.

• In interim status under 40 CFR 265 and 270.

• Authorized to manage hazardous waste by a state with a hazardous waste man-agement program approved under Part 271.



Notes:

Page 94

The Very Small Quantity Generator (VSQG) Exemption, continued

• Permitted, licensed, or registered by a state to manage municipal solid waste.

• Permitted, licensed, or registered by a state to manage non-municipal non-hazardous waste.

• A recycling facility.

• A universal waste handler or destina-tion facility (if the wastes are univer-sal wastes).

• A large quantity generator under the con-trol of the same person as the very small quantity generator.

• A reverse distributor (for certain hazard-ous waste pharmaceuticals).

• A healthcare facility (for certain hazard-ous waste pharmaceuticals).

• An airbag waste collection facility (for airbag wastes).

Managing Very Small Quantity Generator Hazardous Waste at Large Quantity Generator Sites [40 CFR 262.14(a)(5)(viii)]

A very small quantity generator may send its waste to a large quantity generator, pro-vided all of the following conditions are met:

• The VSQG and LQG must be under the “control” of the same person.

NOTE: For the purposes of these rules, “con-trol” means the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate generator facili-

ties on behalf of a different person shall not be deemed to “control” such generators.

• The VSQG must mark each con-tainer with:

– The words “Hazardous Waste.”

– An indication of the hazards of the contents (e.g., the applicable hazard-ous waste characteristic(s), labels or placards consistent with DOT hazard-ous materials regulations (49 CFR 172, Subparts E or F), hazard statements or pictograms consistent with OSHA hazard communication regulations (29 CFR 1910.1200), etc.).

In addition, the waste must meet specific management requirements once it arrives at the large quantity generator site. These require-ments are identified later in this section.

Episodic Events [40 CFR 262.14(c)]

A very small quantity generator experi-encing an episodic event may accumulate that hazardous waste in accordance with 40 CFR 262, Subpart L, rather than the requirements for the small quantity generator exemption at 40 CFR 262.16 or the large quantity generator exemption at 40 CFR 262.17.



Notes:

Page 95

THE SATELLITE ACCUMULATION EXEMPTION40 CFR 262.15

Both small and large quantity generators may accumulate hazardous waste on site in satellite accumulation areas, without comply-ing with 40 CFR 124, 264 through 267, and 270, provided that they comply with the require-ments at 40 CFR 262.15.

The satellite accumulation rules may be followed:

• Prior to following the small or large quan-tity generator exemptions.

• In lieu of following the small or large quantity generator exemptions.

Applicability of the Satellite Rules [40 CFR 262.15(a)]

The satellite rules allow generators to accumulate up to 55 gallons of non-acute haz-ardous waste and/or either 1 quart of liquid acute hazardous waste or 1 kilogram of solid acute hazardous waste:

• In containers.

• At or near any point of generation.

• Where the waste initially accumulates.

• Under the control of the operator of the process generating the waste.

NOTE: The 55-gallon/1-quart/1-kilogram threshold applies to the point of generation and not to each separate waste stream from that point of generation.

Container Management BEFORE Exceeding Quantity Thresholds [40 CFR 262.15(a)(1)–(4)]

Containers used to accumulate hazard-ous wastes under the satellite accumulation area rules must meet all of the following requirements:

• Containers must be in good condition.

– If the container begins to leak, the gen-erator must immediately transfer the hazardous waste from the container to one that is in good condition and does not leak or immediately transfer and manage the waste in a central accu-mulation area operated in compliance with 40 CFR 262.16(b) or 262.17(a) (i.e., the small or large quantity generator exemptions).

• Containers must be kept closed EXCEPT:

– When adding, removing, or consolidat-ing waste; or

– When temporary venting is necessary for the proper operation of equipment, or to prevent dangerous situations, such as build-up of extreme pressure.

• Containers must be compatible with the waste.

• Containers holding hazardous wastes that are incompatible with any wastes or other materials accumulated nearby in other containers must be separated from the other materials or protected from them by any practical means.



Notes:

Page 96

The Satellite Accumulation Exemption, continued

• Incompatible wastes, or incompatible wastes and materials, must not be placed in the same container, unless 40 CFR 265.17(b) is complied with.

NOTE: Movement or consolidation of hazard-ous waste within one satellite accumulation area is permissible; however, moving waste between satellite areas is not allowed.

Special Requirements for Incompatible Wastes [40 CFR 265.17(b)]

Containers that are used to accumulate incompatible wastes are subject to the require-ments at 40 CFR 265.17(b). These rules require that the mixture or commingling of incompati-ble wastes, or incompatible wastes and materi-als, be conducted so that it does not:

• Generate extreme heat or pressure, fire or explosion, or violent reaction.

• Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health.

• Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions.

• Damage the structural integrity of the device or facility containing the waste.

• Through other like means threaten hu-man health or the environment.

Marking Requirements BEFORE Exceeding Quantity Thresholds [40 CFR 262.15(a)(5)]

Containers used to accumulate hazardous waste under the satellite option must initially be marked with:

• The words “Hazardous Waste,” and

• An indication of the hazards of the wastes.

Requirements for Indicating Hazards

The hazardous waste regulations do not specify a particular method for identifying the hazards of a hazardous waste on its accumu-lation container. Options for marking hazards include:



Notes:

Page 97


• The applicable hazardous waste charac-teristics (i.e., ignitable, corrosive, etc.).

• US DOT labels or placards.

• OSHA Hazard Communication picto-grams or hazard statements (i.e., GHS pictograms or hazard statements).

• National Fire Protection Association (NFPA) hazard labels.

• Hazardous Materials Identification Sys-tem (HMIS) hazard labels.

Container Management AFTER Exceeding Quantity Thresholds [40 CFR 262.15(a)(6)]

Under the Federal regulations, there is no time limit imposed for accumulat-ing up to 55 gallons of hazardous waste or 1 quart/1 kilogram of acute hazardous waste under this option.

Upon exceeding any of the specified quan-tity thresholds, the generator must:

• Mark the container holding the excess waste with the date the quantity thresh-old was exceeded.

• Comply with the small quantity/large quantity generator exemptions or ship the waste off site within three consecutive calendar days of the date the quantity threshold was exceeded.

During the three days, generators must continue to comply with 40 CFR 262.15(a)(1) through (5) (i.e., the requirements for man-aging containers prior to exceeding quantity thresholds).

NOTE: Under Federal rules, there is no actual limit on the amount of hazardous waste that can be accumulated in a satellite accumulation area during the three-day “grace period” after the 55-gallon/1-quart/1-kilogram threshold has been exceeded, so generators may continue to generate and accumulate as much hazard-ous waste as they like under the satellite rules during this period, as long as by the end of the three-day time limit, they are back below the 55-gallon/1-quart/1-kilogram threshold in the area. States, however, may impose differ-ent limits and may not allow any more waste to be accumulated in the area until the previ-ous waste has been moved to a central accu-mulation area or moved to another location in preparation of being shipped off site.

Preparedness, Prevention, and Emergency Procedures [40 CFR 262.15(a)(7) and (8)]

Satellite accumulation areas must meet the same preparedness, prevention, and emer-gency procedure requirements that apply to central accumulation areas, as determined by the site’s generator category:

• Satellite areas located at small quantity generator sites must meet the require-ments identified at 40 CFR 262.16(b)(8) and (b)(9).

• Satellite areas located at large quantity generator sites must meet the require-ments in 40 CFR 262, Subpart M.



Notes:

Page 98


Training Requirements

There are no explicit requirements under the satellite accumulation exemption for employers to train employees who are man-aging hazardous wastes in a satellite accumu-lation area. Generators need only assure that each person accumulating waste under this option knows his or her responsibilities suffi-ciently to avoid noncompliance with the reg-ulations. Personnel working in satellite areas should be familiar enough with their processes and the wastes they generate to know when they have generated a hazardous waste that is subject to RCRA regulations.

If a person accumulating hazardous waste in a satellite area could also affect compliance under the small quantity or large quantity gen-erator exemptions (e.g., by moving hazardous waste into the central accumulation area), then they are subject to those requirements and will need training under those rules.



Notes:

Page 99

THE SMALL QUANTITY GENERATOR EXEMPTION40 CFR 262.16

Small quantity generators may accumu-late hazardous waste on site in central accu-mulation areas, without complying with 40 CFR 124, 264 through 267, and 270, pro-vided that they comply with the requirements at 40 CFR 262.16.

Definition [40 CFR 260.10]




(3) Less than or equal to 100 kilograms (220 lbs.) of any residue or contaminat-ed soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in §261.31 or §261.33(e) of this chapter.

Accumulation Time Limits [40 CFR 262.16(b)]

Small quantity generators may accumu-late hazardous wastes on site for no more than 180 days, unless specific conditions are met.

Accumulating Hazardous Waste for 270 Days [40 CFR 262.16(c)]

Small quantity generators sending their hazardous waste to a TSDF located 200 or more miles away may accumulate their hazardous waste for up to 270 days, provided that they otherwise comply with the requirements for managing hazardous wastes under the small quantity generator exemption.

NOTE: The EPA allows generators to send their hazardous waste to a TSD facility of their choice that is ≥ 200 miles away even though there may be another TSD facility closer than 200 miles away. [RO13000 RCRA/Superfund Hotline Monthly Summary August 1987, and preamble discussion in 51 FR 10161, March 24, 1986]

Accumulation Time Limit Extension [40 CFR 262.16(d)]

A small quantity generator who accumu-lates hazardous waste on site for more than 180 days (or more than 270 days when ship-ping its wastes 200 or more miles) is subject to the requirements of 40 CFR 264, 265, 267, 268, and 270, UNLESS the generator has been granted a 30-day extension. Such an exten-sion may be granted by the EPA if hazard-ous wastes must remain on site for longer than 180 days (or 270 days if applicable) due to unforeseen, temporary, and uncontrollable circumstances. The extension is granted at the discretion of the Regional Administrator on a case-by-case basis.



Notes:

Page 100

The Small Quantity Generator Exemption, continued

Accumulation Quantity Limit [40 CFR 262.16(b)(1)]

Small quantity generators may accumu-late no more than 6,000 kg of hazardous waste on site at any time. The 6,000 kg quantity limit includes wastes accumulated on site in BOTH central and satellite accumulation areas.

NOTE: If the generator chooses to take the time extension beyond the 180 days, the 6,000 kg accumulation limit for on-site storage does NOT change.

Accumulation Devices [40 CFR 262.16(b)(2) through (b)(5)]

Hazardous wastes must be accumulated in one of the following devices:

• Containers

• Tanks

• Drip pads

• Containment buildings

NOTE: Hazardous wastes accumulated in drip pads and containment buildings may only be held for a maximum of 90 days in these devices before they must be removed. At this point, wastes held in containment buildings must be shipped off site. Wastes held in drip pads, however, may be held in containers or tanks for an additional 180 days after they are removed from drip pads under the require-ments at 40 CFR 262.16 (or in containers under the satellite accumulation exemption at 40 CFR 262.15).

Marking Requirements

Containers [40 CFR 262.16(b)(6)(i)]

Containers used to accumulate hazardous wastes must be marked with:

• The words “Hazardous Waste.”


• The accumulation start date (i.e., the date the waste in the container first became subject to the rules at 40 CFR 262.16).

For example, if wastes were previously accumulated in a satellite accumulation area, the start date would be the date that the con-tainer was moved into the central accumula-tion area. Otherwise, the start date would be the first date that hazardous wastes began to be accumulated in the container.



Notes:

Page 101


Tanks [40 CFR 262.16(b)(6)(ii)]

Tanks must be marked with:



There is no requirement to mark an accu-mulation start date on tanks. However, the generator must use inventory logs, monitor-ing equipment, or other records to demon-strate that:

• Hazardous waste has been emptied within 180 days of first entering the tank if using a batch process.

• Estimated volumes of hazardous waste entering the tank daily exit the tank within 180 days of first entering the tank if using a continuous flow process.

Drip Pads [40 CFR 262.16(b)(4)]

There are no specific requirements for marking drip pads with any particular words or an accumulation start date. However, gen-erators must keep the following records:

• A written description of procedures that are followed to ensure that all wastes are removed from the drip pad and associated collection system at least once every 90 days.

• Documentation of each waste removal, including the quantity of waste re-moved from the drip pad and the sump or collection system and the date and time of removal.

Containment Buildings [40 CFR 262.16(b)(5)]

Containment buildings must be marked with:



There is no requirement to mark an accu-mulation start date on containment buildings. However, small quantity generators must either have:

• A written description of the procedures used to ensure that each waste volume remains in the unit for no more than 90 days, a written description of the waste generation and management practices for the facility showing that the genera-tor observes the 90 day limit, and docu-mentation that the procedures are com-plied with; or

• Documentation that the unit is emptied at least once every 90 days.

Requirements for Indicating Hazards on Containers, Tanks, and Containment Buildings

The hazardous waste regulations do not specify a particular method for identifying the hazards of a hazardous waste on its accumu-lation device. Options for marking hazards include:




Notes:

Page 102






Management of Containers [40 CFR 262.16(b)(2)]

In order to accumulate hazardous wastes in containers in a central accumulation area, small quantity generators must meet several requirements:


– If a leak occurs, generators must im-mediately transfer hazardous waste to a container that is in good condition or immediately manage the waste in some other way that complies with the con-ditions for the small quantity generator exemption.

• Containers must be kept closed except when necessary to add or remove waste.


• Containers must not be opened, handled, or accumulated in a manner that may rupture the container or cause it to leak.

• Central accumulation areas must be in-spected at least weekly.

• Containers accumulating hazardous wastes that are incompatible with any wastes or other materials accumulated or stored nearby in other containers, piles, open tanks, or surface impoundments must be separated from the other materi-als or protected from them by means of a dike, berm, wall, or other device.

• Incompatible wastes, or incompatible wastes and materials, must not be placed in the same container, unless 40 CFR 265.17(b) is complied with.

• Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material, unless 40 CFR 265.17(b) is complied with.

Management of Tanks [40 CFR 262.16(b)(3)]

In order to accumulate hazardous wastes in tanks in a central accumulation area, small quantity generators must meet several requirements:

• Hazardous wastes or treatment reagents must not be placed in a tank if they could cause the tank or its inner liner to rupture, leak, corrode, or otherwise fail before the end of its intended life.

• Uncovered tanks must be operated to maintain at least two feet of freeboard (unless equipped with a containment structure, drainage control system, or diversion structure).

• Continuously fed tanks must be equipped with a means to stop the inflow (e.g., a feed cutoff system).



Notes:

Page 103


• Generators must inspect the follow-ing DAILY:

– Waste levels.

– Discharge control equipment.

– Data gathered from monitoring equip-ment.

NOTE: If hazardous wastes are accumulated in tanks or tank systems that have full secondary containment and specific conditions are met, these inspections can be conducted weekly instead of daily.

• Generators must inspect the construction materials of the tank, discharge confine-ment structures, and the surrounding area at least weekly.

• At closure of the facility, all hazardous wastes must be removed from tanks, dis-charge control equipment, and discharge confinement structures.

• Ignitable or reactive hazardous wastes must not be placed in a tank unless:

– The waste is treated, rendered, or mixed before or immediately after placement in a tank so that the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste; or

– The waste is accumulated or treated in such a way that it is protected from any material or conditions that may cause the waste to ignite or react; or

– The tank is used solely for emergencies.

• Generators who treat or accumulate ignitable or reactive waste in covered tanks must comply with the buffer zone requirements for tanks contained in

Tables 2–1 through 2–6 of the National Fire Protection Association’s “Flammable and Combustible Liquids Code” (1977 or 1981).

• The treatment or accumulation of ignit-able, reactive, and incompatible wastes hazardous waste must comply with 40 CFR 265.17(b).

NOTE: Federal hazardous waste regulations do not require secondary containment for tanks managed under the small quantity gen-erator exemption.

Special Requirements for Ignitable, Reactive, and Incompatible Wastes [40 CFR 265.17(b)]

Both containers and tanks that are used to accumulate ignitable, reactive, or incompati-ble wastes are subject to the requirements at 40 CFR 265.17(b). These rules require that the treatment, storage, or disposal of ignitable or reactive waste, and the mixture or commin-gling of incompatible wastes or incompatible wastes and materials, be conducted so that it does not:






Notes:

Page 104




Management of Drip Pads [40 CFR 262.16(b)(4)]

In order to accumulate hazardous wastes in drip pads, small quantity generators must:

• Remove all wastes from the drip pad at least once every 90 days.

• Maintain the following records on site and make them readily available for inspection:

– A written description of the procedures that are followed to ensure that all wastes are removed from the drip pad and associated collection system at least once every 90 days.

– Documentation of each waste removal, including the quantity of waste re-moved from the drip pad and the sump or collection system and the date and time of removal.

• Comply with 40 CFR 265, Subpart W (ex-cept 40 CFR 265.445(c)):

– Assess and certify existing drip pads.

– Properly design and install new drip pads.

– Operate to prevent damage and inci-dents.

– Inspect immediately after construction or installation and weekly during oper-ation and document inspections.

– Close drip pads properly at end of life.

Management of Containment Buildings [40 CFR 262.16(b)(5)]

In order to accumulate hazardous wastes in containment buildings, small quantity gen-erators must:

• Maintain a professional engineer certi-fication that the building complies with the design standards specified in 40 CFR 265.1101.

• Comply with 40 CFR 265, Subpart DD:

– Design and operate properly.

– Enclose completely.

– Meet certain strength and thickness requirements.

– Ensure compatibility with the waste.

– Have an appropriate “Primary Barrier” during operating life.

– Provide a primary barrier to prevent migration of liquid.

– Provide a collection system and practi-cable liquid waste removal.

– Provide secondary containment re-quired for liquids that meet design specifications.

– Maintain and manage to prevent waste from migrating outside the primary barrier.



Notes:

Page 105


– Repair, record, and notify any condition that could cause or lead to a leak.

– Inspect and record, in the facility’s op-erating record, every seven days.

– Close properly at end of life.

Training Requirements [40 CFR 262.16(b)(9)(iii)]

Under the small quantity generator exemption, the generator must:

“ensure that all employees are thoroughly familiar with proper waste handling and emer-gency procedures, relevant to their responsibili-ties during normal facility operations and emer-gencies.”

Basic Requirements

While the EPA does not use the term “per-sonnel,” as is used in the large quantity gener-ator training standard, the intent is to require anyone who can cause non-compliance with the regulations to be instructed properly.

Time Frame and Frequency

Although there is no explicit requirement for scheduling this training, it is recommended that anyone who can cause non-compliance with the small quantity generator exemption be trained before being placed in a position of managing hazardous waste.

Training should be reviewed by the gener-ator on a periodic basis. Update and refresher training should be provided whenever an employee’s performance shows a need for it and whenever regulatory or operational changes make it necessary.

Documentation and Retention

There is no explicit requirement to keep any kind of training records under the small quantity generator exemption. It would be a good management practice, however, to keep some type of record documenting that the required training has been done.

Episodic Events [40 CFR 262.16(f)]

A small quantity generator experienc-ing an episodic event may accumulate that hazardous waste in accordance with 40 CFR 262, Subpart L, rather than the requirements for the large quantity generator exemption at 40 CFR 262.17.

Additional Requirements Applicable to Generators Following the Small Quantity Generator Exemption [40 CFR 262.16(b)(7)–(b)(9)]

Under the small quantity generator exemption, generators must also comply with the following:

• Land disposal restrictions at 40 CFR 268

• Preparedness and prevention require-ments at 40 CFR 262.16(b)(8)

• Emergency procedure requirements at 40 CFR 262.16(b)(9)

• Manifest requirements at 40 CFR 262, Subpart B



Notes:

Page 106

THE LARGE QUANTITY GENERATOR EXEMPTION40 CFR 262.17

Large quantity generators may accu-mulate hazardous waste on site in central accumulation areas without complying with 40 CFR 124, 264 through 267, and 270, pro-vided that they comply with the requirements at 40 CFR 262.17.

Accumulation Time and Quantity Limits [40 CFR 262.17(a)]

Large quantity generators may accumu-late hazardous wastes on site for no more than 90 days, unless specific conditions are met.

There is no limit on the amount of hazard-ous waste that may be accumulated under the large quantity generator exemption, although local rules or other requirements may apply that limit quantities.

Accumulation Time Limit Extension [40 CFR 262.17(b)]

A large quantity generator who accumu-lates hazardous waste on site for more than 90 days is subject to the requirements of 40 CFR 264, 265, 267, 268, and 270, UNLESS the gener-ator has been granted a 30-day extension. Such an extension may be granted by the EPA if haz-ardous wastes must remain on site for longer than 90 days due to unforeseen, temporary, and uncontrollable circumstances. The exten-sion is granted at the discretion of the Regional Administrator on a case-by-case basis.

Accumulation Devices [40 CFR 262.17(a)(1)–(a)(4)]

Hazardous wastes must be accumulated in one of the following devices:

• Containers

• Tanks

• Drip pads

• Containment buildings

NOTE: Hazardous wastes held in drip pads may be held in containers or tanks for an addi-tional 90 days after they are removed from the drip pads under the requirements at 40 CFR 262.17 (or in containers under the satellite accumulation exemption at 40 CFR 262.15).

Marking Requirements

Containers [40 CFR 262.17(a)(5)(i)]

Containers used to accumulate hazardous wastes must be marked with:



• The accumulation start date.



Notes:

Page 107

The Large Quantity Generator Exemption, continued

If wastes were previously accumulated in a satellite accumulation area, the start date would be the date that the container was moved into the central accumulation area. Otherwise, the start date would be the first date that hazardous wastes began to be accu-mulated in the container.

Tanks [40 CFR 262.17(a)(5)(ii)]

Tanks must be marked with:



There is no requirement to mark an accu-mulation start date on tanks. However, the generator must use inventory logs, monitor-ing equipment, or other records to demon-strate that:

• Hazardous waste has been emptied within 90 days of first entering the tank if using a batch process.

• Estimated volumes of hazardous waste entering the tank daily exit the tank within 90 days of first entering if using a continuous flow process.

Drip Pads [40 CFR 262.17(a)(3)]

There are no specific requirements for marking drip pads with any particular words or an accumulation start date. However, gen-erators must keep the following records:

• A written description of procedures that are followed to ensure that all wastes are removed from the drip pad and associat-ed collection system at least once every 90 days.

• Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal.

Containment Buildings [40 CFR 262.17(a)(4)]

Containment buildings must be marked with:



There is no requirement to mark an accu-mulation start date on containment buildings. However, generators must either have:



Notes:

Page 108


• A written description of the procedures used to ensure that each waste volume remains in the unit for no more than 90 days, a written description of the waste generation and management practices for the facility showing that the genera-tor observes the 90 day limit, and docu-mentation that the procedures are com-plied with; or

• Documentation that the unit is emptied at least once every 90 days.

Requirements for Indicating Hazards on Containers, Tanks, and Containment Buildings

The hazardous waste regulations do not specify a particular method for identifying the hazards of a hazardous waste on its accumu-lation device. Options for marking hazards include:






Management of Containers [40 CFR 262.17(a)(1)]

In order to accumulate hazardous wastes in containers in a central accumulation area, large quantity generators must meet several requirements:


– If a leak occurs, generators must imme-diately transfer hazardous waste to a container that is in good condition, or immediately manage the waste in some other way that complies with the con-ditions for the large quantity generator exemption.

• Containers must be kept closed except when necessary to add or remove waste.


• Containers must not be opened, handled, or accumulated in a manner that may rupture the container or cause it to leak.

• Central accumulation areas must be in-spected at least weekly.

• Containers holding ignitable or reactive waste must be located at least 15 meters (50 feet) from the facility’s property line UNLESS written approval is obtained from the authority having jurisdiction (AHJ) over the local fire code allowing hazardous waste accumulation to occur within the restricted area.

• Precautions must be taken to prevent accidental ignition or reaction of ignitable or reactive waste.



Notes:

Page 109


• “No Smoking” signs must be conspicu-ously placed wherever there is a hazard from ignitable or reactive waste.

• Containers accumulating hazardous wastes that are incompatible with any wastes or other materials accumulated or stored nearby in other containers, piles, open tanks, or surface impoundments must be separated from the other materi-als or protected from them by means of a dike, berm, wall, or other device.

• Incompatible wastes, or incompatible wastes and materials, cannot be placed in the same container, unless 40 CFR 265.17(b) is complied with.

• Hazardous waste cannot be placed in an unwashed container that previously held an incompatible waste or material, unless 40 CFR 265.17(b) is complied with.

• Generators must comply with all applica-ble requirements of 40 CFR 265, Subparts AA, BB, and CC (the “organic air emis-sion standards”).

Air Emission Standards for Containers [40 CFR 265, Subpart CC]

Generators using the large quantity gener-ator exemption are required to control volatile organic compound (VOCs) air emissions from escaping from their containers. This require-ment applies to hazardous waste that has 500 ppmw VOC content in containers with a design capacity greater than 26.4 gallons.

Generally, generators may meet this requirement by ensuring that their hazardous waste containers remain closed, except when adding or removing hazardous waste (more stringent requirements may apply for contain-ers larger than 119 gallons).

Management of Tanks [40 CFR 262.17(a)(2) and 40 CFR 265, Subpart J]

Large quantity generators accumulating hazardous wastes in tanks are largely referred to the requirements of 40 CFR 265, Subpart J for the management of their tanks. Some of the TSDF requirements for generators using the large quantity generator exemption to accu-mulate wastes in tanks include the following:

• A written assessment, reviewed and certi-fied by a qualified Professional Engineer, that attests to the tank system’s integrity for all existing systems, must be kept on file at the facility. [40 CFR 265.191]

• Systems have been properly designed and installed. [40 CFR 265.192]

• A written assessment, reviewed and certi-fied by a qualified Professional Engineer, that attests that the system has sufficient structural integrity and is acceptable for the storing and treating of hazardous waste must be kept on file at the facility. [40 CFR 265.192]

• Secondary containment must be equipped with a release detection capable of detecting a release within 24 hours, or at the earliest practicable time. Examples of secondary containment may include a liner (external to the tank), vault, a double-walled tank, or an equivalent device as approved by the Regional Administrator. [40 CFR 265.193]

NOTE: Liners and vaults must be designed and operated to contain 100% of the capacity of the largest tank within their boundaries.



Notes:

Page 110


• Tanks need to be operated to prevent damage or incidents (e.g., hazardous wastes should not be placed in tanks if they could cause the tank to corrode, appropriate controls and practices to pre-vent spills and overflows must be used). [40 CFR 265.194]

• Data gathered from monitoring equip-ment must be inspected daily and inspection records must be kept. [40 CFR 265.195]

• The following components must be inspected daily (and inspection records must be kept), UNLESS leak detection equipment is used to alert facility per-sonnel to leaks or the generator has implemented and documented workplace practices to ensure leaks are promptly identified (in which case inspect weekly):

– Overfill/spill control equipment.

– Any above ground portions of the tank systems.

– The construction materials and the area immediately surrounding the externally accessible portion of the tank system. [40 CFR 265.195]

• Cathodic protection systems (if present) must be inspected within six months after initial installation, and annually thereafter.

– All sources of impressed current must be inspected and/or tested, as ap-propriate, at least bimonthly. [40 CFR 265.195]

• Generators must respond to and re-port leaks and spills from tanks and tank systems.

– Wastes must be removed from second-ary containment systems within 24 hours or in as timely a manner as pos-sible to prevent harm to human health and the environment. [40 CFR 265.196]

• Tanks and tank systems must be properly closed at end of life. [40 CFR 265.197]

• Ignitable or reactive hazardous wastes cannot be placed in a tank, unless:

– The waste is treated, rendered, or mixed before or immediately after placement in a tank so that the resulting waste or mixture no longer meets the definition of ignitable or reactive waste AND 40 CFR 265.17(b) is complied with, or

– The waste is accumulated or treated in such a way that it is protected from any material or conditions that may cause the waste to ignite or react, or

– The tank is used solely for emergencies. [40 CFR 265.198]

• Generators who treat or accumulate ignitable or reactive waste in covered tanks must comply with the buffer zone requirements for tanks contained in Tables 2–1 through 2–6 of the National Fire Protection Association’s “Flammable and Combustible Liquids Code” (1977 or 1981). [40 CFR 265.198]

• The treatment or accumulation of ignit-able, reactive, and incompatible wastes hazardous waste complies with 40 CFR 265.17(b).

• Generators comply with all applicable requirements of 40 CFR 265, Subparts AA, BB, and CC (the “organic air emission standards”).



Notes:

Page 111


Special Requirements for Ignitable, Reactive, and Incompatible Wastes [40 CFR 265.17(b)]

Both containers and tanks that are used to accumulate ignitable, reactive, or incompati-ble wastes are subject to the requirements at 40 CFR 265.17(b). These rules require that the treatment, storage, or disposal of ignitable or reactive waste, and the mixture or commin-gling of incompatible wastes, or incompatible wastes and materials be conducted so that it does not:






Management of Drip Pads [40 CFR 262.17(a)(3)]

In order to accumulate hazardous wastes in drip pads, large quantity generators must:

• Remove all wastes from the drip pad at least once every 90 days.

• Maintain the following records on site and make them readily available for inspection.

– A written description of the procedures that are followed to ensure that all wastes are removed from the drip pad and associated collection system at least once every 90 days.

– Documentation of each waste removal, including the quantity of waste re-moved from the drip pad and the sump or collection system and the date and time of removal.

• Comply with 40 CFR 265, Subpart W (ex-cept 40 CFR 265.455(c)).

– Assess and certify existing drip pads.

– Properly design and install new drip pads.

– Operate to prevent damage and inci-dents.

– Inspect immediately after construction or installation and certify inspection.

– Inspect weekly and after storms once drip pad is in operation and document inspections.


Management of Containment Buildings [40 CFR 262.17(a)(4)]

In order to accumulate hazardous wastes in containment buildings, large quantity gen-erators must:

• Maintain a professional engineer certi-fication that the building complies with



Notes:

Page 112


the design standards specified in 40 CFR 265.1101.

• Comply with 40 CFR 265, Subpart DD:

– Design and operate properly.

– Be completely enclosed.

– Meet certain strength and thickness requirements.

– Ensure compatibility with the waste.

– Have an appropriate “Primary Barrier” during operating life.

– Provide a primary barrier to prevent migration of liquid.

– Provide a collection system and practi-cable liquid waste removal.

– Provide secondary containment re-quired for liquids that meet design specifications.

– Maintain and manage to prevent waste from migrating outside the primary barrier.

– Repair, record, and notify any condition that could cause or lead to a leak.

– Inspect and record in the facility’s op-erating record at least once every seven days data gathered from monitoring and leak detection equipment as well as the containment building and the area immediately surrounding the contain-ment building.


Closure Requirements [40 CFR 262.17(a)(8)]

Under the large quantity generator exemp-tion, generators must meet several require-ments prior to closing a hazardous waste unit or the facility.

NOTE: These closure requirements do NOT apply to satellite accumulation areas located at large quantity generator sites. [40 CFR 262.17(a)(8)(v)]

Notifications for Closure of Hazardous Waste Unit [40 CFR 262.17(a)(8)(i)]

A large quantity generator who is clos-ing a hazardous waste accumulation unit must either:

• Place a notice in the operating record within 30 days after closure that iden-tifies the location of the unit within the facility, or

• Meet the closure performance standards of 40 CFR 262.17(a)(8)(iii) or (iv) for the unit and notify EPA.

NOTE: If the waste accumulation unit is reopened, the generator may remove the notice from the operating record.

Notifications for Closure of Facility [40 CFR 262.17(a)(8)(ii)]

A large quantity generator who is closing a facility must:



Notes:

Page 113


• Notify the EPA using Form 8700–12 no later than 30 days PRIOR to closing the facility.

• Notify the EPA using Form 8700–12 with-in 90 days AFTER closing the facility that it has complied with the required closure performance standards.

NOTE: If the facility cannot meet the closure performance standards, then it must notify the EPA using Form 8700–12 that it will close as a landfill.

Closure Standards [40 CFR 262.17(a)(8)(iii)]

At closure, the generator must close the waste accumulation unit or facility in a manner that:

• Minimizes the need for further main-tenance by controlling, minimizing, or eliminating the post-closure escape of hazardous waste, hazardous constituents, etc. to the environment.

• Removes or decontaminates all contami-nated equipment, structures, and soil and any remaining hazardous waste residues from waste accumulation units, con-taminated soils and subsoils, bases, and structures and equipment contaminated with waste.

• Manages any hazardous waste generated in the process of closing either the genera-tor’s facility or unit accumulating hazard-ous waste under all applicable standards.

If the generator demonstrates that any contaminated soils and wastes cannot be practicably removed or decontaminated as required, then the waste accumulation unit is

considered to be a landfill, and the generator must close the waste accumulation unit and perform post-closure care in accordance with the closure and post-closure care requirements that apply to landfills.

Training Requirements [40 CFR 262.17(a)(7)]

Under the large quantity generator exemp-tion, generators are required to train all of their “personnel.” The training must be directed by a person who is trained in hazardous waste management procedures.

The term “personnel” is defined at 40 CFR 260.10 and includes all persons who work at, or oversee the operations of, a hazardous waste facility, and whose actions or failure to act could cause non-compliance with the regu-lations. Personnel could include:

• Persons holding/moving containers in a central accumulation area.

• Operators of hazardous waste tank systems.

• Persons performing inspections of stor-age areas.

• Emergency responders/coordinators.

Training Content [40 CFR 262.17(a)(7)(i)(B) and (C)]

Personnel managing hazardous waste under the large quantity generator exemption requirements must be trained in:

• Job-specific waste management procedures.



Notes:

Page 114


• The following emergency response proce-dures, as applicable and relevant to each person’s job responsibilities:

– Use, inspection, and repair of emergen-cy and monitoring equipment.

– Automatic waste feed cut-off systems.

– Communications and alarm systems.

– Response to fires or explosions.

– Response to groundwater contamina-tion incidents.

– Shutdown of operations.

Training Timing and Frequency [40 CFR 262.17(a)(7)(ii) and (iii)]

The regulations require that hazardous waste personnel:

• Be trained within six months of becoming personnel.

– Personnel must be directly supervised until they receive their initial training.

• Receive an annual review of their initial training.

Training Documentation [40 CFR 262.17(a)(7)(iv)]

Employers must maintain training records containing the following information for their hazardous waste personnel:

• The job title of each position at the facility related to hazardous waste management.

• A written job description for each posi-tion listed above.

• The name of the employee filling each position.

• A written description of the type and amount of introductory and continuing training.

• Documentation that the required initial and recurrent training or job experience has been given to and completed by facili-ty personnel.

Training Record Retention [40 CFR 262.17(a)(7)(v)]

Training records for hazardous waste per-sonnel must be kept:

• Until closure of the facility for current employees.

• For three years from the date the employ-ee last worked at the facility for former employees.

Managing VSQG Hazardous Waste at LQG Sites [40 CFR 262.17(f)]

Large quantity generators are allowed to accumulate hazardous waste received from a very small quantity generator in central accu-mulation areas without a hazardous waste permit, provided that both facilities are under the control of the same person and they comply with the requirements at 40 CFR 262.17(f).

NOTE: For the purposes of these rules, “con-trol” means the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise, except



Notes:

Page 115


that contractors who operate generator facili-ties on behalf of a different person shall not be deemed to “control” such generators.

Notifications [40 CFR 262.17(f)(1)]

A large quantity generator who intends to accept hazardous waste from a very small quantity generator must:

• Notify the EPA at least 30 days PRIOR to receiving the first shipment using EPA Form 8700-12.

• Identify on the form:

– The name and site address for the very small quantity generator.

– The name and business telephone num-ber for a contact person for the very small quantity generator.

• Submit an updated Site ID form (EPA Form 8700-12) within 30 days after a change in the name or site address for the very small quantity generator.

Recordkeeping Requirements [40 CFR 262.17(f)(2)]

The large quantity generator must main-tain records of each shipment for three years from the date the hazardous waste was received from the very small quantity genera-tor. These records must:

• Identify the name, site address, and con-tact information for the very small quanti-ty generator.

• Include a description of the hazardous waste received, including the quantity

and the date the waste was received at the large quantity generator site.

NOTE: A hazardous waste manifest is not required for the shipment. However, some VSQG waste may still be subject to US DOT requirements, including the requirements for shipping papers.

Requirements for Managing the Waste [40 CFR 262.17(f)(3)]

A large quantity generator must manage hazardous wastes received from a VSQG under all applicable requirements of the large quan-tity generator exemption at 40 CFR 262.17.

For marking and labeling purposes, the accumulation start date for VSQG wastes managed at an LQG site would be the date the wastes arrived at the LQG site.

Additional Requirements Applicable to Generators Following the Large Quantity Generator Exemption [40 CFR 262.17(a)(6) and (a)(9)]

Under the large quantity generator exemp-tion, generators must also comply with the following:

• Land disposal restrictions at 40 CFR 268

• Preparedness, prevention, and emergency procedures for large quantity generators requirements at 40 CFR 262, Subpart M

• Manifest requirements at 40 CFR 262, Subpart B



Notes:

Page 116

EPISODIC GENERATION40 CFR 262, Subpart L

The rules for episodic generation allow a site to maintain its status as a very small quan-tity generator or small quantity generator if, as a result of an “episodic event,” whether planned or unplanned, the site generates additional quantities of hazardous waste that cause it to exceed its normal generator cate-gory limits. [40 CFR 262.14(c) and 262.16(f)] These episodic event wastes are subject to sep-arate management requirements from all other non-episodic wastes on site.

NOTE: Unless specific approval is received to manage a second event as an additional epi-sodic event, a generator may only use these rules to maintain its status as a VSQG or SQG for ONE episodic event per year.


Episodic event: means an activity or activities, either planned or unplanned, that does not normally occur during generator opera-tions, resulting in an increase in the gen-eration of hazardous wastes that exceeds the calendar month quantity limits for the generator’s usual category.

Planned episodic event: means an episodic event that the generator planned and pre-pared for, including regular maintenance, tank cleanouts, short-term projects, and removal of excess chemical inventory.

Unplanned episodic event: means an epi-sodic event that the generator did not plan or reasonably did not expect to occur, including production process upsets, product recalls, accidental spills, or “acts of nature,” such as tornado, hurricane, or flood.

Notifications [40 CFR 262.232(a)(2) and (b)(2)]

A generator wishing to manage wastes under the provisions for episodic generation must notify the EPA of the intent to do so. This notification must take place:

• At least 30 days prior to initiating a planned episodic event using EPA Form 8700-12, or

• Within 72 hours after an unplanned event by phone, e-mail, or fax, and subsequent-ly submit EPA Form 8700-12.

In this notification, the generator must include:

• The start date and end date of the epi-sodic event.

• The reason(s) for the event.

• The types and estimated quantities of hazardous waste expected to be generat-ed as a result of the episodic event.



Notes:

Page 117

Episodic Generation, continued

NOTE: A VSQG must also identify a facil-ity contact and emergency coordinator with 24-hour telephone access to discuss the noti-fication submittal or respond to an emer-gency in compliance with 40 CFR 262.16(b)(9)(i). In addition, if the VSQG does not already have an EPA identification number, it must obtain one using EPA Form 8700–12. [40 CFR 262.232(a)(3)]

Requirements for VSQGs Managing an Episodic Event [40 CFR 262.232(a)(4)]

In order to maintain its existing generator category as a VSQG for hazardous waste gen-erated during an episodic event, a generator must accumulate episodic wastes in contain-ers or tanks only and must manage wastes in a manner that minimizes the possibility of an accident or release. VSQGs are not allowed to treat episodic hazardous wastes on site.

Management of Containers

Containers used to accumulate episodic hazardous wastes must be:

• In good condition and compatible with the hazardous waste being accumulated.

• Kept closed except to add or re-move waste.

• Marked with:

– The words “Episodic Hazardous Waste.”

– An indication of the hazards of the waste.

– The date that the episodic event began.

Management of Tanks

Tanks used to accumulate episodic haz-ardous wastes must:

• Be in good condition and compatible with the hazardous waste being accumulated.

• Have procedures in place to prevent overflow.

• Be inspected at least once each operating day to ensure all applicable discharge control equipment is in good working order and that the tank is operated ac-cording to its design.

• Be marked with:



NOTE: Inventory logs, monitoring equipment, or other records must be used to identify the date when the episodic event began for wastes in tanks (logs or records must be kept on site and be readily available for inspection).

Requirements for SQGs Managing an Episodic Event [40 CFR 262.232(b)(4)]

In order to maintain its existing generator category as an SQG for hazardous waste gen-erated during an episodic event, a generator must accumulate episodic wastes in contain-ers or tanks only and must manage wastes in a manner that minimizes the possibility of an accident or release.



Notes:

Page 118


NOTE: SQGs may choose to treat hazardous wastes generated from an episodic event on site under any and all applicable requirements.

Management of Containers

Small quantity generators accumulating episodic hazardous waste in containers must:

• Meet the standards at 40 CFR 262.16(b)(2) (i.e., the requirements for managing wastes in containers under the small quantity generator exemption).

• Mark each container with:



– The date on which the episodic event began.

Management of Tanks

Small quantity generators accumulating episodic hazardous waste in tanks must:

• Meet the standards at 40 CFR 262.16(b)(3) (i.e., the requirements for managing wastes in tanks under the small quantity generator exemption).

• Mark each container with:



NOTE: Inventory logs, monitoring equipment, or other records must be used to identify the date when the episodic event began for wastes in tanks (logs or records must be kept on site and be readily available for inspection).

Ending an Episodic Event [40 CFR 262.232(a)(6) and (b)(5)]

Generators have 60 calendar days to initi-ate and complete an episodic event, including generation, accumulation, and management. This means that they must also ship their waste to a designated facility within 60 calen-dar days of initiating the event.

Small quantity generators who choose to treat episodic hazardous wastes on site must treat the waste within 60 calendar days from the start of the episodic event.

Recordkeeping Requirements [40 CFR 262.232(a)(7) and (b)(6)]

Generators must keep the following records for at least three years from the end date of an episodic event:

• Beginning and end dates of the epi-sodic event

• A description of the episodic event

• A description of the types and quantities of hazardous wastes generated during the event



Notes:

Page 119


• A description of how the hazardous waste was managed as well as the name of the RCRA-designated facility that received the hazardous waste

• The name(s) of the hazardous waste transporters

NOTE: VSQGs and SQGs must comply with the requirements for hazardous waste manifests at 40 CFR 262, Subpart B for ship-ments of episodic hazardous waste. [40 CFR 262.232(a)(5)]

Requests to Manage an Additional Episodic Event per Year [40 CFR 262.233]

The rules for episodic generation can only be used once per year to maintain VSQG or SQG status, unless the generator receives approval from the EPA to manage a second event as an additional episodic event under the following conditions:

1. A VSQG or SQG that held a planned episodic event in a calendar year may petition EPA for an additional unplanned episodic event in that calendar year with-in 72 hours of the unplanned event; or

2. A VSQG or SQG that held an unplanned episodic event in a calendar year may petition EPA for an additional planned episodic event in that calendar year.

The petition must include all of the follow-ing information:

• The nature of the episodic event

• The reasons why an additional episodic event is needed

• The estimated amount of hazardous waste to be managed from the event

• How the hazardous wastes is to be managed

• The estimated time needed to complete management of the episodic event (not to exceed 60 days)

• Information regarding the previous ep-isodic event managed by the generator, including the nature of the event, wheth-er it was a planned or unplanned event, and how the generator complied with the conditions

Requests must be submitted to the Regional Administrator in writing (on paper or electronically), with unplanned events also having an initial phone, e-mail, or fax notifica-tion. Generators must keep written approval of the additional episodic event for at least three years from the date the event ended.



Page 120

CONTAINER MANAGEMENT STANDARDS SUMMARY FOR GENERATORS

Satellite Accumulation

Area

40 CFR 262.15

SQG Waste in Central

Accumulation Area

40 CFR 262.16

LQG Waste in Central

Accumulation Area

40 CFR 262.17

Containers must be in good condition YES YES YES

Waste must be transferred immediately if a leak occurs (or generator must manage waste in some other way to comply with exemption)

YES YES YES

Containers must be compatible with the waste YES YES YES

Containers must be kept closed, except when adding/removing waste

YES (temporary

venting allowed under certain con-

ditions)

YES YES

Containers must be handled to avoid ruptures and leaks NO YES YES

Container must be inspected weekly NO YES YES

Special requirements for ignitable or reactive waste (50-foot buffer and “no smoking” sign)

NO NO YES

Special requirements for incompatible wastes or materials YES YES YES

Containers subject to air emission standards NO NO YES

Containers marked with the words “Hazardous Waste” and an indication of the hazards

YES YES YES

Containers marked with the accumula-tion start date NO YES YES



Notes:

Page 121

UNIVERSAL WASTE REGULATIONS40 CFR 273

Relief from Other RCRA Regulations [40 CFR 273.1(b)]

The universal waste regulations provide an alternative set of management standards for certain hazardous wastes that operate in lieu of 40 CFR 260 through 272. These regula-tions are designed to make storage and trans-portation of universal waste simpler. Univer-sal wastes are excluded from:

• Counting toward a generator’s status.

• The satellite accumulation, small quantity generator exemption, and large quantity generator exemption.

• Generator LDR determinations.

• Manifesting requirements.

Types of Universal Wastes

Hazardous wastes are included in 40 CFR 273 on the basis of the EPA’s determination that they are generated by a large number and variety of sites, and that managing the waste under the universal waste rules will pose little to no risk and increase the likelihood that the materials will not be disposed.

States may add or remove wastes as long as they follow the procedures for doing so set forth by the EPA. The five Federal universal wastes are:

1. Batteries, as specified in 40 CFR 273.2

2. Certain pesticides, as specified in 40 CFR 273.3

3. Mercury-containing equipment, as speci-fied in 40 CFR 273.4

4. Lamps (i.e., light bulbs), as specified in 40 CFR 273.5

5. Aerosol cans, as specified in 40 CFR 273.6

NOTE: Aerosol cans do NOT need to be empty in order to be managed as universal waste. Aerosol cans emptied through normal use (i.e., without being punctured) would be “RCRA-empty” and would be excluded from the haz-ardous waste regulations under 40 CFR 261.7.


Aerosol can: means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole pur-pose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.



Notes:

Page 122

Universal Waste Regulations, continued

Battery: means a device consisting of one or more electrically connected electrochemi-cal cells which is designed to receive, store, and deliver electric energy. An electro-chemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechan-ical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbro-ken battery from which the electrolyte has been removed.

Destination facility: means a facility that treats, disposes of, or recycles a particular category of universal waste, except those management activities described in §273.13 (a) and (c) and §273.33 (a) and (c). A facility at which a particular category of universal waste is only accumulated, is not a desti-nation facility for purposes of managing that category of universal waste.

Lamp: means the bulb or tube portion of an electric lighting device. A lamp is specifi-cally designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common univer-sal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pres-sure sodium, and metal halide lamps. Also referred to as “universal waste lamp.”

Mercury-containing equipment: means a device or part of a device (including thermostats, but excluding batteries and lamps) that contains elemental mercury integral to its function.

Pesticide: means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any

pest, or intended for use as a plant regula-tor, defoliant, or desiccant, other than any article that:

(a) Is a new animal drug under FFDCA section 201(w), or

(b) Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug, or

(c) Is an animal feed under FFDCA section 201(x) that bears or contains any substances described by paragraph (a) or (b) of this section.

Universal waste handler: (a) Means:

(1) A generator (as defined in this sec-tion) of universal waste; or

(2) The owner or operator of a facility, including all contiguous property, that re-ceives universal waste from other univer-sal waste handlers, accumulates universal waste, and sends universal waste to anoth-er universal waste handler, to a destination facility, or to a foreign destination.

(b) Does not mean:

(1) A person who treats (except under the provisions of 40 CFR 273.13 (a) or (c), or 273.33 (a) or (c)), disposes of, or recycles universal waste; or

(2) A person engaged in the off-site transportation of universal waste by air, rail, highway, or water, including a univer-sal waste transfer facility.



Notes:

Page 123


Counting Universal Wastes

When counting the amount of hazardous waste generated each month to determine a site’s generator category, the amount of uni-versal wastes that are produced are excluded, meaning that they aren’t counted to determine if a generator is a VSQG, SQG or LQG. Instead, a separate count is made to determine if the site is a small quantity handler or a large quan-tity handler of universal waste.

Types of Universal Waste Handlers

A site is a small quantity handler of uni-versal waste if it never accumulates 5,000 kg (11,000 lbs.) or more of universal waste on site at any one time (i.e., it remains below 5,000 kg of universal waste on site).

A site is a large quantity handler of uni-versal waste if at any time they accumulate 5,000 kg (11,000 lbs.) or more of universal waste on site at any one time.

Household and VSQG Waste Management Option [40 CFR 273.8]

Persons managing household or VSQG waste that meets the definition of universal waste may manage them under the univer-sal waste rules. However, once the household and/or VSQG waste is commingled with uni-versal waste, it remains universal waste.

Prohibitions [40 CFR 273.11 and 273.31]

Small and large quantity handlers of uni-versal waste are prohibited from disposing, diluting, or treating universal waste.

Management Standards for Universal Wastes [40 CFR 273.13 and 273.33]

Universal wastes must be managed in a way that prevents releases to the environment. The specific standards for managing universal wastes vary per waste type.

Accumulating Universal Waste Batteries [40 CFR 273.13(a) and 273.33(a)]

Universal waste batteries are not required to be placed in a container while they are being accumulated UNLESS they show evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

When they are required, containers must:

• Be closed.

• Be structurally sound.

• Be compatible with the contents of the battery.

• Lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.



Notes:

Page 124


Handlers of universal waste batteries may conduct the following activities, as long as the casing of each battery remains intact and closed:

• Sorting batteries by type

• Mixing of battery types in one container

• Discharging to remove electric charge

• Regenerating used batteries

• Disassembling batteries or battery packs into individual batteries or cells

• Removing batteries from consumer products

• Removing electrolyte from batteries

If a universal waste handler removes the electrolyte from a battery or generates other solid waste as a result of one of the above listed activities, then waste identification must be performed on all components, and the waste must be managed under all applicable regu-lations.

Accumulating Universal Waste Pesticides [40 CFR 273.13(b) and 273.33(b)]

Universal waste pesticides must be accu-mulated in one of the following devices:

• A container that is closed, structurally sound, and compatible with the pes-ticide and lacks evidence of leakage, spillage, or damage

• An overpack, if the container does not meet the above requirements

• A tank that meets the applicable re-quirements found at 40 CFR 265, Subpart J

• A closed transport vehicle or vessel that is structurally sound and compatible with the pesticide and lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foresee-able conditions

Accumulating Universal Waste Mercury-containing Equipment [40 CFR 273.13(c) and 273.33(c)]

Universal waste handlers must place in a container any universal waste mercury-containing equipment with non-contained elemental mercury or that shows evidence of leakage, spillage, or damage. Containers used to hold “damaged” mercury equipment must:

• Be closed.

• Be structurally sound.

• Be compatible with the mercury equipment.

• Lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

• Be reasonably designed to prevent the escape of mercury into the environment by volatilization or any other means.

There are additional management rules for removing mercury-containing ampules from universal waste and for opening the housing for universal waste that does not have mercury in ampule form.



Notes:

Page 125


Accumulating Universal Waste Lamps [40 CFR 273.13(d) and 273.33(d)]

All lamps, regardless of whether or not they show evidence of leakage, spillage, or damage, must be protected in a container or package meeting specific container rules.

Lamp containers must be:

• Structurally sound.

• Adequate to prevent breakage.

• Compatible with the contents.

• Lacking evidence of leakage, spillage, or damage that could cause leakage un-der reasonably foreseeable conditions.

• Closed.

NOTE: Containers used to hold broken lamps must meet the same standards as containers used to hold unbroken lamps, except for the requirement of being “adequate to prevent breakage,” and they must be designed to con-tain the mercury and other hazardous con-stituents.

Accumulating Universal Waste Aerosol Cans [40 CFR 273.13(e) and 273.33(e)]

Universal waste aerosol cans must be accumulated in a container that is:


• Compatible with the contents.

• Lacking evidence of leakage, spillage, or damage that could cause leakage un-der reasonably foreseeable conditions.

• Protected from sources of heat.

Universal waste aerosol cans that show evidence of leakage must be either:

• Packaged in a separate closed container,

• Overpacked with absorbents, or

• Immediately punctured and drained in accordance with the applicable require-ments for aerosol can puncturing.

Handlers of universal waste aerosol cans may conduct the following activities, as long as the aerosol cans are not breached and they remain intact:

• Sorting aerosol cans by type

• Mixing intact cans in one container

• Removing actuators to reduce the risk of accidental release

Puncturing Aerosol Cans [40 CFR 273.13(e)(4) and 273.33(e)(4)]

Puncturing of aerosol cans is permissi-ble, provided that the emptied cans will be recycled.

Handlers who want to puncture cans must:

• Follow device/puncturing manage-ment standards.

• Develop and maintain specific documents.

• Manage drained contents appropriately.



Notes:

Page 126


Aerosol Puncturing Device [40 CFR 273.13(e)(4)(i) and 273.33(e)(4)(i)]

Puncturing devices must be specifically designed to:

• Safely puncture cans.

• Contain residual contents.

• Contain emissions.

NOTE: The device does not need to be a com-mercially available device.

Operating the Puncturing Device [40 CFR 273.13(e)(4)(iii) and 273.33(e)(4)(iii)]

When operating the puncturing device, handlers must:

• Conduct the activity in a manner to pre-vent fires and releases.

• Place the device on a flat, well-venti-lated area.

NOTE: Employees who will operate the punc-turing device must be trained in the appropri-ate procedures.

Management of Residues After Puncturing [40 CFR 273.13(e)(4)(iv)–(v) and 273.33(e)(4)(iv)–(v)]

After puncturing cans, handlers must con-duct a hazardous waste determination on the residue collected from draining.

The contents from the can or puncturing device must be immediately transferred into a container or tank.

Handlers must meet applicable hazard-ous waste management standards at 40 CFR 262.14, 262.15, 262.16, or 262.17.

NOTE: Once drained, the punctured cans would be considered “scrap metal” and, if recycled, would be excluded from the hazard-ous waste management requirements under 40 CFR 261.6(a)(3)(ii).

Documentation Required for Puncturing [40 CFR 273.13(e)(4)(ii) and (viii) and 273.33(e)(4)(ii) and (viii)]

Handlers of universal waste aerosol cans must have written procedures for:

• Safely puncturing and draining cans.

• Maintaining puncturing equipment.

• Segregating incompatibles.

• Waste management practices.

Handlers must maintain a copy of the device manufacturer’s specifications and instructions.

Handlers must develop written proce-dures for spills and leaks.

NOTE: A spill cleanup kit must also be avail-able to personnel.

Marking Universal Wastes [40 CFR 273.14 and 273.34]

Each item of universal waste or container holding universal waste must be marked with the words:



Notes:

Page 127


• “Universal Waste Batteries” or “Waste Batteries” or “Used Batteries”

• “Universal Waste Pesticides” or “Waste Pesticides”

NOTE: Universal waste pesticides must also be labeled or marked with the label that was on the product when purchased, or, if this is not feasible, the appropriate label required by the Department of Transportation at 49 CFR 172.

• “Universal Waste Mercury-Containing Equipment” or “Waste Mercury- Containing Equipment” or “Used Mercury-Containing Equipment”

NOTE: Containers holding ONLY mercury-containing thermostats may be marked “Universal Waste—Mercury Thermostats,” “Waste Mercury Thermostats,” or “Used Mercury Thermostats.”

• “Universal Waste Lamps” or “Waste Lamps” or “Used Lamps”

• “Universal Waste Aerosol Cans” or “Waste Aerosol Cans” or “Used Aero-sol Cans”

Time Limits for Universal Wastes [40 CFR 273.15 and 273.35]

Handlers may accumulate universal wastes for up to one year. If the handler needs more time to accumulate sufficient quantities to facilitate proper recovery, treatment, or dis-posal, they must be able to prove the need to exceed the one-year limit.

Universal waste handlers are provided several options to document how long they have been accumulating their universal waste. These options include:

• Marking the container holding the waste with the date the material was initially accumulated.

• Marking each item with the date it was initially accumulated.

• Using an inventory tracking system that identifies the date each universal waste became a waste or was received.

• Using an inventory tracking system that identifies the earliest date that any uni-versal waste in a group of universal waste items or a group of containers of univer-sal waste became a waste or was received.

• Placing the universal waste in a specific accumulation area and identifying the earliest date that any universal waste in the area became a waste or was received.

• Any other method that clearly demon-strates the length of time that the univer-sal waste has been accumulated from the date it becomes a waste or is received.



Notes:

Page 128


Training Requirements [40 CFR 273.16 and 273.36]

Small quantity handlers must be “informed” about proper waste handling and emergency procedures appropriate to the type of waste they are handling.

Large quantity handlers must ensure that employees are “thoroughly familiar” with proper waste handling and emergency procedures.

Response to Releases of Universal Wastes [40 CFR 273.17 and 273.37]

Small and large quantity handlers must immediately contain and clean up all releases of universal waste and residues from universal waste, and then determine whether the mate-rial resulting from the release is a hazardous waste. If it meets the definition of a hazard-ous waste, then it must be managed accord-ing to the applicable regulations from 40 CFR 260–272.

Damaged Universal Waste

Any universal waste that shows evidence of spillage, leakage, or damage must be placed in a container that:

• Is closed.

• Is structurally sound.

• Is compatible with the contents.

• Lacks evidence of leakage, spillage, or damage.

Off-site Shipments of Universal Wastes [40 CFR 273.18 and 273.38]

Universal waste must be shipped to:

• Another universal waste handler.

• A destination facility.

• A foreign destination.

Manifest Relief

Universal waste is not required to be shipped on a Uniform Hazardous Waste Man-ifest. The manifest requirements are in 40 CFR 262, Subpart B. Since Part 273 provides alter-native standards to Parts 260 through 272, universal waste is excluded from the manifest requirements. However, if the material is a US DOT hazardous material, all DOT require-ments still apply, including the use of some form of shipping papers.

NOTE: If a “state” universal waste is shipped out of state to a state that does NOT regulate the waste as universal waste, it would be sub-ject to the manifesting requirements of the des-tination state.

Land Disposal Restriction Paperwork Relief

Unlike other hazardous wastes, there is no requirement for generators to create and keep any land disposal restriction (LDR) paperwork for universal wastes.

NOTE: This relief applies ONLY to the gener-ator documentation requirements for LDRs. Universal wastes are still ultimately subject to LDR treatment standards just as other hazard-ous wastes are.



Notes:

Page 129


Additional Requirements for Large Quantity Handlers

The requirements for on-site management of universal waste are essentially the same for large quantity handlers, with the following additions.

Notification [40 CFR 273.32]

Large quantity handlers must receive (or already have) an EPA identification number before accumulating 5,000 kg of universal wastes on site.

Tracking Universal Waste Shipments [40 CFR 273.39]

Large quantity handlers must keep a record of all universal waste shipments they receive or ship off site. This record may be a log, invoice, manifest, bill of lading, or other shipping document.

At a minimum, the record for each ship-ment must include the following information:

• The name and address of the universal waste handler, destination facility, or for-eign destination the universal waste was received from or shipped to.

• The quantity of each type of univer-sal waste received or shipped in each shipment.

• The date the universal waste was received or shipped.

Shipping records must be kept for at least three years from the date the shipment of uni-versal waste was received at the site or shipped off the site.

Requirements for Universal Waste Transporters [40 CFR 273, Subpart D]

Similar to universal waste handlers (gen-erators), transporters of universal wastes are excluded from the typical hazardous waste regulations, which primarily means they are excluded from the transporter requirements at 40 CFR 263. Because of this exclusion, uni-versal waste handlers can transport their own universal wastes without needing to meet the requirements for hazardous waste transporters.

NOTE: If the universal waste they are moving meets one of the DOT’s definitions of a haz-ardous material, transporters must follow all applicable DOT hazardous materials regula-tions for shipping that hazardous material.

Treatment and Disposal of Universal Wastes [40 CFR 273, Subpart E]

Universal wastes must ultimately be sent to a “destination facility” that treats (recy-cles) or disposes of universal wastes. Once the wastes arrive at the facility, they will become subject to ALL applicable requirements for 40 CFR 264, 265, 266, 268, and 270, including the requirements to meet land disposal restric-tions prior to disposal.



Notes:

Page 130


Summary of the Universal Waste Regulations

Small Quantity Handlers of

Universal Waste

Large Quantity Handlers of

Universal Waste

Universal Waste Transporters

Treatment/Disposal Facilities

Prohibitions 40 CFR 273.11 40 CFR 273.31 40 CFR 273.51Comply with RCRA TSDF requirements

Notification40 CFR 273.12

NO REQUIREMENTS40 CFR 273.32

Comply with DOT requirements

Comply with RCRA TSDF requirements

Waste Management Requirements

40 CFR 273.13 40 CFR 273.3340 CFR 273.52


Comply with RCRA TSDF requirements

Labeling/Marking 40 CFR 273.14 40 CFR 273.34Comply with DOT

requirementsComply with RCRA TSDF requirements

Storage Time Limits40 CFR 273.15

ONE-YEAR LIMIT40 CFR 273.35

ONE-YEAR LIMIT40 CFR 273.53

TEN-DAY LIMITComply with RCRA TSDF requirements

Employee Training 40 CFR 273.16 40 CFR 273.36Comply with DOT

requirementsComply with RCRA TSDF requirements

Response to Releases

40 CFR 273.17 40 CFR 273.37 40 CFR 273.54Comply with RCRA TSDF requirements

Off-site Shipments 40 CFR 273.18 40 CFR 273.38 40 CFR 273.55 40 CFR 273.61

Tracking40 CFR 273.19

NOT REQUIRED40 CFR 273.39


40 CFR 273.62

Export Requirements

40 CFR 273.20 40 CFR 273.40 40 CFR 273.56No requirements at

40 CFR 273



Notes:

Page 131

USED OIL RULES40 CFR 279

Under RCRA and the Oil Pollution Act (OPA), the EPA was required to decide whether or not used oils should be listed as hazard-ous waste. After several years of regulatory decision-making, and after being sued by the Hazardous Waste Treatment Council, the EPA developed regulations that specify manage-ment standards for “used oil” that will be recy-cled by being re-refined or burned as a fuel.

Definition of Used Oil [40 CFR 279.1]

Used Oil: means any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities.

The following would be examples of used oil:

• Crankcase oil

• Transmission fluid

• Hydraulic fluid

• Machining oil

• Lubricating oils

NOTE: Vegetable oils, fuel oils, and solvents or petrochemicals would NOT be considered used oil for the purposes of these regulations.

Stand-alone Program

Although these rules are enforced as part of the RCRA Hazardous Waste Program, they essentially form a stand-alone program for the regulation of used oil. These rules reflect the EPA’s stated strategy of establishing bridge programs for wastes between limited RCRA Subtitle D solid waste rules and the more strin-gent Subtitle C hazardous waste rules.

Applicability [40 CFR 279.10]

The used oil rules apply to those materials that meet the definition of used oil, even if the used oil exhibits a characteristic of hazardous waste at the point of generation. In some cases, it is possible to follow the used oil rules even if the used oil has been mixed with hazard-ous waste.


Used Oil Rules, continued


Page 132

Recycling of Used Oil Is “Presumed”

The EPA presumes that generators of used oil will recycle the oil. In fact, the Agency allows generators to presume recycling, even if they intend to dispose of the oil. This means that a generator may follow the used oil rules while the used oil is stored on site, even if the generator ultimately intends to dispose of the used oil and the used oil meets the definition of a hazardous waste.

The “presumption” of recycling ends when the used oil is either:

• Shipped for disposal, or

• Actually disposed of.

At this point, used oil would be subject to the hazardous waste regulations (if it meets the definition of hazardous waste).

Mixtures of Used Oil and Hazardous Waste [40 CFR 279.10(b)]

As a general rule, mixtures of used oil and hazardous waste will be regulated under the hazardous waste rules. In some cases, though,

mixtures of used oil and hazardous waste may continue to be managed under the used oil rules. The rules that need to be followed depend on the type of hazardous waste that is mixed into the used oil and the properties of the material after mixing.

Mixtures of Listed Hazardous Waste and Used Oil

Mixtures of used oil and listed hazardous waste (F, K, P, U) must always be managed as hazardous waste UNLESS the hazardous waste was listed solely for one of the hazard-ous waste characteristics.

Mixtures of Characteristic Hazardous Waste and Used Oil

Management requirements for mixtures of used oil and characteristic hazardous wastes (OR hazardous wastes listed solely for one of the characteristics) can be determined using the following table:

START WITH... MIX WITH... AND AFTERWARDS... MANAGE UNDER...

1. Used Oil Characteristic hazardous waste1

The mixture shows a HW characteristic

HW Regulations

2. Used Oil Characteristic hazardous waste1

The mixture does NOT show a HW characteristic

Used Oil Regulations

3. Used Oil Ignitable-only hazardous waste2

The mixture is NOT ignitable


1 Or listed hazardous waste that is listed solely for a hazardous waste characteristic (I, C, R, or E).2 Or listed hazardous waste that is listed solely for hazardous waste characteristic of ignitability (I).



Notes:

Page 133


“Rebuttable Presumption” [40 CFR 279.10(b)(1)(ii)]

Used oil containing more than 1,000 ppm total halogens is presumed by the EPA to have been mixed with hazardous waste. This pre-sumption may be rebutted by demonstrating that the used oil does not contain hazardous waste, for example, by documenting where the halogens came from or by showing that the halogens are not hazardous waste con-stituents.

The rebuttable presumption does not apply to certain metal-working fluids sent for reclamation or oil from CFC refrigeration units sent for reclamation.

“Specification” Used Oil [40 CFR 279.11]

If used oil (or fuel produced from used oil processing) is able to meet certain specifica-tions AND will be burned for energy recovery, then it is NOT subject to the used oil rules and is regulated simply as “oil.”

The standards for specification oil are:

• Arsenic ≤ 5 ppm.

• Cadmium ≤ 2 ppm.

• Chromium ≤ 10 ppm.

• Lead ≤ 100 ppm.

• Total halogens ≤ 4,000 ppm.

• Flash point ≥ 100°F.

On-site Management of Used Oil [40 CFR 279, Subpart C]

Generators managing used oil under the rules at 40 CFR 279 must comply with the fol-lowing requirements:

• Used oil must be stored in containers or tanks.

• Containers and above-ground tanks must be in good condition and not leaking.

• “Used oil” must be clearly marked or labeled on:

– Containers,

– Above-ground tanks, and

– Fill pipes used to transfer used oil into underground storage tanks.

NOTE: The used oil rules do not specify a time limit for how long used oil may be held on site.

Release Requirements

Upon detection of a release to the environ-ment, a generator must:

• Stop and contain the release,

• Clean up and manage properly the re-leased oil, and

• Repair or replace any leaking containers or tanks.



Notes:

Page 134


Additional Regulatory Requirements

Used oil generators are subject to all appli-cable SPCC (Spill Prevention, Control and Countermeasure) rules at 40 CFR 112, and UST (Underground Storage Tanks) rules at 40 CFR 280–282.

Burning Used Oil [40 CFR 279.23]

If burning used oil in a space heater, the heater must:

• Burn only used oil that the owner gener-ated or received from household do-it-yourselfers.

• Have a maximum capacity ≤ 0.5 million Btu per hour.

• Vent the combustion gases to the am-bient air.

Self-transporting Used Oil [40 CFR 279.24]

Generators may self-transport small amounts of used oil, without an EPA ID number, to approved collection centers. This includes used oil that is generated at the gen-erator’s site and used oil collected from house-hold “do-it-yourselfers,” provided that:

• Transportation takes place in a vehicle owned by the generator or an employee of the generator.

• The generator transports no more than 55 gallons.

• The oil is transported to a used oil col-lection center that is registered, licensed, permitted, or recognized by a State, coun-ty, or municipal government to manage used oil.

Generators may self-transport small amounts of used oil, without an EPA ID number, to approved aggregation points owned by the generator. This includes used oil that is generated at the generator’s site, provided that:

• Transportation takes place in a vehicle owned by the generator or an employee of the generator.

• The generator transports no more than 55 gallons.

• The oil is transported to an aggregation point that is owned and/or operated by the same generator.


Separate rules are established for each “person” involved in managing waste oils. These standards are:

• Part 279, Subpart C for generators

• Part 279, Subpart D for collection centers and aggregation points

• Part 279, Subpart E for transporters and transfer facilities

• Part 279, Subpart F for processors and re-refiners

• Part 279, Subpart G for burners (for ener-gy recovery)



Notes:

Page 135


• Part 279, Subpart H for fuel marketers

• Part 279, Subpart I for use as dust sup-pressants and disposal

Selected Key Features

Additional used oil rules include the following:

• Since the used oil rules are relatively straightforward compared to hazardous waste rules, there is no small quantity generator exemption. But there is an ex-clusion for “household ‘do-it-yourselfer’ used oil generators.”

• Very small quantity generators may mix their hazardous waste and used oil to-gether and continue to regulate that mix-ture under Part 279 per 40 CFR 262.13(f)(1)(iii).

• Distillation bottoms from the re-refining of used oil, which are used as feedstock to manufacture asphalt products, are ex-cluded from both used oil regulation and hazardous waste regulation.

• Used oil generated from diesel-powered vehicles is excluded from regulation if blended with diesel fuel for use in those vehicles.

• Service stations that accept “do-it-your-selfer used oil” for disposal are excluded from generator and transporter liability under CERCLA (Superfund) for all waste oil shipped from their facilities. Such facilities still retain CERCLA liability for any on-site used oil release or disposal.

Other Oily Wastes

Certain oil-containing or oily wastes pose special problems or gain special reliefs.

Oil Spill Debris and Other Unused Waste Oil

It should be noted that the US EPA reliefs for the recycling and burning of oil specif-ically refer to “used oil.” There are other waste oils and oily wastes that are not used oil and hence are not afforded these reliefs. The EPA has stated that “oily wastes, such as bottom clean-out waste from virgin... oil stor-age tanks, or virgin... oil spill cleanup are not used oil because the oil was never ‘used’ for its intended purpose.” [Ref. 50 FR 49174, Nov. 29, 1985.]

Underground Tank Cleanup Waste

The rules at 40 CFR 261.4(b)(10) exclude from hazardous waste regulation any media or debris generated from underground tank cor-rective actions regulated by 40 CFR 280, Sub-part F, provided that the medium or debris is hazardous only due to toxicity characteristics D018–D043. Such wastes are not specifically excluded from used oil regulation. Therefore, if the underground tank from which oil was released had contained “used oil,” the resi-dues would be subject to regulation under 40 CFR 279.

NOTE: States’ rules vary. Check both the generator’s state rules and the TSDF’s state rules for limitations on Federal exemptions and for additional requirements.



Notes:

Page 136

SPENT LEAD-ACID BATTERIES BEING RECLAIMED40 CFR 266, Subpart G

The rules at 40 CFR 266.80 identify require-ments for persons who generate, collect, trans-port, store, or regenerate lead-acid batteries for reclamation purposes. Under these rules, persons handling spent lead-acid batteries that will be reclaimed are excepted from the major-ity of the hazardous waste regulations, with the exact amount of relief determined by their specific activities.

NOTE: In lieu of following these rules, spent lead-acid batteries may be managed under the universal waste rules at 40 CFR 273.

Relief for Generators [40 CFR 266.80(a)]

Generators of spent lead-acid batteries have two options for the management of their batteries under 40 CFR 266, Subpart G:

1. If the batteries will be regenerated (i.e., processed to make them good, usable batteries again by repairing terminals and replacing electrolyte), the batteries are excluded from all of the RCRA hazardous waste regulations, EXCEPT for 40 CFR 261 and 40 CFR 262.11 (regarding hazard-ous waste determination and recordkeep-ing).

2. If the batteries will be reclaimed in ways other than regeneration (i.e., processed by dismantling for scrap value), the batteries are excluded from all of the RCRA haz-ardous waste regulations, EXCEPT for 40 CFR 261 and 40 CFR 262.11 AND ap-plicable requirements under 40 CFR 268.

NOTE: Under either option, if the batteries are exported for reclamation to a foreign country, they are also subject to the requirements at 40 CFR 262.18 and 40 CFR 262, Subpart H.

Relief for Other Handling Activities [40 CFR 266.80(a)]

Handlers of spent lead-acid batteries should consult the following table to deter-mine which regulations they are subject to when handling their batteries.



Notes:

Page 137

Spent Lead-Acid Batteries Being Reclaimed, continued

If your batteries * * * And if you * * * Then you * * * And you * * *

(1) Will be reclaimed through regeneration (such as by electrolyte replacement).

are exempt from 40 CFR parts 262 (except for §262.11), 263, 264, 265, 266, 268, 270, 124 of this chapter, and the notification requirements at sec-tion 3010 of RCRA.

are subject to 40 CFR parts 261 and §262.11 of this chapter.

(2) Will be reclaimed other than through regeneration.

generate, collect, and/or transport these batteries.

are exempt from 40 CFR parts 262 (except for §262.11), 263, 264, 265, 266, 270, 124 of this chapter, and the notification requirements at section 3010 of RCRA.

are subject to 40 CFR parts 261 and §262.11, and applicable provisions under part 268.


store these batteries but you aren’t the reclaimer.


are subject to 40 CFR parts 261, §262.11, and applicable provisions under part 268.


store these batteries before you reclaim them.

must comply with 40 CFR 266.80(b) and as appro-priate other regulatory provisions described in 266.80(b).



don’t store these batteries before you reclaim them.



(6) Will be reclaimed through regeneration or any other means.

export these batter-ies for reclama-tion in a foreign country.

are exempt from 40 CFR parts 262 (except for §262.11, §262.18 and subpart H), 263, 264, 265, 266, 268, 270, 124 of this chapter, and the notification requirements at section 3010 of RCRA.

are subject to 40 CFR part 261, §262.11, §262.18, and 40 CFR part 262, subpart H.

(7) Will be reclaimed through regeneration or any other means.

Transport these batteries in the US to export them for reclamation in a foreign country.

are exempt from 40 CFR parts 263, 264, 265, 266, 268, 270, 124 of this chapter, and the notification requirements at section 3010 of RCRA.

must comply with applicable requirements in 40 CFR part 262, subpart H.


Import these batter-ies from a foreign country and store these batteries but you aren’t the reclaimer.

are exempt from 40 CFR parts 262 (except for §262.11, §262.18 and subpart H), 263, 264, 265, 266, 270, 124 of this chapter, and the notification requirements at section 3010 of RCRA.

are subject to 40 CFR parts 261, §262.11, §262.18, part 262 subpart H, and appli-cable provisions under part 268.


Import these batter-ies from a foreign country and store these batteries before you reclaim them.

must comply with 40 CFR 266.80(b) and as appro-priate other regulatory provisions described in 266.80(b).



Import these batter-ies from a foreign country and don’t store these bat-teries before you reclaim them.

are exempt from 40 CFR parts 262 (except for §262.11, §262.18 and subpart H), 263, 264, 265, 266, 270, 124 of this chapter, and the notification requirements at section 3010 of RCRA.




Notes:

Page 138

HAZARDOUS WASTE PHARMACEUTICALS (HWP)

In the past, implementing the hazardous waste regulations for the management of haz-ardous waste pharmaceuticals generated at healthcare facilities has frequently proven to be difficult, primarily for three reasons:

1. A wide variety of hazardous waste phar-maceuticals are generated in relatively small quantities by a number of different employees across the facility.

2. Many of the hazardous waste pharmaceu-ticals generated by healthcare facilities are P-listed acute hazardous wastes, which are regulated with more stringent require-ments at much smaller amounts.

3. Healthcare personnel who have limited experience in the hazardous waste regu-lations have been responsible for making hazardous waste determinations (since they are the ones present at the point of generation).

Purpose of the New Rule and Key Dates

On February 22, 2019, the EPA published its final rule in the Federal Register that addressed the management of hazardous waste pharma-ceuticals. The new rule at 40 CFR 266, Subpart P is intended to create simplified, sector-spe-cific requirements for “healthcare facilities” (e.g., doctor’s offices, veterinary clinics, long-term care facilities, pharmacies) and “reverse distributors” (e.g., third-party logistics provid-ers and pharmaceutical manufacturers).

The new rule took effect on August 21, 2019.

Effect of New Rulemaking on States

The Hazardous Waste Pharmaceuticals Rule is a “non-HSWA” rulemaking. This means that the new rule is only immediately effective in “Federally run” states (i.e., Alaska and Iowa). “Authorized” states are required to adopt the more stringent provisions within 12 to 24 months. It should be noted, though, that the EPA considers most of the new rulemaking to be “more stringent” than the current RCRA rules, which means states will be required to adopt the majority of the new rule into their own hazardous waste regulations.

Applicability [40 CFR 266.501]

The new requirements are mandatory for:

• Healthcare facilities that are small quantity generators (SQGs) or large quantity generators (LQGs).

• Pharmaceutical reverse distributors.

Exclusions [40 CFR 266.501(g)]

The following hazardous waste phar-maceuticals are excluded from the HWP requirements:

• Pharmaceuticals legitimately used/re-used (e.g., lawfully donated)



Notes:

Page 139

Hazardous Waste Pharmaceuticals (HWP), continued

• Over-the-counter pharmaceuticals, dietary supplements, and homeopath-ic drugs with a reasonable expectation of being legitimately used/reused or reclaimed

• Pharmaceuticals subject to a Food and Drug Administration (FDA) recall strate-gy at 21 CFR 7

• Pharmaceuticals subject to a Consumer Product Safety Commission (CPSC) recall strategy at 16 CFR 1115

• Pharmaceuticals subject to a judicial proceeding

• Investigational new drugs subject to the FDA requirements of 21 CFR 312

• Household waste pharmaceuticals (in-cluding those that have been collected by an authorized collector, as defined by the Drug Enforcement Administration (DEA), provided the authorized collector com-plies with the conditional exemption at 40 CFR 266.506(a)(2) and 266.506(b))

Very Small Quantity Generator (VSQG) vs. Healthcare Facility Rules [40 CFR 266.501(a)–(b)]

A healthcare facility is considered a very small quantity generator, subject to 40 CFR 262.14, if the total amount of hazardous waste generated at the site is below the thresholds specified at 40 CFR 262.13. In making this determination, the generator must combine both its hazardous waste pharmaceuticals and its non-pharmaceutical hazardous waste.

NOTE: A VSQG healthcare facility following the VSQG rules at 40 CFR 262.14 must also follow HWP rules for sewer discharge preven-tion and empty containers, as found at 40 CFR 266.505 and 266.507.

A healthcare facility that is a VSQG when counting all of its hazardous waste, including both its hazardous waste pharmaceuticals and its non-pharmaceutical hazardous waste, may voluntarily manage its HWP under 40 CFR 266, Subpart P, rather than complying with 40 CFR 262.14 and the optional provisions of 40 CFR 266.504.


Evaluated hazardous waste pharmaceutical: means a prescription hazardous waste pharmaceutical that has been evaluated by a reverse distributor in accordance with §266.510(a)(3) and will not be sent to another reverse distributor for further evaluation or verification of manufac-ture credit.

Hazardous waste pharmaceutical (HWP): means a pharmaceutical that is a solid waste, as defined in §261.2, and exhibits one or more characteristics identified in part 261 subpart C or is listed in part 261 subpart D. A pharmaceutical is not a solid waste, as defined in §261.2, and therefore not a hazardous waste pharmaceutical, if it is legitimately used/reused (e.g., law-fully donated for its intended purpose) or reclaimed. An over-the-counter pharma-ceutical, dietary supplement, or homeo-pathic drug is not a solid waste, as defined in §261.2, and therefore not a hazardous waste pharmaceutical, if it has a reason-able expectation of being legitimately used/reused (e.g., lawfully redistributed for its intended purpose) or reclaimed.



Notes:

Page 140


Healthcare facility: means any person that is lawfully authorized to—

(1) Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, and counseling, service, as-sessment or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body; or

(2) Distribute, sell, or dispense phar-maceuticals, including over-the-counter pharmaceuticals, dietary supplements, homeopathic drugs, or prescription phar-maceuticals. This definition includes, but is not limited to, wholesale distributors, third-party logistics providers that serve as forward distributors, military medical lo-gistics facilities, hospitals, psychiatric hos-pitals, ambulatory surgical centers, health clinics, physicians’ offices, optical and dental providers, chiropractors, long-term care facilities, ambulance services, pharma-cies, longterm care pharmacies, mail-order pharmacies, retailers of pharmaceuticals, veterinary clinics, and veterinary hospitals. This definition does not include pharma-ceutical manufacturers, reverse distribu-tors, or reverse logistics centers.

Long-term care facility: means a licensed entity that provides assistance with activ-ities of daily living, including managing and administering pharmaceuticals to one or more individuals at the facility. This definition includes, but is not limited to, hospice facilities, nursing facilities, skilled nursing facilities, and the nursing and skilled nursing care portions of continuing care retirement communities. Not included within the scope of this definition are

group homes, independent living com-munities, assisted living facilities, and the independent and assisted living portions of continuing care retirement communities.

Non-creditable hazardous waste pharma-ceutical: means a prescription hazardous waste pharmaceutical that does not have a reasonable expectation to be eligible for manufacturer credit or a nonprescription hazardous waste pharmaceutical that does not have a reasonable expectation to be legitimately used/reused or reclaimed. This includes, but is not limited to, inves-tigational drugs, free samples of pharma-ceuticals received by healthcare facilities, residues of pharmaceuticals remaining in empty containers, contaminated personal protective equipment, floor sweepings, and cleanup material from the spills of pharmaceuticals.

Pharmaceutical: means any drug or dietary supplement for use by humans or other animals; any electronic nicotine deliv-ery system (e.g., electronic cigarette or vaping pen); or any liquid nicotine (e-liq-uid) packaged for retail sale for use in electronic nicotine delivery systems (e.g., pre-filled cartridges or vials). This defini-tion includes, but is not limited to, dietary supplements, as defined by the Federal Food, Drug and Cosmetic Act; prescrip-tion drugs, as defined by 21CFR 203.3(y); over-the-counter drugs; homeopathic drugs; compounded drugs; investigational new drugs; pharmaceuticals remaining in nonempty containers; personal protective equipment contaminated with pharmaceu-ticals; and clean-up material from spills of pharmaceuticals. This definition does not include dental amalgam or sharps.



Notes:

Page 141


Potentially creditable hazardous waste pharmaceutical: means a prescription hazardous waste pharmaceutical that has a reasonable expectation to receive manufac-turer credit and is—

(1) In original manufacturer packaging (except pharmaceuticals that were subject to a recall);

(2) Undispensed; and

(3) Unexpired or less than one year past expiration date. The term does not include evaluated hazardous waste pharmaceuti-cals or nonprescription pharmaceuticals including, but not limited to, over-the-counter drugs, homeopathic drugs, and dietary supplements.

Reverse distributor: means any person that receives and accumulates prescription pharmaceuticals that are potentially cred-itable hazardous waste pharmaceuticals for the purpose of facilitating or verifying manufacturer credit. Any person, includ-ing forward distributors, third-party logistics providers, and pharmaceutical manufacturers, that processes prescription pharmaceuticals for the facilitation or ver-ification of manufacturer credit is consid-ered a reverse distributor.

Notifications for Healthcare Facilities [40 CFR 266.502(a)]

Healthcare facilities dealing with potential creditable or non-creditable HWP must have an EPA identification number. The notification

must be submitted using EPA Form 8700-12 for each site managing HWP under these rules and must be made:

• Within 60 days of the effective date;

• Within 60 days of becoming subject to the standard; or

• At the next biennial report (if subject to reporting).

A healthcare facility that chooses to with-draw from the 40 CFR 266 requirements because it is a VSQG must:

• Notify the EPA (Form 8700-12) before operating under 40 CFR 262.14, and

• Keep the withdrawal notification for at least three years.

Managing Non-creditable HWP at Healthcare Facilities [40 CFR 266.502]

Identification of Wastes [40 CFR 266.502(c)]

A healthcare facility must determine which non-creditable pharmaceutical wastes are hazardous waste pharmaceuticals.

NOTE: A healthcare facility may choose to manage its non-hazardous waste pharmaceu-ticals as non-creditable hazardous waste phar-maceuticals under 40 CFR 266, Subpart P.



Notes:

Page 142


Management Requirements for Containers [40 CFR 266.502(d) and (e)]

Healthcare facilities must place non-cred-itable hazardous waste pharmaceuticals in containers that are:


• Compatible with the wastes.

• Lacking evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

• Closed and secured against unautho-rized access.

• Marked with the words “Hazardous Waste Pharmaceuticals.”

NOTE: Additional requirements apply to HWP that are ignitable or reactive or if incompatible HWP are mixed or commingled.

In general, non-creditable HWP and non-hazardous non-creditable waste pharmaceu-ticals may be accumulated in the same con-tainer. However, non-creditable HWP that are prohibited from being combusted because of the dilution prohibition at 40 CFR 268.3(c) must be:

• Accumulated in separate containers.

• Labeled with all applicable hazardous waste codes.

Accumulation Time Limit [40 CFR 266.502(f)]

Non-creditable hazardous waste phar-maceuticals may be stored on site for up to one year (no extensions permitted). The limit

must be demonstrated by one of the following methods:

• Marking containers with the date.

• Maintaining an inventory system.

• Placing the waste in an area and identi-fying the earliest date pharmaceuticals in the area became wastes.

Responding to Spills and Releases [40 CFR 266.502(k)]

A healthcare facility must immediately contain all spills of non-creditable HWP and manage the spill clean-up materials as non-creditable HWP in accordance with the requirements of 40 CFR 266, Subpart P.

Training [40 CFR 266.502(b)]

Personnel who handle non-creditable HWP must be “thoroughly familiar” with proper waste handling and emergency proce-dures relevant to their responsibilities during normal facility operations and emergencies. There is no specified frequency for retrain-ing, however, training should be reviewed by the generator on a periodic basis. Update and refresher training should be provided when-ever an employee’s performance shows a need for it, or whenever regulatory or operational changes make it necessary.

There is no explicit requirement to keep any kind of training records under the HWP rules, however, it would be a good manage-ment practice to keep some type of record documenting that the required training has been done.



Notes:

Page 143


Additional Requirements [40 CFR 266.502(g), (i), and (j)]

Non-creditable HWP is subject to all appli-cable land disposal restrictions (LDRs). Facili-ties must also comply with recordkeeping and reporting rules, including:

• Hazardous waste determination records.

• Copies of manifests.

• Other records as required by the Agency.

NOTE: Facilities subject to biennial reporting do not need to include non-creditable HWP in the report.

Managing Potentially Creditable HWP at Healthcare Facilities [40 CFR 266.503]

Prohibitions [40 CFR 266.503(c)]

Healthcare facilities are prohibited from sending hazardous wastes other than poten-tially creditable HWP to a reverse distributor.

NOTE: Potentially creditable HWP that will NOT be sent to a reverse distributor must be managed under the requirements of 40 CFR 266.502 rather than 40 CFR 266.503.

Identification of Wastes [40 CFR 266.503(a)]

A healthcare facility must determine which potentially creditable pharmaceutical wastes are potentially creditable hazardous waste pharmaceuticals.

NOTE: A healthcare facility may choose to manage its potentially creditable non-haz-ardous waste pharmaceuticals as potentially creditable hazardous waste under 40 CFR 266, Subpart P.

Accumulation of Wastes [40 CFR 266.503]

Unlike non-creditable HWP, potentially creditable HWP are not subject to any specific requirements for:

• Container management/labeling.

• Accumulation time.

Receiving Potentially Creditable HWP from VSQGs [40 CFR 266.503(b)]

A healthcare facility may accept poten-tially creditable HWP from an off-site health-care facility that is a VSQG, provided the receiving healthcare facility:

• Is under the control of the same person; or

• Has a contractual or documented rela-tionship to supply pharmaceuticals to a VSQG facility.

In addition, the healthcare facility accept-ing the potentially creditable HWP must:

• Keep records of shipments from VSQGs for three years.

• Manage the pharmaceuticals using the standard provisions for potentially cred-itable pharmaceuticals found at 40 CFR 266, Subpart P.



Notes:

Page 144


Responding to Spills and Releases [40 CFR 266.503(f)]

A healthcare facility must immediately contain all spills of potentially creditable HWP and manage the spill cleanup materials as non-creditable HWP in accordance with the requirements of 40 CFR 266, Subpart P.

Recordkeeping [40 CFR 266.503(e)]

A healthcare facility that sends a shipment of potentially creditable HWP to a reverse dis-tributor must keep the following records for each shipment:

• The confirmation of delivery.

• The shipping papers prepared in accor-dance with 49 CFR 172, Subpart C (if applicable).

Records must be kept for at least three years and must be readily available upon request by an inspector.

NOTE: Facilities subject to biennial reporting do not need to include potentially creditable HWP in the report.

Managing Potentially Creditable HWP and Evaluated HWP at Reverse Distributors [40 CFR 266.510]

There are two types of reverse distributors:

1. Those who move potentially creditable HWP to another reverse distributor for further evaluation or credit verification (e.g., forward distributors, third-party logistics provider)

2. Those who make final evaluation and credit verification (i.e., pharmaceutical manufacturers)

NOTE: Once a hazardous waste pharma-ceutical has been evaluated, it must be sent to a TSDF.

Notifications [40 CFR 266.510(a)(1)]

Reverse distributors must notify the EPA that they are reverse distributors and have an EPA identification number. The notification must be submitted using EPA Form 8700-12 for each site managing HWP under these rules and must be made:

• Within 60 days of the effective date; or

• Within 60 days of becoming subject to the standard.



Notes:

Page 145


Inventory [40 CFR 266.510(a)(2)]

A reverse distributor must maintain an accurate and current inventory of all the poten-tially creditable HWP and evaluated HWP that are accumulated on site. The inventory must include the name/national drug code and quantity of each HWP.

Evaluation [40 CFR 266.510(a)(3) and (4)]

A reverse distributor who is not a pharma-ceutical manufacturer must evaluate a poten-tially creditable HWP within 30 calendar days of the waste arriving on site and determine whether it should be sent to:

• Another reverse distributor for further evaluation or verification of manufactur-er credit.

• A TSDF.

NOTE: A potentially creditable hazardous waste pharmaceutical that is destined for a permitted or interim status treatment, storage, or disposal facility is considered an ‘‘evaluated hazardous waste pharmaceutical.”

A reverse distributor who is a pharmaceu-tical manufacturer must evaluate a potentially creditable HWP to verify manufacturer credit within 30 calendar days of the waste arriving at their site.

Accumulation Time Limits [40 CFR 266.510(a)(5)]

A reverse distributor may accumulate potentially creditable HWP and evaluated HWP for up to 180 days. The time limit begins after the evaluation has been completed (i.e., within 30 days of receipt).

NOTE: The EPA does not specify any partic-ular method for demonstrating compliance with this accumulation time limit.

Unexpired hazardous waste pharma-ceuticals that are otherwise creditable but are awaiting their expiration date (“aging pharmaceuticals”) may be accumulated by a reverse distributor for up to 180 day after their expiration date, provided they meet applicable management standards.

Security [40 CFR 266.510(a)(6)]

Reverse distributors must prevent unknowing entry and minimize unauthorized entry to potentially creditable HWP and evalu-ated HWP accumulation areas using methods such as:

• A 24-hour surveillance system.

• Artificial barriers (e.g., fences).

• Keycard access.

NOTE: A reverse distributor who is meeting security requirements from Drug Enforce-ment Administration or State pharmacy board requirements will be considered in compliance with these requirements.



Notes:

Page 146


Emergencies [40 CFR 266.510(a)(7)]

Reverse distributors must meet the large quantity generator exemption requirements at 40 CFR 262, Subpart M for emergency pre-paredness and contingency planning.

Closure [40 CFR 266.510(a)(8)]

When closing an area that has been used to accumulate potentially creditable HWP or evaluated HWP, reverse distributors must meet the large quantity generator exemption requirements at 40 CFR 262.17(a)(8) for:

• Notifications.

• Cleanup performance standards.

Reporting Requirements [40 CFR 266.510(a)(9)]

Reverse distributors must submit an unau-thorized waste report if they receive waste from off site that they are not authorized to receive (e.g., non-pharmaceutical hazardous waste, regulated medical waste). The report must be submitted to the to EPA Regional Administra-tor within 45 days of the unauthorized waste arriving at the facility. In addition, reverse distributors must send a copy of the unautho-rized waste report to the healthcare facility (or other entity) that sent the waste to them.

Reverse distributors must also provide any additional reports required by the EPA concerning the quantities and disposition of potentially creditable HWP and evalu-ated HWP.

Recordkeeping Requirements [40 CFR 266.510(a)(10) and (b)(4)]

Reverse distributors must keep the fol-lowing records for as long as their facilities are operating as reverse distributors:

• Notification records.

• Current inventory records.

Reverse distributors must keep the follow-ing records for at least three years:

• Unauthorized waste reports.

• Delivery confirmation and DOT shipping papers for each potentially creditable HWP received from healthcare facilities.

• Delivery confirmation and DOT shipping papers for each potentially creditable HWP sent to another reverse distributor.

Management Requirements for Containers of Evaluated HWP [40 CFR 266.510(c)(1)–(4) and (8)]

Reverse distributors who accumulate eval-uated HWP must:

• Store the waste in a designated accumula-tion area.

• Inspect the accumulation area once every seven days for signs of:

– Leaks and deterioration.

– Diversion (e.g., theft).

• Store the waste in containers that are:

– In good condition.

– Compatible with the waste.

– Closed (if holding liquid/gels).



Notes:

Page 147


NOTE: Liquids and gels that are still in their original unopened packaging are considered “closed.”

• Label containers with the words “Hazard-ous Waste Pharmaceuticals.”

• Accumulate evaluated HWP that are pro-hibited from being combusted (due to the dilution prohibition of 40 CFR 268.3(c), such as arsenic trioxide (P012)) in contain-ers separate from other evaluated HWP.

NOTE: Additional requirements apply to eval-uated HWP that are ignitable or reactive or any container of commingled incompatible evaluated HWP.

Training Requirements for Personnel Handling Evaluated HWP [40 CFR 266.510(c)(1)–(4)]

Personnel who handle evaluated HWP are subject to the large quantity generator training requirements at 40 CFR 262.17(a)(7), which includes:

• An annual review of training.

• Documented training records.

Land Disposal Restriction Requirements for Evaluated HWP [40 CFR 266.510(c)(8)]

Evaluated HWP are subject to all appli-cable land disposal restrictions (LDRs) of 40 CFR 268.

Additional Reporting and Recordkeeping Requirements for Evaluated HWP [40 CFR 266.510(c)(9) and (10)]

Reverse distributors must prepare a bien-nial report for evaluated HWP shipped off site in accordance with the requirements at 40 CFR 262.41. This report must be submitted to the EPA Regional Administrator by March 1 of each even-numbered year.

Reverse distributors must keep the follow-ing records for a minimum of three years:

• Accumulation area inspections.

• Manifests.

• Biennial reports.

• Exception reports.

In addition, personnel training records must be kept in accordance with 40 CFR 262.17(a)(7).

Shipping Non-creditable or Evaluated HWP

Preparing Packages Containing Non-creditable or Evaluated HWP for Shipment [40 CFR 266.508(a)(1)]

Non-creditable or evaluated wastes must be:

• Packaged in accordance with all applica-ble Department of Transportation (DOT) hazardous materials (hazmat) require-ments at 49 CFR 173, 178, and 180.



Notes:

Page 148


• Labeled in accordance with all applicable DOT hazmat requirements at 49 CFR 172, Subpart E.

• Marked in accordance with all applicable DOT hazmat requirements at 49 CFR 172, Subpart D.

In addition, each container with a maxi-mum capacity of 119 gallons or less must be marked with the following words and infor-mation, in accordance with 49 CFR 172.304:

• The healthcare facility’s or reverse distrib-utor’s name and address.

• The healthcare facility’s or reverse distrib-utor’s EPA identification number.

• The manifest tracking number.

• The “hazardous waste statement” that states the following:

HAZARDOUS WASTE–Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the US Environmental Pro-tection Agency.

NOTE: Lab packs with wastes prohibited from combustion per 40 CFR 268 will also need waste codes marked on the package.

Manifesting [40 CFR 266.508(a)(2)]

Healthcare facilities and reverse distribu-tors must ship non-creditable HWP and eval-uated HWP to a designated facility (e.g., a TSDF) using a hazardous waste manifest. The manifest must be completed according to the requirements of 40 CFR 262, Subpart B.

NOTE: A healthcare facility shipping non-cred-itable hazardous waste pharmaceuticals is not required to list all applicable hazardous waste codes in Item 13, but must write the word “PHARMS” in Item 13 of the manifest.

Exception Reports for Healthcare Facilities [40 CFR 266.502(i)(2)]

If a healthcare facility does not receive a confirmation copy of the manifest back from the TSDF within 60 days of the date the non-creditable hazardous waste pharmaceu-ticals were accepted by the initial transporter, the healthcare facility must submit an excep-tion report to the EPA Regional Administrator for the region in which the healthcare facility is located. The report must include:

• A copy of the manifest.

• A note stating that the confirmation copy was not received and explaining efforts taken to locate the non-creditable HWP and the results of those efforts.

Exception Reports for Reverse Distributors [40 CFR 266.510(c)(9)]

If a reverse distributor does not receive a confirmation copy of the manifest back from the TSDF within 35 days of the date of ship-ment, the reverse distributor must determine the status of the shipment by:

• Contacting the TSDF to determine wheth-er it received the shipment and whether it sent the confirmation copy.

• Contacting the transporter to determine the status of the shipment, if the TSDF has not received the shipment.



Notes:

Page 149


A reverse distributor who does not receive a confirmation copy of the manifest bearing the handwritten signature of the TSDF opera-tor within 45 days of shipment must submit an exception report to the EPA Regional Adminis-trator for the region in which the generator is located or to the State agency, if the state has RCRA authorization.

The reverse distributor’s exception report must include:

• A legible copy of the manifest; and

• A cover letter, signed by the reverse dis-tributor , explaining efforts taken to locate the evaluated HWP and the results of those efforts.

Rejected Shipments of Non-creditable or Evaluated HWP [40 CFR 266.502(h) and 266.510(c)(7)]

Rejected shipments of non-creditable HWP or evaluated HWP can be returned to the healthcare facility or reverse distributor that sent them. Once they arrive back at the healthcare facility or reverse distributor, they may be accumulated on site for a maximum of 90 days.

Shipping Potentially Creditable HWP [40 CFR 266.509(a)–(c)]

A healthcare facility or a reverse distrib-utor who ships potentially creditable HWP off site to a reverse distributor must comply with all applicable DOT hazmat regulations in

49 CFR 171–180 for any potentially creditable HWP that meets the definition of a hazardous material in 49 CFR 171.8. A hazardous waste manifest is NOT required for the shipment.

NOTE: Because a manifest is not required for the shipment, potentially creditable HWP would NOT meet the DOT definition of a “hazardous waste.” Based on their properties, however, they could still meet one or more DOT definitions of hazardous materials.

Reverse distributors who receive poten-tially creditable HWP from off site must pro-vide confirmation of receipt to the shipper (i.e., healthcare facility or reverse distributor). If no confirmation of delivery is received within 35 days of the shipment, the shipper must contact the reverse distributor to determine status of shipment.

Prohibition on Sewering of Wastes [40 CFR 266.505]

Healthcare facilities and reverse distrib-utors are prohibited from discharging haz-ardous waste pharmaceuticals to a publicly owned treatment works (POTW) system. This prohibition applies to potentially creditable, non-creditable, or evaluated HWP.

NOTE: This prohibition also applies to VSQGs managing HWP under 40 CFR 262.14.



Notes:

Page 150


Conditional Exemption for Controlled Substances [40 CFR 266.506]

Hazardous waste pharmaceuticals that are also listed on a schedule of controlled sub-stances by the Drug Enforcement Administra-tion (DEA) at 21 CFR 1308 are excluded from the requirements in 40 CFR 260–273. House-hold waste pharmaceuticals that are collected by a DEA-registered facility under a take-back event/program are also excluded from the hazardous waste regulations.

In order to be eligible for this exclusion, the pharmaceuticals must be:

• Collected, stored, and disposed of in ac-cordance with DEA regulations.

• Combusted at a permitted large munic-ipal waste combustor, small municipal waste combustor, or hazardous waste incinerator.

Residues of Hazardous Waste Pharmaceuticals in Empty Containers [40 CFR 266.507]

Stock, Dispensing, and Unit-dose Containers [40 CFR 266.507(a)]

Stock bottles, dispensing bottles, vials, or ampules (≤ 1 L or ≤ 10,000 pills) and unit-dose containers (e.g., a unit-dose packet, cup, wrapper, blister pack, or delivery device) are considered to be empty and the residues that remain inside them are excluded from the haz-

ardous waste regulations if all contents have been removed using commonly employed practices.

Syringes [40 CFR 266.507(b)]

Syringes are only considered empty, and the remaining residues are only excluded, if the contents of the syringe have been removed by fully depressing the plunger of the syringe.

If a syringe is not empty, it must be man-aged as non-creditable HWP. In addition, the syringe must meet all applicable Federal, State, and local requirements for sharps containers and medical waste.

Intravenous (IV) Bags [40 CFR 266.507(c)]

An IV bag is considered empty and the residues are not regulated as hazardous waste, provided the pharmaceuticals in the IV bag have been fully administered to a patient. Alternatively, an IV bag may be considered empty if it held non-acute hazardous waste pharmaceuticals and it meets the criteria for empty as identified at 40 CFR 261.7(b)(1) (i.e., “RCRA empty”).

If an IV bag is not empty, it must be man-aged as non-creditable HWP.

Other Containers, Including Delivery Devices [40 CFR 266.507(d)]

All other types of containers and deliv-ery devices containing residues of hazardous waste pharmaceuticals must be managed as non-creditable HWP UNLESS the container held non-acute HWP and meets the criteria for empty as identified at 40 CFR 261.7(b)(1) and (2) (i.e., “RCRA empty”).



Notes:

Page 151

TREATMENT EXCLUDED FROM RCRA PERMITTING REQUIREMENTS

40 CFR 270

The following are some of the more common exclusions from the permitting requirements. As with all Federal regulations, check your State rules to see whether your state allows these exclusions.

Description Limitations Reg. Reference

Treatment While Accumulat-ing: The EPA allows generators to treat hazardous wastes in accumulation containers, tanks, and containment buildings.

The treatment must occur in the device (i.e., the actual device) in which the waste is being accumulated.

The generator must continue to comply with applicable satellite accumula-tion, small quantity generator, or large quantity generator exemption require-ments. For example, generators fol-lowing the LQG exemption, through-out treatment, must comply with ALL applicable requirements found at 40 CFR 262.17 (e.g., container manage-ment, preparedness and prevention, training, etc.).

40 CFR 262.15–262.17— as clarified at 51 FR 10168, March 24, 1986

40 CFR 265.1(c)(7)

40 CFR 270.1(c)(2)(i)

Elementary Neutralization: A generator (or anyone else) may neutralize a waste that is hazardous waste solely due to corrosivity.

Waste must be hazardous solely due to corrosivity.

Device in which treatment takes place must meet the EPA definition of “tank,” “container,” “transport vehicle,” or “vessel.”

40 CFR 265.1(c)(10)

40 CFR 270.1(c)(2)(v)

40 CFR 260.10— definition of “ele-mentary neutraliza-tion unit”

Wastewater Treatment Unit: A generator may treat hazard-ous waste in a unit regulated under the Clean Water Act with-out the treatment unit also being subject to RCRA regulation.

The unit must be in compliance with explicit requirements of a Clean Water Act permit or permit-by-rule.

The unit must meet the RCRA defini-tion of “tank” or “tank system.”

40 CFR 265.1(c)(10)

40 CFR 270.1(c)(2)(v)

40 CFR 260.10— definition of “waste-water treatment unit



Notes:

Page 152

Treatment Excluded from RCRA Permitting Requirements, continued

Description Limitations Reg. Reference

Totally Enclosed Treatment: A generator can treat hazardous waste in a device that is con-nected to the generating process and is totally enclosed until after treatment takes place.

The process generating the waste must be a production process.

The treatment unit must be directly connected to the generating process.

The treatment unit must be constructed and operated to prevent ANY release during treatment (e.g., treatment in a closed pipe).

40 CFR 265.1(c)(9)

40 CFR 270.1(c)(2)(iv)

40 CFR 260.10— definition of “totally enclosed treatment facility”

Treatment in Response to Release or Discharge: The generator can treat hazardous waste as part of the emergency response efforts after releases or discharges of hazardous waste.

Treatment can only be in response to an immediate threat. Once the immediate response is over, the generator cannot continue to treat under this relief.

40 CFR 265.1(c)(11)

40 CFR 270.1(c)(3)

Adding Absorbent: A generator may add absorbent to a waste or waste to an absorbent.

The waste must be in a container.

The absorbent must be added at the same time as waste is being added to the container or prior to any waste being contained in the container.

The container must be in good condi-tion and compatible with the mate-rial. Care must be taken to manage ignitable, reactive, and incompatible material properly.

40 CFR 265.1(c)(13)

40 CFR 270.1(c)(2)(vii)

Recycling: The generator may treat a hazardous waste to recy-cle it. The recycling process itself is not subject to RCRA regula-tion.

If the waste is stored prior to recycling, it must be in compliance with applica-ble accumulation or storage rules [40 CFR 264].

Recycling may not involve burning or “use constituting disposal.”

If the facility otherwise has a TSDF permit, the recycling process is subject to volatile organic air emission control rules.

40 CFR 261.6(c)–(d)

40 CFR 265.1(c)(6)



Notes:

Page 153

TREATMENT WHILE ACCUMULATING

The US EPA allows generators to treat their own hazardous wastes “while accumu-lating” those hazardous wastes on site, as long as two conditions are met:

1. The treatment is conducted in either con-tainers, tanks, or containment buildings.

2. The generator follows all applicable haz-ardous waste accumulation requirements for the particular device in which the treatment is being conducted, as identi-fied at 40 CFR 262.15–262.17.

NOTE: Treatment while accumulating is based on the US EPA’s interpretation of its own reg-ulations. The interpretation appears at the end of this exhibit.

Complying With Accumulation Rules

The main factor that limits the kind of treatment a generator can perform under the condition for exemption (accumulation) rules at 40 CFR 262.15–262.17 is that the generator must continue to comply with the accumula-tion requirements of 40 CFR 262.15–262.17. If a particular type of treatment would require the generator to violate one of the provisions of the accumulation rules, the generator cannot do it under this interpretation.

Containers

Containers used by generators to store hazardous waste must be managed in com-pliance with the device standards under the

various conditions for exemption rules (i.e., 40 CFR 262.15(a)(1)–(4); 40 FR 262.16(b)(2); and 40 CFR 262.17(a)(1)).

Under these rules, containers must be kept closed except when necessary to add or remove waste. In addition, containers may not be opened, handled, or stored in a manner that may rupture the container or cause it to leak. If it is not possible to keep the container closed while performing treatment or if that treat-ment will cause damage to the container, the treatment may not be performed “while accu-mulating.”

Tanks

Tanks used to store hazardous waste under the exemptions for small and large quantity generators must meet the requirements at 40 CFR 262.16(b)(3) and 40 CFR 265, Subpart J, respectively. These rules provide more flex-ibility than the container management rules do. However, any material placed in the tank must be compatible with the materials of con-struction, and certain additional requirements apply to the management of ignitable or reac-tive wastes.

Specialty Devices

Finally, under this interpretation, the treat-ment must be done in accumulation tanks or containers. The primary purpose of the device must be accumulation, not treatment. Hence, if you remove the waste from one tank or con-tainer and place it in a specialty device (for example with extra piping, a stirring mecha-nism, etc.) to be treated, that is not “treatment



Notes:

Page 154

Treatment While Accumulating, continued

in accumulation tanks or containers,” even if the special device is managed under TSDF tank or container rules.

Treating to Meet LDR Standards

According to 40 CFR 268.7(a)(5), genera-tors who treat hazardous waste on site in con-tainers, tanks, or containment buildings under 40 CFR 262.15–262.17 for the purpose of meet-ing LDR standards, and who wish to certify that the waste meets the LDR standards, must develop and follow a written waste analysis plan that describes how they will carry out the treatment and how the treatment will meet the LDR standards.

Example:

An aqueous waste that contains soluble hexavalent chromium above the toxicity char-acteristic level is accumulated in a tank. The tank is managed under 40 CFR 262.17 and 40 CFR 265, Subpart J (i.e., it is a “large quan-tity generator tank”). The generator adds a precipitating agent to the tank that chemically changes the chromium to a non-soluble form and precipitates it from the water. When it is time to ship the waste off site, the water is drained from the precipitated solids. Both the water and the solids will meet LDR standards. The generator will send the water off site to a commercial wastewater treatment unit for final treatment and discharge. The solids will be sent off site for stabilization and disposal.

1. Provided that all of the tank management requirements are complied with (and the State regulations allow it), the generator does not need a RCRA permit to perform this treatment.

2. Because the generator is treating to meet LDR standards, they must prepare a gen-erator’s waste analysis plan per 40 CFR 268.7(a)(5), keep it on file, and make it available to inspectors.

3. Because both wastes are still subject to LDR documentation requirements and will be sent off site, but they meet the LDR standards, the generator must pro-vide a certification per 40 CFR 268.7(a)(3). Since the certification is based on the treatment that the generator performed, periodic analysis of the waste is required.

US EPA Interpretation of “Treatment While Accumulating”

The following text is reprinted from the Federal Register [Ref.: 51 FR 10168, March 24, 1986; emphasis added].

“Of course, no permitting would be required if a generator chooses to treat their hazardous waste in the genera-tor’s accumulation tanks or containers in conformance with the requirements of §262.34 and Subpart J or I of Part 265.” Nothing in §262.34 precludes a generator from treating waste when it is in an accumulation tank or container cov-ered by that provision.

“Under the existing Subtitle C system, EPA has established standards for the tanks and containers which apply to both the storage and treatment of haz-ardous waste. These requirements are designed to ensure that the integrity of the tank or container is not breached. Thus, the same standards apply to a tank or a container, regardless of



Notes:

Page 155

Treatment While Accumulating, continued

whether treatment or storage is occur-ring. Since the same standards apply to treatment in tanks as applies to storage in tanks, and since EPA allows for limited on-site storage without the need for a permit or interim status (90 days for over 1,000 kg/mo. generators and 180/270 days for 100–1,000 kg/mo. generators),” the Agency believes that treatment in accumulation tanks or containers is permissible under the exist-ing rules, provided that tanks or contain-ers are operated strictly in compliance with all applicable standards.

“Therefore, generators of 100–1,000 kg/mo. are not required to obtain interim status and a RCRA permit if the only on-site management which they perform is treatment in an accumulation tank or container that is exempt from permitting during peri-ods of accumulation (180 or 270 days).”

In the time since this interpretation was issued, the EPA has modified the accumula-tion rules to allow accumulation of hazardous wastes in “containment buildings” and, for the wood preserving industry, on “drip pads.” Because of how drip pads are defined and reg-ulated, it is not allowable to treat hazardous waste on drip pads. However, the EPA has issued letters extending the above interpreta-tion to allow treatment in containment build-ings under the generator’s accumulation rules. These interpretations are available online at http://www.epa.gov/rcraonline/.

Although this interpretation was written specifically in response to a question about small quantity generators, in interpretive let-ters, the EPA has applied the same policy to large quantity generators accumulating haz-ardous waste on site.

NOTE: At the time this interpretation was issued, the generator accumulation rules were located at 40 CFR 262.34, and all of the rules for managing hazardous wastes in containers and tanks were found at 40 CFR 265, Subparts I and J. These rules are now found in 40 CFR 262.15–262.17 and 40 CFR 265, Subpart J.



Notes:

Page 156

ELEMENTARY NEUTRALIZATION

Definition of an Elementary Neutralization Unit (ENU) [40 CFR 260.10]

Elementary neutralization unit: means a device that:

(1) Is used for neutralizing wastes that are hazardous only because they exhibit the corrosivity characteristic defined in §261.22..., or they are listed in Subpart D of Part 261... only for this reason; and

(2) Meets the definition of tank, tank system, container, transport vehicle, or vessel in §260.10.

No Permit Required for Elementary Neutralization

The rules at 40 CFR 270.1(c)(2)(v) state that no permit is required to treat hazardous waste in an elementary neutralization unit. Based on the definition of an elementary neutraliza-tion unit, the only treatment that can be done under this exclusion is to make a D002 waste (or a waste listed solely due to corrosivity) be no longer corrosive. The waste treated cannot be hazardous waste for any other reason (i.e., listing or characteristic). Within that restric-tion, any kind of treatment may be done.

NOTE: The rules at 40 CFR 265.1(c)(10) state that an ENU is not subject to TSDF regulation. However, the waste is subject to the hazard-ous waste management requirements prior to treatment (e.g., the large quantity generator exemption).

Elementary Neutralization and LDR Standards

Land disposal restrictions apply to a waste at the initial point of generation. If a corrosiv-ity waste is generated and then treated in an ENU, it must still meet any applicable LDR standards that may apply prior to its ultimate disposal (e.g, treatment for any underlying hazardous constituents (UHCs) that may be present in the waste).

Notifications or certifications, as appropri-ate, must be made to each downstream treat-ment or disposal facility that will receive the residue generated by treating hazardous waste in an ENU. If the residue from the treatment becomes excluded from RCRA regulations subsequent to generation, the generator must prepare a one-time notice to file describing the generation and ultimate disposition of the waste.

In addition, if the generator is treating to meet LDR treatment standards, the generator must develop and follow a written waste anal-ysis plan. [40 CFR 268.7(a)(5)]



Notes:

Page 157

WASTEWATER TREATMENT UNITS

Definition of a Wastewater Treatment Unit (WWTU) [40 CFR 260.10]

A WWTU is a device that meets all of the following:

• It is part of a wastewater treatment facil-ity that is subject to Section 402 or 307(b) of the Clean Water Act (CWA).

Section 402 of the CWA requires nation-al pollutant discharge elimination sys-tem (NPDES) permits for point source discharges.

Section 307(b) regulates indirect discharg-es of pollutants through a sewer system to a publicly owned treatment works facility (POTW).

• It receives and treats or stores a wastewa-ter that is a hazardous waste, or generates and accumulates a sludge that is a haz-ardous waste, or treats or stores a sludge that is a hazardous waste.

• It meets the definition of a tank or tank system at 40 CFR 260.10.

Tanks and associated piping, pumps, valves, etc. will meet the definition of WWTU; however, surface impoundments do not. Neither does a portable device (i.e., a container).

Excluded from RCRA Standards [40 CFR 265.1(c)(10) and 270.1(c)(2)(v)]

The EPA excludes WWTUs from RCRA treatment, storage, and disposal facility (TSDF) management standards and permit-ting requirements. Therefore, the factors limit-ing what can be treated in a WWTU are iden-tified in the individual CWA permit. WWTU operators can “pour down the drain” what-ever their CWA permit allows them to treat in their wastewater treatment facility.

There are three ways in which a permit may prohibit WWTU operators from treating certain wastes:

1. The permit itself may limit influent waste streams. The operator cannot violate these limits.

2. The operator may have explicitly told the Agency the specific wastes that are treat-ed by the WWTU in the permit applica-tion. If so, the operator cannot act outside those boundaries without changing the permit.

3. The operator must meet the specific dis-charge or effluent limits specified in the permit. If treating a particular wastewater would cause the limits to be exceeded, then the operator cannot treat that waste.



Notes:

Page 158

Wastewater Treatment Units , continued

Zero-discharge Facilities

A question posed to the Environmental Protection Agency (EPA) regarding WWTUs was whether “zero-discharge” facilities qual-ified for the WWTU TSDF exemption. As the EPA explained:

“A final clarification of this exemption concerns an on-site wastewater treat-ment facility that has no discharge to surface water. As previously stated in 45 FR 76078 (November 17, 1980), the wastewater treatment unit exemp-tion is intended to cover only tank systems that are part of a wastewater treatment facility that (1) produces a treated wastewater effluent which is discharged into surface water or into a POTW sewer system and therefore is subject to the NPDES or pretreatment requirements of the Clean Water Act, or (2) produces no treated wastewa-ter effluent as a direct result of such requirements. This exemption is not intended to apply to wastewater treat-ment units that are not required to obtain an NPDES permit because they do not discharge treated effluent.”

Therefore, applying for an NPDES permit may benefit your facility.

Regulation of Residues and Effluent

Generally, if a listed hazardous waste is discharged to a wastewater treatment system, any residue (i.e., sludge) derived from the wastewater treatment is itself a listed hazard-ous waste by virtue of the derived-from rule. [40 CFR 261.3(c)(2)(i)]

The actual discharge (i.e., the effluent) from the WWT system is excluded from regu-lation by 40 CFR 261.4(a)(2) if it is directly dis-charged to waters of the United States or by 40 CFR 261.4(a)(1) if it is discharged through sanitary sewers to a POTW.

De minimis Exclusion from the Mixture Rule [40 CFR 261.3(a)(2)(iv)]

Certain de minimis releases of listed haz-ardous waste to a wastewater treatment system do not cause the wastewater or the WWT sludge to be hazardous waste under the mixture and derived-from rules.

Counting Waste for Small Quantity Generator (SQG) Category [40 CFR 262.13(c)]

Hazardous wastes that are managed immediately in WWTUs are not counted in determining generator category.

By contrast, however, if the waste is first accumulated in tanks or containers, and then transferred to a WWTU, they are counted. In addition, the waste would be subject to RCRA management in those devices (e.g., the small quantity generator or large quantity generator exemptions) until the waste was transferred into a WWTU.



Notes:

Page 159

Wastewater Treatment Units , continued

Land Disposal Restrictions (LDRs) [40 CFR 268]

If a listed waste is treated in a WWTU (above de minimis levels), the wastewater treat-ment sludge generated may still be a listed waste (see 40 CFR 261.3(c)(2) for the “derived-from” rule). If so, it must meet LDR standards and requires all applicable notifications and certifications.

Under specific circumstances, if a char-acteristically hazardous waste is treated in a WWTU and rendered no longer hazardous, then 40 CFR 268.1(c)(4) excludes that waste from the LDR standards.

EPA Interpretive Information

The WWTU exemption has been one of the most discussed issues in the RCRA regu-lations and has been the source of many ques-tions from the regulated community. There have been numerous interpretive memoranda from the EPA on the subject, to the point that the Agency provided interpretive information in the Federal Register when it published new standards for hazardous waste storage tanks (53 FR 34080, September 2, 1988).

WWTU vs. Large Quantity Generator Tank

A major question posed to the EPA was: What is the difference between a WWTU tank and a large quantity generator hazardous waste storage tank? In response to this, the EPA offered the following discussion:

“...any tank system that was employed in managing wastewater at a facility prior to its off-site transfer to another loca-tion, whether or not the off-site location

includes an NPDES permitted wastewa-ter treatment facility, or a facility that discharges to a POTW sewer system, is not covered by this exemption.

EPA intends that this exemption apply to any tank system that manages haz-ardous wastewater and is dedicated for use with an on-site wastewater treat-ment facility. However, if a tank system, in addition to being used in conjunction with an on-site wastewater treatment facility, is used on a routine or occa-sional basis to store or treat a hazardous wastewater prior to shipment off-site for treatment, storage or disposal, it is not covered by this exemption. Unless the tank system otherwise qualifies for some other exemption, it would be sub-ject to the revised standards for hazard-ous waste tank systems.”

How Hazardous Waste Enters the WWTU

In response to the question of how the haz-ardous waste must be entered into the WWTU, the EPA states:

“...the means of conveyance of the waste between storage and treatment does not affect the applicability of this exemption. The applicability of the exemption does not depend on whether the wastewater is piped or trucked, or conveyed in any other manner to the wastewater treatment facility within the boundaries of the facility gener-ating the wastewater. Likewise the applicability of the exemption does not depend on whether the on-site waste-water treatment facility also treats wastewater generated off-site.”



Notes:

Page 160

HAZARDOUS WASTES BEING RECYCLED40 CFR 261.6

Despite being recycled, some secondary materials produced by a generator are solid wastes. [40 CFR 262.1(c) and (e)] Unless the material is excluded at 40 CFR 261.4(a) and (b), these recycled solid wastes may also meet the definition of hazardous waste at 40 CFR 261.3.

If the material is a hazardous waste, then 40 CFR 261.6 provides direction regarding which recycling rules are applicable. Through-out 40 CFR 261.6, the term “recyclable materi-als” is used to refer to hazardous wastes that are being recycled.

The EPA addresses these recyclable mate-rials in one of three ways:

1. Certain recyclable materials are completely excluded from RCRA regulation.

2. Certain recyclable materials are subjected to special regulations.

3. Standard hazardous waste management regulations are established for recyclable materials.

Excluded Recyclable Materials [40 CFR 261.6(a)(3)]

A few recyclable materials are excluded from hazardous waste regulations, including:

• Industrial ethyl alcohol.

• Scrap metal not excluded under 40 CFR 261.4(a)(13).

• Certain fuel wastes produced from petro-leum refining.

Special Rules for Certain Recyclable Materials [40 CFR 261.6(a)(2) and (a)(4)]

Some recyclable materials have special management standards at either 40 CFR 266 or 279 to which they are subject. These include:

• Hazardous waste used in a manner con-stituting disposal or used as ingredients to produce products that will be applied to the land. [40 CFR 266, Subpart C]

• Hazardous waste being burned as fuel in a “boiler” or “industrial furnace” (BIF). [40 CFR 266, Subpart H]

• Hazardous waste from which precious metals are being reclaimed. [40 CFR 266, Subpart F]

• Spent lead-acid batteries being reclaimed. [40 CFR 266, Subpart G]

• Certain hazardous waste used oils. [40 CFR 279]



Notes:

Page 161

Hazardous Wastes Being Recycled, continued

Standard Management Requirements for Recyclable Materials [40 CFR 261.6(b) and (c)]

If the recyclable material is not excluded or subject to special regulation, it must be managed under the standard hazardous waste management requirements.

For generators, this includes complying with the:

• Accumulation requirements at 40 CFR 262.15–262.17 (i.e., satellite/small quan-tity generator/large quantity generator exemptions).

• Hazardous waste manifesting require-ments for off-site shipments.

• LDR requirements.

Persons moving the recyclable materials off site must follow the transporter require-ments at 40 CFR 263.

Facilities that receive these recyclable materials must comply with the standard haz-ardous waste permitting and TSDF require-ments at 40 CFR 264 and 270 for any storage that takes place prior to recycling the hazard-ous waste.

However, the recycling process itself is exempt from all RCRA regulation (including permitting). Recycling units at facilities oper-ating under a RCRA permit must comply with the volatile organic air emission control requirements of 40 CFR 264 or 265, Subparts AA and BB. [40 CFR 261.6(d)]

NOTE: The exclusion from hazardous waste permitting applies to any person recycling the hazardous waste, including the hazardous waste generator.

If the off-site recycling facility is able to recycle the hazardous waste without storing it on site, then it is only subject to the following requirements:

• Get an EPA ID number.

• Comply with TSDF requirements for re-ceiving a hazardous waste manifest (i.e., sign and date, note discrepancies).

• Comply with the organic air emission standards (40 CFR 264 or 265, Subparts AA and BB).

• Comply with biennial reporting require-ments at 40 CFR 265.75.



Notes:

Page 162

EXAMPLES OF HAZARDOUS WASTE RECYCLING

Scenario 1—Sludge Being Reclaimed

Situation

A manufacturing facility generates a wastewater treatment sludge. The sludge con-tains significant amounts of lead and copper.

If disposed, the sludge would not be a listed hazardous waste, but it would exhibit the characteristic of toxicity due to lead (waste code D008).

The manufacturer sends the sludge to another company that will process the sludge to recover the copper.

Regulatory Applicability

The material is a non-listed, characteris-tic-only sludge that will be reclaimed. [40 CFR 261.1(c)] Per the Recycling Table 1, the mate-rial is not a solid waste. [40 CFR 261.2(c)(3)] In order to utilize this exclusion, the facility must maintain documentation proving that the material is actually being legitimately reclaimed and is not being speculatively accu-mulated. [40 CFR 261.2(f) and (g)]

Management Requirements

Since the sludge is not a solid waste, it will not be a hazardous waste. This means the sludge is not subject to the hazardous waste requirements, including:

• Counting the sludge towards its monthly generator category determination.

• Accumulating the sludge under the satellite accumulation, small quantity generator, or large quantity generator exemptions.

• Manifesting the off-site shipments of the sludge.

Scenario 2—Spent Material Being Reclaimed

Situation

A specialty chemicals manufacturer uses xylene to clean out a batch reactor vessel between production runs.

Once the xylene has been used to clean the vessel, it is too contaminated to use again. The xylene is held in drums and sent to an off-site distillation facility.


The xylene is a “spent material” and the distillation process is an example of recla-mation. [40 CFR 261.1(c)] Per the Recycling Table 1, the material is a solid waste. [40 CFR 261.2(c)(3)]

The generator must therefore determine whether it is a hazardous waste, per 40 CFR 262.11. In this case, spent solvent xylene is



Notes:

Page 163

Examples of Hazardous Waste Recycling, continued

listed hazardous waste (waste code F003; assuming it exhibits the characteristic of ignit-ability, waste code D001).


Because the spent xylene is a hazardous waste, the generator must manage it in the same manner as any other hazardous waste stored on site. [40 CFR 261.6(b)] This includes shipping the spent xylene to the recycling facility with a hazardous waste manifest.

The still itself is excluded from RCRA reg-ulation. [40 CFR 261.6(c)(1)] However, the facil-ity will need to comply with the standard TSDF permitting and management requirements if it stores the xylene prior to reclaiming it.

The still bottoms continue to be regulated as F003 listed hazardous waste (if they are ignit-able), while the reclaimed xylene is excluded from hazardous waste regulations per the “derived-from” rule at 40 CFR 261.3(c)(2)(i).

Even if the still bottoms are not ignitable and do not carry the F003 and D001 waste codes, they have to meet the original LDR treatment standards for the significant F003 waste code.

Scenario 3—Off-site Reclamation

Situation

A circuit board manufacturer uses ethanol to clean solder flux off the manufactured board.

Once the ethanol has cleaned several cir-cuit boards, it is too contaminated to use again. The ethanol is held in drums and sent to an off-site distillation facility.


The ethanol is a “spent material,” and the distillation process is an example of rec-lamation. [40 CFR 261.1(c)] Per the Recycling Table 1, the material is a solid waste. [40 CFR 261.2(c)(3)]

The generator must therefore determine whether it is a hazardous waste, per 40 CFR 262.11. In this case, spent solvent ethanol is a hazardous waste due to it exhibiting the char-acteristic of ignitability, waste code D001.


The hazardous waste spent ethanol is a recyclable material that is excluded from the RCRA regulations at 40 CFR 261.6(a)(3). It is very likely that the recycling process will be subject to other regulations, including Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) licensing.



Page 164

REG

ULA

TORY

APP

LICA

BILI

TY B

Y TO

PIC

SQ

HU

WL

QH

UW

VS

QG

SQ

GL

QG

Gen

erat

ion/

Acc

umul

a-ti

on L

imit

Acc

umul

ate

< 5

,000

kg

[40

CFR

273

.9]

Acc

umul

ate

≥

5,00

0 kg

[4

0 C

FR 2

73.9

]

Gen

erat

e:

≤ 10

0 kg

non

-acu

te/

mon

th

AN

D

≤ 1

kg a

cute

/m

onth

A

ND

≤

100

kg a

cute

mix

ed

wit

h so

il, d

ebri

s, o

r w

ater

/m

onth

[4

0 C

FR 2

60.1

0]

Gen

erat

e:

> 1

00 a

nd <

1,0

00 k

g/no

n-ac

ute/

mon

th

AN

D

≤ 1

kg a

cute

/m

onth

A

ND

≤

100

kg a

cute

mix

ed

wit

h so

il, d

ebri

s, o

r w

ater

/m

onth

[4

0 C

FR 2

60.1

0]

Gen

erat

e:

≥ 1,

000

kg n

on-a

cute

/m

onth

O

R

> 1

kg

acut

e/m

onth

O

R

> 1

00 k

g ac

ute

mix

ed

wit

h so

il, d

ebri

s, o

r w

ater

/m

onth

[4

0 C

FR 2

60.1

0]

EPA

Iden

-ti

ficat

ion

Num

ber

Not

req

uire

d

[40

CFR

273

.12]

Req

uire

d

[40

CFR

273

.32]

Not

req

uire

d

[40

CFR

262

.10(

a)(1

)(i)

]R

equi

red

[4

0 C

FR

262.

10(a

)(1)

(ii)

]

Req

uire

d

[40

CFR

26

2.10

(a)(

1)(i

ii)]

On-

site

A

ccum

ula-

tion

< 5

,000

kg

at

any

one

tim

e

[40

CFR

273

.9]

No

limit

[4

0 C

FR 2

73.9

]<

1,0

00 k

g no

n-ac

ute

haza

rdou

s w

aste

≤

1 kg

acu

te

≤ 10

0 kg

acu

te m

ixed

w

ith

soil,

deb

ris,

or

wat

er

[40

CFR

262

.14(

a)(3

) an

d (4

)]

≤ 6,

000

kg

[40

CFR

262

.16(

b)(1

)]N

o lim

it

[40

CFR

262

.17(

a)]

Stor

age

Tim

e L

imit

≤ 1

year

[4

0 C

FR 2

73.1

5]≤

1 ye

ar

[40

CFR

273

.35]

Non

e

[40

CFR

262

.14]

≤ 18

0 d

ays

or ≤

270

d

ays

if s

hipp

ing

≥

200

mile

s

[40

CFR

262

.16(

b)

and

(c)]

≤ 90

day

s [4

0 C

FR 2

62.1

7(a)

]


Regulatory Applicability by Topic, continued


Page 165

SQ

HU

WL

QH

UW

VS

QG

SQ

GL

QG

Man

ifes

t R

equi

red

?N

ot r

equi

red

[4

0 C

FR 2

73.1

9]N

ot r

equi

red

, bu

t mus

t “ke

ep

reco

rd o

f eac

h sh

ipm

ent”

[4

0 C

FR 2

73.3

9]

Not

req

uire

d

[40

CFR

262

.10(

a)(1

)(i)

]R

equi

red

[4

0 C

FR

262.

10(a

)(1)

(ii)

]

Req

uire

d

[40

CFR

26

2.10

(a)(

1)(i

ii)]

Pers

onne

l Tr

aini

ng“I

nfor

med

” of

w

aste

han

dlin

g an

d e

mer

genc

y pr

oced

ures

[4

0 C

FR 2

73.1

6]

“Tho

roug

hly

fam

iliar

” w

ith

was

te h

and

ling

and

em

erge

ncy

proc

edur

es

[40

CFR

273

.36]

Not

req

uire

d

[40

CFR

262

.14]

“Tho

roug

hly

fam

iliar

” w

ith

was

te h

and

ling

and

em

erge

ncy

proc

e-d

ures

[4

0 C

FR

262.

16(b

)(9)

(iii)

]

Wri

tten

trai

ning

pro

-gr

am w

ith

det

aile

d

info

rmat

ion

[4

0 C

FR 2

62.1

7(a)

(7)]

Air

Em

issi

on

Stan

dar

ds

Not

req

uire

d

[40

CFR

261

.9]

Not

req

uire

d

[40

CFR

261

.9]

Not

req

uire

d

[40

CFR

262

.14]

Not

req

uire

d

[40

CFR

262

.16]

Req

uire

d

[40

CFR

262

.17]

Prep

ared

ness

an

d

Prev

enti

on

Not

req

uire

d

[40

CFR

261

.9]

Not

req

uire

d

[40

CFR

261

.9]

Not

req

uire

d

[40

CFR

262

.14]

Req

uire

d

[40

CFR

262

.16(

b)(8

)]R

equi

red

[4

0 C

FR 2

62.1

7(a)

(6)

and

262

, Sub

part

M]

Em

erge

ncy

Proc

edur

esN

ot r

equi

red

[4

0 C

FR 2

61.9

]N

ot r

equi

red

[4

0 C

FR 2

61.9

]N

ot r

equi

red

[4

0 C

FR 2

62.1

4]R

equi

red

to p

ost i

nfor

-m

atio

n by

the

phon

e or

in w

ork

area

s an

d

have

an

emer

genc

y co

ord

inat

or

[40

CFR

262

.16(

b)(9

)]

Req

uire

d to

hav

e a

wri

tten

con

ting

ency

pl

an w

ith

det

aile

d

info

rmat

ion

and

an

emer

genc

y co

ord

ina-

tor

[4

0 C

FR 2

62.1

7(a)

(6)

and

262

, Sub

part

M]

Exc

epti

on

Rep

orti

ngN

ot r

equi

red

[4

0 C

FR 2

61.9

]N

ot r

equi

red

[4

0 C

FR 2

61.9

]N

ot r

equi

red

[4

0 C

FR 2

62.1

0(a)

(1)(

i)]

Req

uire

d a

fter

60

day

s [4

0 C

FR

262.

10(a

)(1)

(ii)

and

26

2.42

(b)]

Req

uire

d to

cal

l aft

er

35 d

ays

and

rep

ort

afte

r 45

day

s [4

0 C

FR

262.

10(a

)(1)

(iii)

and

26

2.42

(a)]


Regulatory Applicability by Topic, continued


Page 166

SQ

HU

WL

QH

UW

VS

QG

SQ

GL

QG

Peri

odic

Re-

no

tific

atio

nsN

ot r

equi

red

[4

0 C

FR 2

61.9

]N

ot r

equi

red

[4

0 C

FR 2

61.9

]N

ot r

equi

red

[4

0 C

FR 2

62.1

0(a)

(1)(

i)]

Req

uire

d b

y Se

ptem

-be

r 1s

t, ev

ery

four

ye

ars

(sta

rtin

g in

202

1)

[40

CFR

26

2.10

(a)(

1)(i

i) a

nd

262.

18(d

)(1)

]

Req

uire

d b

y M

arch

1s

t, “o

f eve

ry

even

-num

bere

d y

ear”

[4

0 C

FR

262.

10(a

)(1)

(iii)

and

26

2.18

(d)(

2)]

Bie

nnia

l R

epor

ting

Not

req

uire

d

[40

CFR

261

.9]

Not

req

uire

d

[40

CFR

261

.9]

Not

req

uire

d

[40

CFR

262

.10(

a)(1

)(i)

]N

ot r

equi

red

[4

0 C

FR

262.

10(a

)(1)

(ii)

and

26

2.44

]

Req

uire

d

[40

CFR

26

2.10

(a)(

1)(i

ii) a

nd

262.

41]

Was

te

Det

erm

ina-

tion

Not

req

uire

d

[40

CFR

261

.9]

Not

req

uire

d

[40

CFR

261

.9]

Req

uire

d

[40

CFR

262

.10(

a)(1

)(i)

]R

equi

red

[4

0 C

FR

262.

10(a

)(1)

(ii)

]

Req

uire

d

[40

CFR

26

2.10

(a)(

1)(i

ii)]

LD

R

Det

erm

ina-

tion

Not

req

uire

d

[40

CFR

261

.9]

Not

req

uire

d

[40

CFR

261

.9]

Not

req

uire

d

[40

CFR

262

.14]

Req

uire

d

[40

CFR

262

.16(

b)(7

)]R

equi

red

[4

0 C

FR 2

62.1

7(a)

(9)]

RC

RA

R

elea

se

Rep

orti

ng—

Tele

phon

e N

otifi

cati

on

Not

sub

ject

to

rele

ase

repo

rt-

ing,

but

mus

t re

spon

d to

re

leas

es a

ppro

-pr

iate

ly a

s pe

r 40

CFR

273

.17

Not

sub

ject

to

rele

ase

repo

rt-

ing,

but

mus

t re

spon

d to

re

leas

es a

ppro

-pr

iate

ly a

s pe

r 40

CFR

273

.37

Not

req

uire

d

[40

CFR

262

.14]

Imm

edia

te n

otifi

cati

on

requ

ired

und

er c

erta

in

cond

itio

ns

[40

CFR

26

2.16

(b)(

9)(i

v)]

Imm

edia

te n

otifi

ca-

tion

req

uire

d u

nder

ce

rtai

n co

ndit

ions

[4

0 C

FR 2

62.2

65(d

)]

RC

RA

R

elea

se

Rep

orti

ng—

W

ritt

en

Rep

ort

Not

req

uire

d

[40

CFR

261

.9]

Not

req

uire

d

[40

CFR

261

.9]

Not

req

uire

d

[40

CFR

262

.14]

Not

req

uire

d

[40

CFR

262

.16(

b)(9

)]W

ithi

n 15

day

s [4

0 C

FR 2

62.2

65(i

)]



CONTENTS


Land Disposal Restrictions (LDRS) .................................................................................168

Introduction ........................................................................................................................168

Generator’s LDR Responsibilities....................................................................................169

Step 1: Identify All Significant Waste Codes ..................................................................171

Step 2: Identify All Treatment Standards ........................................................................175

Step 3: Identify Underlying Hazardous Constituents (UHCs) ....................................187

Alternative Treatment Standards .....................................................................................189

Lab Packs—40 CFR 268.42(c) ......................................................................................189

Hazardous Debris—40 CFR 268.45 ............................................................................191

Contaminated Media—40 CFR 268.49 .......................................................................193

LDR Documentation Requirements ................................................................................197



Notes:

Page 167


CST: Constituent subject to treatment

Debris: means solid material exceeding a 60 mm particle size that is intended for disposal and that is a manufactured object, plant or animal matter, or natural geologic material. [40 CFR 268.2]

HSWA: Hazardous and Solid Waste Amend-ments of 1984

Land Ban Form: Common name for forms used to meet the land disposal restriction notification requirements

Land disposal: means placement in or on the land […] and includes, but is not lim-ited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome forma-tion, salt bed formation, underground mine or cave, or placement in a concrete vault, or bunker intended for disposal pur-poses. [40 CFR 268.2]

LDR: Land disposal restrictions

Nonwastewater: means wastes that do not meet the criteria for wastewaters.... [40 CFR 268.2]

RCRA: Resource Conservation and Recovery Act

TOC: Total Organic Carbon: an analytical method that measures the total amount of carbon present in organic compounds in a mixture.

Treatability group: Wastewater or nonwaste-water categories are commonly referred to as treatability groups.


TSS: Total Suspended Solids: an analytical method that measures the total amount of non-dissolved solids present in a liquid.

UHC: Underlying hazardous constituent

Underlying hazardous constituent: means any constituent listed in §268.48, Table UTS—Universal Treatment Standards, except flu-oride, selenium, sulfides, vanadium, and zinc, which can reasonably be expected to be present at the point of generation of the hazardous waste at a concentration above the constituent-specific UTS treatment standards. [40 CFR 268.2]

UTS: Universal treatment standards

Wastewater: means wastes that contain less than 1% by weight total organic carbon (TOC) and less than 1% by weight total suspended solids (TSS). [40 CFR 268.2]



Notes:

Page 168

LAND DISPOSAL RESTRICTIONS (LDRS)Introduction


40 CFR Topic

268.7 Testing and recordkeeping

268.9 Rules for determining “signifi-cant” waste codes

268.40 Treatment standards

268.48 List of potential underlying hazardous constituents (UHCs)

268.42(c), 268.45, and 268.49

Alternative treatment standards


In general, no hazardous waste can be placed in a land disposal unit (e.g., a landfill or surface impoundment) until it has been treated to meet its applicable treatment standards at 40 CFR 268. The EPA established treatment standards for each hazardous waste based on the effectiveness of existing treatment technol-ogies in minimizing the present and long-term threat to human health and the environment from land disposal of the waste.

The specific treatment standards that apply are based on what the hazardous waste was at its initial point of generation.

For each hazardous waste produced, the generator must be able to identify the specific land disposal restriction (LDR) treatment stan-

dards that apply, based on what the hazard-ous waste is at its initial point of generation. Then, the generator must record these treat-ment standards and communicate the infor-mation to the treatment, storage, or disposal facility (TSDF), so that the facility knows what treatment standards apply to each hazardous waste it receives.


To determine the applicable LDR treat-ment standards, the generator needs to gather everything learned from hazardous waste identification. This includes knowing:

• What applicable waste codes (listed and/or characteristic) apply at the initial point of generation.

• What specific constituents are present in the waste at the initial point of generation (through knowledge and/or analysis).

• What the amount of total suspended solids in the hazardous waste at the initial point of generation is.

• What the amount of total organic carbon present at the initial point of genera-tion is.

• Whether it is one of the following special hazardous wastes:

– Lab pack

– Hazardous debris

– Contaminated environmental media



Notes:

Page 169

GENERATOR’S LDR RESPONSIBILITIES40 CFR 268

Land Disposal Restrictions

The land disposal restriction (LDR) regu-lations require treatment of hazardous wastes prior to disposal. These standards are designed to minimize the long-term threat posed to human health and the environment by requir-ing that hazardous wastes be treated using the “best demonstrated available technology.”

It is illegal to dispose of restricted waste until it meets the applicable standards given in 40 CFR 268.

Applicability of Standards

Anything that is or was a hazardous waste must meet LDR standards before it is land dis-posed. The LDR standards and requirements apply to hazardous waste the moment it is generated and remain applicable through dis-posal, unless there is a specific exclusion.

In addition, no residue from treatment of any hazardous waste may be land disposed if it exhibits a hazardous waste characteristic.

The LDR regulations also provide alter-native standards and special documentation requirements for contaminated debris, lab packs, and contaminated soil.

Initial Generator Is Responsible

LDR treatment standards apply to a haz-ardous waste at the initial point of genera-tion. The generator of a hazardous waste bears the ultimate responsibility for determining whether the waste meets the applicable LDR standards and for communicating this infor-mation in writing to treatment, storage, or dis-posal facilities.

Generators and TSDFs each have spe-cific documentation and recordkeeping requirements.

Three Basic Steps for Generators

1. Identify all significant LDR waste code(s) that apply to the waste at the initial point of generation of the waste.

2. Identify all treatment standards applica-ble to the waste based on the significant waste code(s).

3. Identify any “underlying hazardous con-stituents” for any wastes with significant characteristic waste codes (D codes).



Notes:

Page 170

Generator’s LDR Responsibilities, continued

LDR Paperwork Requirements [40 CFR 268.7(a)(8)]

Generators must prepare, provide, and keep copies of all notifications, certifications, and supporting documentation used to make any of the above determinations. These records must be kept for at least three years.

Variances [40 CFR 268.7(a)(4)]

If necessary, a person may petition the EPA for a no-migration variance, capacity vari-ance, or treatability variance. These variances allow the person either to land dispose of the waste without treating it to meet the specific standards or to treat it to different standards. Variances must go through rulemaking pro-cedures, and petitioners must make specific demonstrations to the EPA.

Alternate Treatment Standards [40 CFR 268.42(c), 268.45, and 268.49]

There are certain situations where the current treatment standards found at 40 CFR 268.40 cannot be met or would be financially burdensome. The EPA has identified three alternative treatment standards for the follow-ing three situations:

1. Lab packs

2. Hazardous debris

3. Contaminated media



Notes:

Page 171

STEP 1: IDENTIFY ALL SIGNIFICANT WASTE CODES40 CFR 268.9(b)

Standards Set for Each Waste Code

The EPA has identified treatment stan-dards for all hazardous wastes in a table at 40 CFR 268.40. The table organizes the treat-ment standards by waste code (i.e., D001, F003, etc.). To locate the specific treatment standard for a hazardous waste, the generator must know which waste codes to look up in the table.

Determining Significant Waste Codes [40 CFR 268.9]

According to the instructions for hazard-ous waste identification at 40 CFR 262.11, the generator must identify all applicable waste codes for a hazardous waste. As a result of this process, a hazardous waste will fall into one of three categories:

1. It is hazardous only due to listings (i.e., it only carries F, K, P, or U waste codes).

2. It is hazardous only due to characteristics (i.e., it only carries D waste codes).

3. It is both listed and characteristic.

“Significant” codes are the waste codes that must be identified to the TSDF and treated for before the waste can be land disposed. In some cases, “applicable” waste codes will not be considered “significant,” meaning that, for

some wastes, even though certain waste codes might technically apply to the waste, the waste would not actually need to meet that waste code’s treatment standard prior to land dis-posal of the waste.

Hazardous Wastes That Carry Only Listed Waste Codes

If the hazardous waste carries only listed waste codes (F, K, P, or U codes), all of the waste codes will be considered significant, and the waste will need to be treated to meet the standards at 40 CFR 268.40 for all applicable listed waste codes.

Hazardous Wastes That Carry Only Characteristic Waste Codes

If the hazardous waste carries only charac-teristic waste codes (D codes), all of the waste codes will be considered significant and the waste will need to be treated to meet the stan-dards at 40 CFR 268.40 for all applicable char-acteristic waste codes.

Hazardous Wastes That Carry Both Listed and Characteristic Waste Codes [40 CFR 268.9(b)]

If the hazardous waste carries BOTH listed and characteristic waste codes:

• ALL of the listed waste codes (F, K, P, or U codes) are significant.

• The characteristic waste codes (D codes) MAY or MAY NOT be significant.


Step 1: Identify All Significant Waste Codes, continued


Page 172

Determining Significant Waste Codes for Wastes That Are Listed AND Pose Characteristics

The rules at 40 CFR 268.9(b) explain how to determine which characteristic codes are significant, and which codes are not, when a hazardous waste carries both listed and char-acteristic codes. To determine whether a char-acteristic waste code is significant, the genera-tor must:

1. Determine the constituents that cause each of the characteristics in the hazard-ous waste.

2. Look up the treatment standard for the listed waste codes (F, K, P, or U) at 40 CFR 268.40.

• If the constituent causing the characteris-tic is identified in the treatment standard for the listed waste code, the characteris-tic waste code is not significant.

• If the constituent that causes the charac-teristic is not included in the treatment standard for the listed waste code, the characteristic waste code is significant.

Essentially, the rules state that if the treat-ment for the listed waste code will treat for the specific constituent(s) that cause the character-istic waste code, there is no need to identify the characteristic waste code to the TSDF for treatment, because it will be “covered” by the treatment for the listed waste code.




Page 173

Determining Significant Waste Codes: Example

A generator creates a spent cyanide plating bath solution from electroplating operations (F007) that contains barium (D005) and cadmium (D006) above regu-latory levels.

The treatment standard for F007 is auto-matically significant because listed codes (F, K, P, and U) are always significant.

Barium causes the D005 characteristic. Since the treatment standard at 40 CFR 268.40 for F007 does NOT specify a treatment for barium, the D005 waste code is significant. Cadmium causes the D006 characteristic. Since the treatment standard at 40 CFR 268.40 for F007 specifies treatment for cadmium, the D006 waste code is not significant.

Answer: The F007 and D005 codes are sig-nificant.

Excerpt from 268.40: Treatment Standards for Hazardous Wastes

Waste Code

Waste Description and Treatment/Regulatory Subcategory

Regulated Hazardous Constituent

WastewatersNon-

Wastewaters

Common Name

CAS Number

Concentration in mg/L or Technol-

ogy Code

Concentration in mg/kg unless noted as “mg/L TCLP”; or Technology

Code

F007 Spent cyanide plating bath solutions from electroplating operations.

Cadmium Chromium Cyanides (Total) Cyanides (Amenable) Lead Nickel Silver

7440-43-9 7440-47-3 57-12-5 57-12-5 7439-92-1 7440-02-0 7440-22-4

NA 2.77 1.2 0.86 0.69 3.98 NA

0.11 mg/L TCLP 0.60 mg/L TCLP 590 30 0.75 mg/L TCLP 11 mg/L TCLP 0.14 mg/L TCLP

1. The F007 is automatically significant because it is a listed waste code.

2. Barium causes the D005. Cad-mium causes the D006.

3. The TSDF will treat for the con-stituents that are in this column when treating the significant waste code.

4. The F007 contains a treatment standard for cadmium, so there is no need to treat the cadmium again as a D006. The F007 does not contain a treatment for barium, so the D005 must be treated.

5. Therefore, the F007 and D005 are significant; the D006 is not signif-icant since it will be treated for by the F007 treatment standard.




Page 174



Page 175

STEP 2: IDENTIFY ALL TREATMENT STANDARDS40 CFR 268.40

Treatment standards for hazardous wastes subject to LDRs are found in the table at 40 CFR 268.40, “Treatment Standards for Hazardous Wastes.” To determine which standard or stan-dards apply to your waste, you must know the following about your waste:

• The significant waste codes.

• The subcategory for each waste code (when applicable).

• The regulated constituents.

• The waste’s treatability group.

• The “constituents of concern” in the waste (when applicable).


Waste Code

Waste description and treatment/regula-tory subcategory1

Regulated hazardous constituent

WastewatersNon-

wastewaters

Common Name

CAS2 Number

Concentration3 in mg/L; or Technology

Code4

Concentration5 in mg/kg unless noted as “mg/L TCLP”; or Technology Code4

D0089 Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for lead based on the toxicity characteristic leaching procedure (TCLP) in SW846

Lead 7439-92-1 0.69 and meet §268.48 standards8

0.75 mg/L TCLP and meet §268.48 standards8

Lead Acid Batteries Subcategory. (Note: This subcategory consists of nonwastewaters only.)

Lead 7439-92-1 NA RLEAD

Radioactive Lead Solids Subcategory. (Note: This subcategory consists of nonwastewaters only.)

Lead 7439-92-1 NA MACRO

K011 Bottom stream from the wastewater stripper in the production of acrylonitrile.

Acetonitrile 75-05-8 5.6 38

Acrylonitrile 107-13-1 0.24 84

Acrylamide 79-06-1 19 23

Benzene 71-43-2 0.14 10

Cyanide (Total)

57-12-5 1.2 590

The treatment standard for a particular constituent can be found where the subcategory and the treatability group intersect.

The subcategory is a brief description of the waste.

The treatability groups contain the actual treatment standard for

a specific constituent.


Step 2: Identify All Treatment Standards, continued


Page 176

Waste Code Subcategory

The EPA has identified different subcate-gories for some waste codes. Each subcategory has its own treatment standards.

The subcategories in Column 2 of the treatment standard table are descriptive. Generators must determine which one best describes their waste. Often, the subcategories are straightforward and obvious. For instance, one subcategory could be “batteries,” while the other subcategory consists of wastes that are clearly not batteries. It is also common for there to be only one subcategory, eliminating the need to make a choice at all.

Regulated Hazardous Constituents

The regulated hazardous constituents are the chemicals/compounds that will be treated for when a specific waste code is sent for treat-ment. Often, there is more than one chemical being treated for through a waste code.

For example, the F007 waste code treats for all of the following constituents:

• Cadmium

• Chromium

• Cyanides

• Lead

• Nickel

• Silver

Treatability Group [40 CFR 268.2]

The last two columns of the treatment standard table identify the actual treatment standards for each waste code and subcate-gory. These columns are divided into “waste-waters” and “nonwastewaters.”

• Wastewater: If the waste contains less than 1% by weight total organic carbon (TOC) AND less than 1% by weight total sus-pended solids (TSS), it is a “wastewater.”

• Nonwastewater: If the waste contains 1% or more by weight TOC, OR 1% or more by weight TSS, it is a “nonwastewater.”

Types of LDR Treatment Standards

There are three types of treatment stan-dards found in the Treatment Standards Table at 40 CFR 268.40:

1. Total Concentration Standards—The haz-ardous waste must be treated such that the total concentration of the constituent in Column 3 of the treatment standard table is at or below the concentration identified in Column 5 or 6.

Any legitimate method of treatment may be used to treat the waste to achieve this goal.

2. TCLP Concentration Standards—The haz-ardous waste must be treated such that the leachable concentration of the constitu-ent in Column 3 of the treatment standard table is at or below the level specified in Column 6.

Any legitimate method of treatment may be used to treat the waste to achieve this goal.




Page 177

3. Technology Standards—The hazardous waste must be treated using the technol-ogy specified by the five letter code in Columns 5 or 6.

The codes are defined in 40 CFR 268.42. Appendix VI to 40 CFR 268 lists recom-mended technologies that can be used to achieve the “DEACT” treatment standard.

Constituents of Concern

If the waste being treated is assigned waste codes F001 through F005 (the spent solvents) or F039 (leachate from landfills), the generator must identify the constituents of concern. Since wastes with these waste codes do not typi-cally contain all of the regulated constituents identified at 40 CFR 268.40, the generator can identify only the regulated constituents that are present. In other words, the constituents of concern are the regulated constituents that are actually present in the waste and therefore have to be treated for. If the generator does not identify which specific constituents are in the waste, then the TSDF is required to treat for ALL of the possible constituents identified for the waste by these waste codes.

Determining Treatment Standards: Example 1

A generator has a baghouse dust that fails the TCLP for lead and is assigned the D008 waste code. The waste contains > 1% TOC and > 1% TSS. What would be the treatment for the lead in the waste?

Step 1: Determine the Subcategory

There are three subcategories of D008 wastes to choose from, so the generator must choose the one that best represents the waste.

This particular waste is considered a sludge. It is not a battery and not a radioactive lead solid, so it would fall into the first subcat-egory: wastes that exhibit the characteristic of toxicity for lead based on the TCLP.

Step 2: Determine the Treatability Group

The treatability group for this waste would be a nonwastewater, since it has more than 1% TOC and more than 1% TSS.

Step 3: Determine the Treatment Standard

The treatment standard is found where the subcategory and treatability group intersect for the particular constituent that needs treat-ment, in this case, lead.

Answer: The treatment standard for lead in a nonwastewater D008 waste in the first waste subcategory is to treat the waste so that an extract of the waste will produce a maximum leachable concentration of 0.75 mg/L TCLP, and then meet §268.48 standards.




Page 178

Determining Treatment Standards: Example 2

A generator has bottom stream waste from the wastewater stripper in the production of acrylonitrile that was assigned the K011 waste code. The waste contains > 1% TOC and > 1% TSS. What would be the treatment for the benzene in the waste?

Step 1: Determine the Subcategory

There is only one subcategory for K011 wastes.

Step 2: Determine the Treatability Group

The treatability group for this waste would be a nonwastewater, since it has more than 1% TOC and more than 1% TSS.

Step 3: Determine the Treatment Standard

The treatment standard is found where the subcategory and treatability group intersect for the particular regulated constituent that needs treatment, in this case, benzene.

Answer: The treatment standard for the ben-zene in a nonwastewater K011 waste is to treat the waste so that the total concentration of benzene in the waste after treatment is at or below 10 mg/kg.


Waste code

Waste description and treatment/regu-latory subcategory1

Regulated hazardous constituent Wastewaters Nonwastewaters

Common nameCAS2

Number

Concentration in mg/l3; or Tech-nology Code4

Concentration in mg/kg5 unless noted as

“mg/l TCLP”; or Tech-nology Code4

D0019 Ignitable Characteristic Wastes, except for the §261.21(a)(1) High TOC Subcategory.

NA NA DEACT and meet §268.48 stan-dards8; or RORGS; or CMBST

DEACT and meet §268.48 standards8; or RORGS; or CMBST

High TOC Ignitable Characteristic Liquids Subcategory based on 40 CFR 261.21(a)(1)—Greater than or equal to 10% total organic carbon. (Note: This sub-category consists of nonwastewaters only.)

NA NA NA RORGS; CMBST; or POLYM

D0029 Corrosive Characteristic Wastes. NA NA DEACT and meet §268.48 standards8

DEACT and meet §268.48 standards8




Page 179


Waste code



Common nameCAS2

Number




D002, D004, D005, D006, D007, D008, D009, D010, D011

Radioactive high level wastes generated during the reprocessing of fuel rods. (Note: This subcategory consists of nonwastewa-ters only.)

Corrosivity (pH)

Arsenic

Barium

Cadmium

Chromium (Total)

Lead

Mercury

Selenium

Silver

NA

7440-38-2

7440-39-3

7440-43-9

7440-47-3

7439-92-1

7439-97-6

7782-49-2

7440-22-4

NA

NA

NA

NA

NA

NA

NA

NA

NA

HLVIT

HLVIT

HLVIT

HLVIT

HLVIT

HLVIT

HLVIT

HLVIT

HLVIT

D0059 Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for barium based on the toxicity characteristic leaching procedure (TCLP) in SW846.

Barium 7440-39-3 1.2 and meet §268.48 standards8

21 mg/L TCLP and meet §268.48 standards8

D0069 Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for cadmium based on the toxicity characteris-tic leaching procedure (TCLP) in SW846.

Cadmium 7440-43-9 0.69 and meet §268.48 standards8

0.11 mg/l TCLP and meet §268.48 standards8

Cadmium Containing Batteries Subcate-gory. (Note: This subcategory consists of nonwastewaters only.)

Cadmium 7440-43-9 NA RTHRM

Radioactively contaminated cadmium con-taining batteries. (Note: This subcategory consists of nonwastewaters only.)

Cadmium 7440-43-9 NA Macroencapsulation in accordance with 40 CFR 268.45

D0079 Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for chromium based on the toxicity character-istic leaching procedure (TCLP) in SW846.

Chromium (Total) 7440-47-3 2.77 and meet §268.48 standards8





Page 180


Waste code



Common nameCAS2

Number




D0089 Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for lead based on the toxicity characteristic leaching procedure (TCLP) in SW846.

Lead 7439-92-1 0.69 and meet §268.48 standards8


Lead Acid Batteries Subcategory (Note: This standard only applies to lead acid batteries that are identified as RCRA haz-ardous wastes and that are not excluded elsewhere from regulation under the land disposal restrictions of 40 CFR 268 or exempted under other EPA regulations (see 40 CFR 266.80). This subcategory consists of nonwastewaters only.)

Lead 7439-92-1 NA RLEAD

Radioactive Lead Solids Subcategory (Note: These lead solids include, but are not limited to, all forms of lead shielding and other elemental forms of lead. These lead solids do not include treatment residuals such as hydroxide sludges, other waste-water treatment residuals, or incinerator ashes that can undergo conventional pozzolanic stabilization, nor do they include organo-lead materials that can be inciner-ated and stabilized as ash. This subcategory consists of nonwastewaters only.)

Lead 7439-92-1 NA MACRO

D0109 Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for selenium based on the toxicity characteris-tic leaching procedure (TCLP) in SW846.

Selenium 7782-49-2 0.82 and meet §268.48 standards8


D0119 Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for silver based on the toxicity characteristic leaching procedure (TCLP) in SW846.

Silver 7440-22-4 0.43 and meet §268.48 standards8


Radioactively contaminated silver con-taining batteries. (Note: This subcategory consists of nonwastewaters only.)

Silver 7440-22-4 NA Macroencapsulation in accordance with 40 CFR 268.45.

D0189 Wastes that are TC for Benzene based on the TCLP in SW846 Method 1311.

Benzene 71-43-2 0.14 and meet §268.48 standards8

10 and meet §268.48 standards8

D0219 Wastes that are TC for Chlorobenzene based on the TCLP in SW846 Method 1311.

Chlorobenzene 108-90-7 0.057 and meet §268.48 standards8

6.0 and meet §268.48 standards8

D0369 Wastes that are TC for Nitrobenzene based on the TCLP in SW846 Method 1311.

Nitrobenzene 98-95-3 0.068 and meet §268.48 standards8

14 and meet §268.48 standards8




Page 181


Waste code



Common nameCAS2

Number




F001, F002, F003, F004, & F005

F001, F002, F003, F004 and/or F005 sol-vent wastes that contain any combination of one or more of the following spent sol-vents: acetone, benzene, n-butyl alcohol, carbon disulfide, carbon tetrachloride, chlorinated fluorocarbons, chlorobenzene, o-cresol, m-cresol, p-cresol, cyclohexa-none, o-dichlorobenzene, 2-ethoxyethanol, ethyl acetate, ethyl benzene, ethyl ether, isobutyl alcohol, methanol, methylene chloride, methyl ethyl ketone, methyl isobutyl ketone, nitrobenzene, 2-nitro-propane, pyridine, tetrachloroethylene, toluene, 1,1,1-trichloroethane, 1,1,2-tri-chloroethane, 1,1,2-trichloro-1,2,2-trifluo-rethane, trichloroethylene, trichloromono-fluoromethane, and/or xylenes [except as specifically noted in other subcategories]. See further details of these listings in §261.31.

Acetone 67-64-1 0.28 160

Benzene 71-43-2 0.14 10

n-Butyl alcohol 71-36-3 5.6 2.6

Carbon disulfide 75-15-0 3.8 NA

Carbon tetrachloride 56-23-5 0.057 6.0

Chlorobenzene 108-90-7 0.057 6.0

o-Cresol 95-48-7 0.11 5.6

m-Cresol (difficult to distin-guish from p-cresol)

108-39-4 0.77 5.6

p-Cresol (difficult to distin-guish from m-cresol)

106-44-5 0.77 5.6

Cresol-mixed isomers (Cresylic acid) (sum of o-, m-, and p-cresol concen-trations)

1319-77-3 0.88 11.2

Cyclohexanone 108-94-1 0.36 NA

o-Dichlorobenzene 95-50-1 0.088 6.0

Ethyl acetate 141-78-6 0.34 33

Ethyl benzene 100-41-4 0.057 10

Ethyl ether 60-29-7 0.12 160

Isobutyl alcohol 78-83-1 5.6 170

Methanol 67-56-1 5.6 NA

Methylene chloride 75-9-2 0.089 30

Methyl ethyl ketone 78-93-3 0.28 36

Methyl isobutyl ketone 108-10-1 0.14 33

Nitrobenzene 98-95-3 0.068 14

Pyridine 110-86-1 0.014 16

Tetrachloroethylene 127-18-4 0.056 6.0

Toluene 108-88-3 0.080 10

1,1,1-Trichloroethane 71-55-6 0.054 6.0


1,1,2-Trichloro-1,2,2-triflu-oroethane

76-13-1 0.057 30

Trichloroethylene 79-01-6 0.054 6.0

Trichloromonofluorometh-ane

75-69-4 0.020 30

Xylenes-mixed isomers (sum of o-, m-, and p-xy-lene concentrations)

1330-20-7 0.32 30




Page 182


Waste code



Common nameCAS2

Number




F003 and/or F005 solvent wastes that contain any combination of one or more of the following three solvents as the only listed F001-5 solvents: carbon disulfide, cyclohexanone, and/or methanol. (formerly 268.41(c))

Carbon disulfide 75-15-0 3.8 4.8 mg/l TCLP

Cyclohexanone 108-94-1 0.36 0.75 mg/l TCLP

Methanol 67-56-1 5.6 0.75 mg/l TCLP

F005 solvent waste containing 2-Nitropro-pane as the only listed F001-5 solvent.

2-Nitropropane 79-46-9 (WETOX or CHOXD) fb CARBN; or CMBST

CMBST

F005 solvent waste containing 2-Ethoxyeth-anol as the only listed F001-5 solvent.

2-Ethoxyethanol 110-80-5 BIODG; or CMBST CMBST

F007 Spent cyanide plating bath solutions from electroplating operations.

Cadmium 7440-43-9 NA 0.11 mg/L TCLP

Chromium (Total) 7440-47-3 2.77 0.60 mg/L TCLP

Cyanides (Total)7 57-12-5 1.2 590

Cyanides (Amenable)7 57-12-5 0.86 30

Lead 7439-92-1 0.69 0.75 mg/L TCLP

Nickel 7440-02-0 3.98 11 mg/L TCLP

Silver 7440-22-4 NA 0.14 mg/L TCLP

F010 Quenching bath residues from oil baths from metal heat treating operations where cyanides are used in the process.

Cyanides (Total)7 57-12-5 1.2 590

Cyanides (Amenable)7 57-12-5 0.86 NA




Page 183


Waste code



Common nameCAS2

Number




F024 Process wastes, including but not limited to, distillation residues, heavy ends, tars, and reactor clean-out wastes, from the production of certain chlorinated aliphatic hydrocarbons by free radical catalyzed pro-cesses. These chlorinated aliphatic hydro-carbons are those having carbon chain lengths ranging from one to and including five, with varying amounts and positions of chlorine substitution. (This listing does not include wastewaters, wastewater treat-ment sludges, spent catalysts, and wastes listed in §261.31 or §261.32).

All F024 wastes

2-Chloro-1,3-butadiene

3-Chloropropylene

1,1-Dichloroethane

1,2-Dichloroethane

1,2-Dichloropropane

cis-1,3-Dichloropropylene

trans-1-3-Dichloro-propylene

bis(2-Ethylhexyl)phthalate

Hexachloroethane

Chromium (Total)

Nickel

NA

126-99-8

107-05-1

75-34-3

107-06-2

78-87-5

10061-01-5

10061-02-6

117-81-7

67-72-1

7440-47-3

7440-02-0

CMBST11

0.057

0.036

0.059

0.21

0.85

0.036

0.036

0.28

0.055

2.77

3.98

CMBST11

0.28

30

6.0

6.0

18

18

18

28

30

0.60 mg/L TCLP

11 mg/L TCLP

K011 Bottom stream from the wastewater strip-per in the production of acrylonitrile.

Acetonitrile 75-05-8 5.6 38

Acrylonitrile 107-13-1 0.24 84

Acrylamide 79-06-1 19 23

Benzene 71-43-2 0.14 10

Cyanide (Total) 57-12-5 1.2 590

K062 Spent pickle liquor generated by steel finishing operations of facilities within the iron and steel industry (SIC Codes 331 and 332).

Chromium (Total) 7440-47-3 2.77 0.60 mg/l TCLP

Lead 7439-92-1 0.69 0.75 mg/l TCLP

Nickel 7440-02-0 3.98 NA




Page 184


Waste code



Common nameCAS2

Number




K086 Solvent wastes and sludges, caustic washes and sludges, or water washes and sludges from cleaning tubs and equipment used in the formulation of ink from pigments, driers, soaps, and stabilizers containing chromium and lead.

Acetone 67-64-1 0.28 160

Acetophenone 96-86-2 0.010 9.7

bis(2-Ethylhexyl) phthalate 117-81-7 0.28 28

n-Butyl alcohol 71-36-3 5.6 2.6

Butylbenzyl phthalate 85-68-7 0.017 28

Cyclohexanone 108-94-1 0.36 NA

o-Dichlorobenzene 95-50-1 0.088 6.0

Diethyl phthalate 84-66-2 0.20 28

Dimethyl phthalate 131-11-3 0.047 28

Di-n-butyl phthalate 84-74-2 0.057 28

Di-n-octyl phthalate 117-84-0 0.017 28

Ethyl acetate 141-78-6 0.34 33

Ethylbenzene 100-41-4 0.057 10

Methanol 67-56-1 5.6 NA

Methyl ethyl ketone 78-93-3 0.28 36

Methyl isobutyl ketone 108-10-1 0.14 33

Methylene chloride 75-09-2 0.089 30

Naphthalene 91-20-3 0.059 5.6


Toluene 108-88-3 0.080 10


Trichloroethylene 79-01-6 0.054 6.0


1330-20-7 0.32 30

Chromium (Total) 7440-47-3 2.77 0.60 mg/L TCLP

Cyanides (Total)7 57-12-5 1.2 590

Lead 7439-92-1 0.69 0.75 mg/L TCLP

K093 Distillation light ends from the production of phthalic anhydride from ortho-xylene

Phthalic anhydride (mea-sured as Phthalic acid or Terephthalic acid)

100-21-0 0.055 28




Page 185


Waste code



Common nameCAS2

Number




K103 Process residues from aniline extraction from the production of aniline.

Aniline 62-53-3 0.81 14

Benzene 71-43-2 0.14 10

2,4-Dinitrophenol 51-28-5 0.12 160


Phenol 108-95-2 0.039 6.2

P003 Acrolein Acrolein 107-02-8 0.29 CMBST

P065 Mercury fulminate nonwastewaters, regardless of their total mercury content, that are not incinerator residues or are not residues from RMERC.

Mercury 7439-97-6 NA IMERC

Mercury fulminate nonwastewaters that are either incinerator residues or are residues from RMERC; and contain greater than or equal to 260 mg/kg total mercury.

Mercury 7439-97-6 NA RMERC

Mercury fulminate nonwastewaters that are residues from RMERC and contain less than 260 mg/kg total mercury.

Mercury 7439-97-6 NA 0.20 mg/L TCLP

Mercury fulminate nonwastewaters that are incinerator residues and contain less than 260 mg/kg total mercury.

Mercury 7439-97-6 NA 0.025 mg/L TCLP

All mercury fulminate wastewaters. Mercury 7439-97-6 0.15 NA

P073 Nickel carbonyl Nickel 7440-02-0 3.98 11 mg/L TCLP

P096 Phosphine Phosphine 7803-51-2 CHOXD; CHRED; or CMBST

CHOXD; CHRED; or CMBST

P098 Potassium cyanide Cyanides (Total)7 57-12-5 1.2 590

Cyanides (Amenable)7 57-12-5 0.86 30

P127 Carbofuran10 Carbofuran 1563-66-2 0.006; or CMBST, CHOXD, BIODG or CARBN

0.14; or CMBST

U012 Aniline Aniline 62-53-3 0.81 14

U051 Creosote Naphthalene 91-20-3 0.059 5.6

Pentachlorophenol 87-86-5 0.089 7.4

Phenanthrene 85-01-8 0.059 5.6

Pyrene 129-00-0 0.067 8.2

Toluene 108-88-3 0.080 10


1330-20-7 0.32 30

Lead 7439-92-1 0.69 0.75 mg/L TCLP




Page 186


Waste code



Common nameCAS2

Number




U058 Cyclophosphamide Cyclophosphamide 50-18-0 CARBN; or CMBST CMBST

U108 1,4-Dioxane 1,4-Dioxane 123-91-1 (WETOX or CHOXD) CARBN; or CMBST

CMBST

1,4-Dioxane, alternate6 123-91-1 12.0 170

U169 Nitrobenzene Nitrobenzene 98-95-3 0.068 14

U204 Selenium dioxide Selenium 7782-49-2 0.82 5.7 mg/L TCLP



Notes:

Page 187

STEP 3: IDENTIFY UNDERLYING HAZARDOUS CONSTITUENTS (UHCS)

Definition of a UHC [40 CFR 268.2(i)]

Underlying hazardous constituents: means any constituent listed in §268.48, Table UTS—Universal Treatment Standards, except fluoride, selenium, sulfides, vana-dium, and zinc, which can reasonably be expected to be present at the point of gen-eration of the hazardous waste at a concen-tration above the constituent-specific UTS treatment standards.

Requirements for Treating UHCs

UHCs are essentially chemicals that are “in the background” of a characteristic hazard-ous waste that would not otherwise be treated for by any of the waste codes that apply to the waste, but that the EPA has decided still need to be treated for before the waste can be land disposed. Constituents that are identified and treated for under an LDR treatment standard, therefore, are not UHCs.

UHCs are only required to be treated under specific circumstances related to the hazardous waste. Generators can ask them-selves two questions to determine if they need to identify the UHCs in their hazardous waste:

1. Do you have a significant “D code” for which the treatment standard contains the phrase “and meet §268.48 standards”?

2. Is there a reasonable expectation that there is a constituent in the waste that has not already been treated for by a signifi-cant hazardous waste code?

Generators are only required to identify UHCs if the answer to BOTH of these ques-tions is “yes.” If the waste is required to meet 40 CFR 268.48 standards for UHCs, then each UHC identified by the generator must be treated down to the levels identified for the constituent in the Universal Treatment Stan-dards Table at 40 CFR 268.48 prior to land disposal.


Step 3: Identify Underlying Hazardous Constituents (UHCs), continued


Page 188


Waste code



Common nameCAS2

Number

Concentration in mg/l3; or Technology

Code4



D0059 Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for barium based on the toxicity charac-teristic leaching procedure (TCLP) in SW846.

Barium 7440-39-3 1.2 and meet §268.48 standards8

21 mg/L TCLP and meet §268.48 stan-dards8

Determining UHCs: Example

An F007, D005, and D006 hazardous waste is produced. The waste contains antimony at 2 mg/L TCLP and thallium at 0.05 mg/L TCLP.

The significant codes are F007 and D005 (the D006 for cadmium is not significant since the F007 code treats for cadmium).

There is only one subcategory for the F007 and one subcategory for the D005 waste codes, and the waste is a non-wastewater.

Steps 1 and 2: Are There Significant D Codes That Must “Meet 268.48 Standards?”

The treatment standard for the D005 includes the phrase “and meet §268.48 standards,” therefore, we need to determine if the waste poses any UHCs.

Step 3: Are Constituents Present That Aren’t Treated for by Waste Codes?

The cadmium and barium aren’t UHCs since they will be treated by the F007 and D005 codes respectively. Antimony and thallium are not treated by either the F007 or D005 codes, so we must go to 40 CFR 268.48 and determine whether they are UHCs.

Antimony is listed at 40 CFR 268.48, and the amount in the waste is above the regulatory level of 1.15 mg/L TCLP for nonwastewaters. Therefore, antimony is a UHC in this waste and must be treated.

Thallium is listed at 40 CFR 268.48, but the amount in the waste is below the regulatory level of 0.2 mg/L TCLP for nonwastewaters. Therefore, thallium is not a UHC in this waste.

Answer: Antimony is a UHC for this waste.

Excerpt from 268.48: Universal Treatment Standards

REGULATED CONSTITUENT common name

CAS Number

Wastewater Standard Nonwastewater Standard

Concentration in mg/LConcentration in mg/kg unless

noted as “mg/L TCLP”

Antimony Barium Cadmium Thallium

7440-36-0 7440-39-3 7440-43-9 7440-28-0

1.9 1.2 0.69 1.4

1.15 mg/L TCLP 21 mg/L TCLP 0.11 mg/L TCLP 0.20 mg/L TCLP



Notes:

Page 189

ALTERNATIVE TREATMENT STANDARDSLab Packs—40 CFR 268.42(c)

A lab pack is an outer, DOT-authorized packaging that contains two or more relatively smaller containers of different, but compat-ible, hazardous wastes. The standard LDR rules would require that each hazardous waste be treated to meet its specific treatment stan-dards prior to land disposal. However, it may be impractical to meet the treatment standards for each individual waste code placed in a lab pack. Therefore, the EPA has provided “alter-native” treatment standards for lab packs, found at 40 CFR 268.42(c).

Requirements for Treating Under the Alternative Standards

The alternative treatment standards for lab packs require them to be incinerated in full compliance with applicable TSDF rules. Res-idues generated from incinerating lab packs that contained toxicity characteristic metals (D004–D011, except D009) may require further treatment to meet the treatment standards specified for those metals at 40 CFR 268.40.

Certification

Each waste code in the lab pack must be identified. However, generators are not required to determine underlying hazardous constituents (UHCs) for any of the wastes.

Generators who use the alternative stan-dards are required to include in the notifica-tion document a statement certifying that the lab pack does not include any of the Appendix IV waste codes. [40 CFR 268.7(a)(9)]

Prohibited Waste Codes

The following waste codes listed in 40 CFR 268, Appendix IV are not allowed to be included in a lab pack for treatment using the alternative standards:

• D009

• F019

• K003, K004, K005, K006, K062, K071, K100, K106

• P010, P011, P012, P076, P078

• U134, U151

These wastes must be treated to meet their individual standards found at 40 CFR 268.40.



Notes:

Page 190

Alternative Treatment Standards, continued

DOT Rules Also Apply [49 CFR 173.12(b) and (d)]

The US DOT hazardous materials trans-portation regulations (HMR) contain special requirements for shipping lab packs. All mate-rials placed in a lab pack must be compatible with one another. This compatibility determi-nation cannot be made based on EPA waste codes or DOT hazard classes. Knowledge of chemistry is required to prepare lab packs safely for transportation and disposal.

DOT Packaging Requirements

The following packaging requirements apply to shipments of lab packs:

• Shippers must use an authorized UN drum, box, or IBC as the outer packaging.

• Outer packagings may contain only one hazard class of material.

• Inner packagings must be made of glass not exceeding 4 liters (~1 gallon) or metal or plastic not exceeding 20 liters (~5.3 gallons).

• When shipping liquids, enough absorbent materials to absorb the total liquid con-tents are required.

• Packages must be transported for dispos-al or recovery by highway, rail, or cargo vessels only.

• The gross weight of the completed pack-age cannot exceed 205 kg (~452 lbs.).

Under specific conditions, the DOT allows the use of a generic shipping name in place of specific chemical names. In these cases, techni-cal names are not required to be included on shipping papers or package markings.

DOT Prohibitions on Lab Packs

Per DOT rules, the following materials may not be packaged under the provisions for lab packs:

• Materials that are poisonous by inhalation

• Division 6.1, Packing Group I materials

• Division 4.2, Packing Group I materials

• Chloric acid

• Oleum (fuming sulfuric acid)



Notes:

Page 191

ALTERNATIVE TREATMENT STANDARDSHazardous Debris—40 CFR 268.45

Background

Requiring contaminated debris to be treated in the same manner as the waste that contaminates the debris is not practicable in many cases. Therefore, the EPA developed alternative treatment standards for debris, which were published in the Federal Register on August 18, 1992. Treatment standards for hazardous debris are found at 40 CFR 268.45.

Definition of “Debris”

Debris is defined at 40 CFR 268.2(g) as a solid material that:

1. Has a particle size exceeding 60 mm.

2. Is intended for disposal and is:

• A manufactured object (e.g., scrap metal, concrete, bricks, glass, plastic, lumber); or

• Plant or animal matter (e.g., tree stumps, animal carcasses); or

• Natural geologic material (e.g., boulders, rocks, cobbles).

Examples of Debris

Examples of materials that are considered debris and that may be treated using the alter-nate standards at 40 CFR 268.45 are:

• Glass

• Masonry and refractory bricks

• Tanks

• Appliances, industrial equipment

• Animal carcasses

• Rock (cobbles and boulders)

• Concrete

• Non-intact containers (e.g., crushed drums)

• Pipes, valves

• Scrap metal

• Tree stumps

• Paper, plastic, and rubber

The Following Are Specifically Not Debris:

• Any material for which a specific treat-ment standard has been established (e.g., lead-acid batteries).

• Process wastes, such as smelter slags.

• Residues from treatment of wastes, waste-water, sludges, or air emission residues.

• Intact containers of hazardous waste that are not ruptured and that retain at least 75% of their original volume. Un-less “empty” under 40 CFR 261.7, these are managed as containers of hazardous waste (not debris), and any prohibited waste inside is subject to specific treat-ment standards.

• Soil and/or groundwater.



Notes:

Page 192


Treatment Standards for Hazardous Debris

Currently, there are three options for treat-ment of hazardous debris. The debris may be:

1. Treated to meet the specific LDR stan-dards that apply to the waste with which the debris is contaminated. In this situ-ation, debris contaminated with listed waste would continue to be regulated as hazardous waste after treatment and be subject to RCRA Subtitle C management standards.

2. Treated using the alternative treatment technologies found at 40 CFR 268.45. See discussion below.

3. Managed in accordance with EPA’s “contained-in” policy. Under this poli-cy, the debris is regulated as hazardous waste because it contains hazardous waste. Once the debris is treated so that it no longer contains hazardous waste, it is regulated as Subtitle D waste. It must be demonstrated to the EPA’s satisfaction that the debris has been treated adequate-ly and no longer contains hazardous waste.

Alternative Technologies for Debris [40 CFR 268.45]

The treatment technologies for debris are divided into three categories:

1. Extraction

2. Destruction

3. Immobilization

There are several treatment methods within each technology category, which are listed at 40 CFR 268.45.

There are some limitations placed on which type of technology may be used for cer-tain debris/contaminant combinations. For example, chemical oxidation is not an accept-able method of treatment for debris contami-nated with metal constituents.

Treated Debris

If the debris is treated using one of the extraction or destruction technologies listed, it will no longer be regulated as hazardous waste after treatment and may be certified “clean” and disposed of as RCRA Subtitle D “solid” waste.

If the debris is treated using an immobili-zation technology, the debris remains subject to hazardous waste regulation.

Residue from Treated Debris

Residuals from treating contaminated debris (e.g., water and chemical washes, mate-rial removed by grinding or spalling) must be separated from the treated debris using “simple mechanical means” and continue to be subject to the specific LDR standards that apply to the waste that contaminated the debris.



Notes:

Page 193

ALTERNATIVE TREATMENT STANDARDSContaminated Media—40 CFR 268.49

Background

Historically, soil contaminated with a listed hazardous waste or exhibiting a char-acteristic had been subject to the same treat-ment standards as the listed waste or charac-teristic waste itself. In some cases, these may be unachievable or inappropriate for contam-inated soil.

On May 26, 1998, the US EPA finalized specifically tailored alternative treatment stan-dards for contaminated soils, which are more technically and environmentally appropriate. [See 63 FR 28556.]

Applicability

Land disposal restriction (LDR) treatment standards for soils apply to soils contaminated with hazardous waste. A contaminated soil is regulated as a hazardous waste if:

• The soil is mixed with one or more listed wastes.

• The contaminated soil exhibits one or more hazardous waste characteristics. [See 40 CFR 261.3.]

Contained-in Policy

The principle that a soil would be reg-ulated as a hazardous waste by one of the above-mentioned criteria is the EPA’s “con-tained-in” policy. The EPA may use this policy on a site-specific basis to determine that the

concentration of hazardous constituents is low enough so that the medium (e.g., soil) does not contain a hazardous waste and may not be subject to the LDRs.

To determine whether LDRs apply to soils contaminated with only a listed waste, refer to the following table from 40 CFR 268.49:

If LDRs And If LDRs

And If Then You

Applied to the listed waste when it contaminated the soil*

Apply to the listed waste now

Must comply with LDRs

Didn’t apply to the listed waste when it contaminated the soil*


The soil is determined to contain the listed waste when the soil is first generated

Must comply with LDRs



The soil is determined not to contain the listed waste when the soil is first generated

Needn’t comply with LDRs


Don’t apply to the listed waste now

Needn’t comply with LDRs

* For dates of LDR applicability, see 40 CFR Part 268 Ap-pendix VII. To determine the date any given listed haz-ardous waste contaminated any given volume of soil, use the last date any given listed hazardous waste was placed into any given land disposal unit or, in the case of an accidental spill, the date of the spill.



Notes:

Page 194


Three Treatment Options [40 CFR 268.49(b)]

There are three treatment options for contaminated soil subject to land disposal restrictions:

1. Comply with the treatment standards for hazardous waste in 40 CFR 268.40.

2. Treat according to the alternative soil treatment standards in 40 CFR 268.49.

3. Receive a site-specific variance in 40 CFR 268.44.

Alternative Soil Treatment Standards

At 40 CFR 268.48, the EPA lists approxi-mately 300 chemical constituents and assigns a Universal LDR Treatment Standard (UTS) for each.

Identify Constituents Subject to Treatment (CSTs) [40 CFR 268.49(d)]

Under the alternative treatment standards for soil, all contaminated soil (listed or char-acteristic) must be treated for CSTs. For soils, these are defined as:

• Any constituent listed in 40 CFR 268.48 (except fluoride, selenium, sulfides, vana-dium, and zinc) that are

• Reasonably expected to be present in the soil

• In concentrations greater than ten times the universal treatment standard (UTS) for that constituent.

In addition to the constituents mentioned above, PCBs are not required to be identified as CSTs in contaminated soils, until further notice is published in the Federal Register. [See 65 FR 81373, December 26, 2000.]

“90% Capped by 10 × UTS Levels” [40 CFR 268.49(c)(1)]

Under the alternative standard, soil must be treated to achieve a 90% reduction in con-centration for each constituent subject to treatment.

However, if treatment of a given constitu-ent to meet the 90% reduction standards would reduce concentrations to less than 10 × UTS, then the soil need only be treated to a concen-tration of 10 × UTS, not lower.

Characteristics [40 CFR 268.49(c)(2)]

Contaminated soils that exhibit a toxicity characteristic (TC) must be treated for the TC constituent. Those that exhibit the characteris-tic of ignitability, corrosivity, or reactivity must be treated for the characteristic property.

Examples

Facilities A and B both have releases of a spent xylene solvent (F003). The contaminated soil is removed for treatment. The only constit-uent subject to treatment is xylene and the soil does not exhibit any characteristic. The UTS for nonwastewater xylene is 30 mg/kg.



Notes:

Page 195


Facility A

A representative sample of the recovered soil indicates that the concentration of xylene is 3,500 mg/kg.

1. 90% reduction: 3,500(0.9) = 3,150 (3,500) – (3,150) = 350 mg/kg

2. 10 × UTS = 300 mg/kg

3. Treatment standard: Since the 90% reduc-tion results in a higher concentration than 10 × UTS, the contaminated soil must be treated to 350 mg/kg.

Facility B

A representative sample of the recovered soil indicates that the concentration of xylene is 2,000 mg/kg.

1. 90% reduction: 2,000(0.9) = 1,800 (2,000) – (1,800) = 200 mg/kg

2. 10 × UTS: 300 mg/kg

3. Treatment standard: The 90% reduction would result in a concentration lower than the 10 × UTS limit. Therefore, the contaminated soil need only be treated to 300 mg/kg.

Dilution Is Illegal [40 CFR 268.3(a)]

Any dilution of a contaminated soil as a substitute for adequate treatment to achieve compliance with LDR treatment standards is illegal. It is also illegal to mix a prohibited

hazardous waste with soil in order to change its treatment classification (i.e., from waste to contaminated soil).

Site-specific Variances [40 CFR 268.44(h)(3)–(4)]

Site-specific variances from the technology treatment standards may be granted by the EPA or an authorized state if it is determined that the contaminated soil at higher concentra-tions will not pose a short- or long-term threat to human health and the environment. These site-specific variances are similar to the EPA’s guidance for making contained-in determina-tions. [See 61 FR 18795, April 29, 1996.]

Recordkeeping

Standard Records [40 CFR 268.7(a)(2)–(3)]

Contaminated soils are subject to the same recordkeeping requirements as other restricted wastes. The EPA requires the following certifi-cation statement to be included with the initial notification:

“This contaminated soil [does/does not] contain listed hazardous waste and [does/does not] exhibit a characteristic of hazardous waste and [is subject to/com-plies with] the soil treatment standards as provided by §268.49(c) or the universal treatment standards.”



Notes:

Page 196


Exclusion Records [40 CFR 268.7(e)]

A one-time Notice to File must be prepared for either of the following conditions:

• The EPA or authorized state determines that the soil no longer contains a listed hazardous waste.

• The restricted soil no longer exhibits a characteristic.

State LDR Rules

Since this is a Federal EPA rule providing a “less stringent” alternative to LDR regula-tions, you must check your State regulations to assure that the state allows this option.



Notes:

Page 197

LDR DOCUMENTATION REQUIREMENTS

Generator LDR Documentation Requirements

Generators must create and maintain LDR documentation for any waste that had LDRs attached to it at its original point of genera-tion. There are many different types of LDR documents required under the hazardous waste regulations, including notifications, cer-tifications, and LDR determination records. However, the EPA does not provide or require the use of standardized forms for LDR docu-mentation.

Record Retention [40 CFR 268.7(a)(8)]

Generators must keep a copy (on site) of all notices, certifications, waste analysis data, and any other LDR documentation for at least three years from the last date the waste subject to documentation was sent off site.

Notifications and Certifications—General [40 CFR 268.7(a)(2)–(3)]

The two most common LDR documents are “notifications” and “certifications.”

Purpose of a Notification

The notification is commonly referred to as the “land ban form,” although there is actually no standard form. A notification is used for

hazardous wastes that have not met their treat-ment standards, or when a generator chooses not to make the determination as to whether or not the waste needs to be treated, and instead allows the TSDF to make this determination for them.

Purpose of a Certification

A certification is used to indicate to a TSDF that the hazardous waste has already met all applicable LDR treatment standards and can be legally land disposed. The certification con-tains a specific statement that must be signed by an “authorized representative” taking responsibility for the statement that LDR stan-dards have been met. The statement reads as follows:

“I certify under penalty of law that I personally have examined and am famil-iar with the waste through analysis and testing or through knowledge of the waste to support this certification that the waste complies with the treatment standards specified in 40 CFR Part 268 Subpart D. I believe that the information I submitted is true, accurate and complete. I am aware that there are significant penalties for sub-mitting a false certification, including the possibility of a fine and imprisonment.”

Format of Notifications and Certifications

As stated previously, there is no standard EPA notification or certification form. How-ever, unless specifically excepted, notifications



Notes:

Page 198

LDR Documentation Requirements, continued

and certifications must include all of the fol-lowing information:

• The manifest document number of the first shipment of the waste to the TSDF

• The EPA hazardous waste codes (i.e., LDR “significant” waste codes for the wastes)

• The treatability group for each waste (wastewater or non-wastewater)

• The waste subcategory for each waste code (where applicable)

• Any available waste analysis data (not required for lab packs)

NOTE: In most cases, the TSDF that receives the waste will have its own form for genera-tors to use for the shipment that will provide space for all of the required information.

Requirements for Sending Notifications and Certifications

Notifications and certifications are required to be sent to the TSDF with the ini-tial shipment of hazardous waste. After that, generators are only required to send another copy with the waste they are shipping to the TSDF if:

• The waste changes.

• The generator sends the waste to a differ-ent facility.

• The regulations change, affecting what information the generator must provide.

NOTE: It is not uncommon for TSDFs to require generators to send a copy of the notification or certification with every shipment.

Special Notification and Certification Requirements

Wastes for Which the TSDF Will Make LDR Determinations [40 CFR 268.7(a)(2)]

If generators choose not to make the LDR determination of whether the waste must be treated and instead have the TSDF do it on their behalf, the notification must include:

• The manifest document number of the first shipment of the waste to the TSDF.

• The EPA hazardous waste codes for the wastes.

• The statement:

“This hazardous waste may or may not be subject to the LDR treatment stan-dards. The treatment facility must make the determination.”

Documentation for Constituents of Concern in F001–F005 and F039 Wastes [40 CFR 268.7, Generator Paperwork Table]

If the generator is sending F001 through F005 or F039 listed waste to a TSDF, then in addition to the standard information required on a notification or certification, the genera-tor must identify the constituents of concern that are reasonably expected to be present in the waste.

If the generator does not identify the constituents of concern, then the TSDF will be required to treat and monitor for ALL potentially regulated constituents in the F001 through F005 and F039 treatment standards



Notes:

Page 199


the generator sends to them (i.e., every solvent listed under F001 through F005 or every con-stituent listed under the F039 listing).

Documentation for Underlying Hazardous Constituents (UHCs) in Characteristic Wastes [40 CFR 268.7, Generator Paperwork Table]

If the generator is sending “characteristic” wastes that were subject to 40 CFR 268.48 stan-dards to a TSDF, then in addition to the stan-dard information required on a notification or certification, the generator must also identify the UHCs that are reasonably expected to be present in the waste. If the generator does not identify the UHCs, then the TSDF will be required to treat and monitor for ALL poten-tially regulated constituents in the waste (i.e., for the approximately 250 constituents listed on the Universal Treatment Standards Table at 40 CFR 268.48).

Documentation for Characteristic Wastes Treated to Remove the Characteristic but That Require Further Treatment for UHCs [40 CFR 268.9(d)(2)(i)]

If the generator sends a decharacterized hazardous waste to a TSDF for further treat-ment for the UHCs, then in addition to the standard information required on a notifi-cation and certification, the document must include a specific certification signed by an “authorized representative” indicating that the waste has been treated to remove the haz-ardous waste characteristic, but still requires additional treatment for UHCs:

“I certify under penalty of law that the waste has been treated in accordance with the requirements of 40 CFR 268.40 or 268.49 to remove the hazardous character-istic. This decharacterized waste contains

underlying hazardous constituents that require further treatment to meet treat-ment standards. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.”

Documentation for Characteristic Wastes That Meet All LDR Standards and Are Being Sent to a Subtitle D Facility [40 CFR 268.9(d)]

Special LDR documentation is required for characteristic hazardous wastes that have met their LDR treatment standards and will be sent to a Subtitle D landfill for disposal. Unlike most other notifications and certifications, though, this LDR documentation is not sent to the receiving facility, but instead should just be kept by the generator.

The one-time Notice to File the generator must keep has to include all of the following information:

• The name and address of the facility re-ceiving the waste shipment.

• A description of the waste as originally generated, including applicable waste codes.

• The treatability group of the waste.

• Any UHCs that were originally present in the waste.

• A special certification statement signed by an “authorized representative:”

“I certify under penalty of law that I have personally examined and am familiar with the treatment technology and op-eration of the treatment process used to



Notes:

Page 200


support this certification. Based on my inquiry of those individuals immediately responsible for obtaining this informa-tion, I believe that the treatment process has been operated and maintained prop-erly so as to comply with the treatment standards specified in 40 CFR 268.40 without impermissible dilution of the prohibited waste. I am aware there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.”

Documentation for Wastes Excluded from Regulations Subsequent to the Point of Generation (“One-time Notice to File”) [40 CFR 268.7(a)(7)]

In some cases, a hazardous waste that is subject to LDRs at the point of generation can later become excluded from the hazard-ous waste regulations through some particu-lar relief. Examples could include wastes that are sent to an on-site wastewater treatment system and subsequently discharged under a Clean Water Act permit or neutralized cor-rosive wastes that are sent through a sanitary sewer to a publicly owned treatment works, or POTW.

In these cases, instead of the usual notifi-cation or certification, a one-time Notice to File that describes the generation, exclusion from the hazardous waste regulations, and ultimate disposition of the waste must be created and kept with the generator’s files.

NOTE: The purpose of the one-time NTF is to document the fact that a hazardous waste existed and was land disposal restricted, but was then excluded from regulation. The NTF must be kept on file at the generating facility. By doing this, the generator demonstrates that his or her land disposal restricted waste is not being illegally land disposed.

Documentation for Lab Packs Managed Under the Alternative Standards [40 CFR 268.7(a)(9) and 268.42(c)]

Generators wishing to have their hazard-ous waste lab packs treated under the alterna-tive treatment standards at 40 CFR 268.42(c) must provide a notification/certification including the following information:



• The following certification statement signed by an “authorized representative,” stating that the lab pack does not contain wastes prohibited under the alternative standard:

“I certify under penalty of law that I per-sonally have examined and am familiar with the waste and that the lab pack con-tains only wastes that have not been ex-cluded under appendix IV to 40 CFR part 268 and that this lab pack will be sent to a combustion facility in compliance with the alternative treatment standards for lab packs at 40 CFR 268.42(c). I am aware that there are significant penalties for submit-ting a false certification, including the possibility of fine or imprisonment.”



Notes:

Page 201


NOTE: Underlying hazardous constituents (UHCs) are not required to be identified when shipping under the lab pack exclusion.

Documentation for “Hazardous Debris” Managed Under the Alternative Standards [40 CFR 268.7, Generator Paperwork Table]

Generators wishing to have their hazard-ous debris treated with the alternative treat-ment technologies provided at 40 CFR 268.45 must include the following information with the standard notification documentation:

• The names of the contaminants subject to treatment, determined pursuant to 40 CFR 268.45(b).

• An indication that the contaminants are being treated to comply with 40 CFR 268.45.

NOTE: Special documentation/certifica-tion requirements apply to generators who treat their own hazardous debris to meet the requirements at 40 CFR 268.45. These require-ments are found at 40 CFR 268.7(d).

Documentation for Contaminated Soils Managed Under the Alternative Treatment Standards [40 CFR 268.7, Generator Paperwork Table]

If the generator sends contaminated soil to a TSDF for treatment of the hazardous constit-uents, then in addition to the standard infor-mation required on a notification or certifica-tion, the document must include:

• The contaminants subject to treatment, determined pursuant to 40 CFR 268.49(d).

• The following statement:

“This contaminated soil [does/does not] contain listed hazardous waste and [does/does not] exhibit a characteristic of hazardous waste and [is subject to/com-plies with] the soil treatment standards as provided by §268.49(c) or the universal treatment standards.”

Documentation for Wastes That Have Been Granted a Variance or an Exemption from LDR Standards [40 CFR 268.7(a)(4)]

If a variance or exemption from being treated to meet LDR requirements prior to land disposal has been granted for a particu-lar waste by the EPA or State authority, the fol-lowing information must be kept on site by the generator to document this:



• Any available waste analysis data.

• A statement that the waste is not prohibit-ed from land disposal.

• The date the waste will become subject to LDR standards.



Notes:

Page 202


Additional LDR Documents

Waste Analysis Plan [40 CFR 268.7(a)(5)]

If a generator is managing and treating wastes on site to meet LDR standards, then the site must develop and follow a written waste analysis plan. This plan must be based on a detailed chemical and physical analysis of a representative sample of the wastes and must describe the procedures that will be used to treat the wastes in accordance with the LDR standards, including the selected testing frequency.

LDR Determination Records [40 CFR 268.7(a)(6)]

Generators must keep records demonstrat-ing that all applicable land disposal restriction treatment standards that applied at the point of generation for a waste have been identified. If a generator determines the LDR standards based solely on his or her knowledge of the waste, all supporting data used to make this determination must be retained on site in the generator’s files. If the LDR determination was based on testing the waste or extract, then all waste analysis data must be retained on site in the generator’s files.



Management




CONTENTS


Emergencies and Releases ................................................................................................204

Preparedness and Prevention ...........................................................................................205

Large Quantity Generator Contingency Plans ..............................................................208

Emergency Procedures for Large Quantity Generators ...............................................211

Small Quantity Generator Emergency Planning ...........................................................213

Required Posted Information for Small Quantity Generators.....................................214

Release Reporting ..............................................................................................................215

RCRA Release Reporting ..................................................................................................216

CERCLA Release Reporting .............................................................................................219

Determining CERCLA Reportable Quantities ...............................................................223

Determining CERCLA Reportable Quantities for Hazardous Wastes .......................225

List of Hazardous Substances and RQs ..........................................................................228

SARA Title III Release Reporting .....................................................................................231

Common Release Reporting Requirements ...................................................................234



Notes:

Page 203


AHJ: Authority having jurisdiction

CAA: Federal Clean Air Act

CASRN: Chemical Abstracts Service Registry Number

CERCLA: Comprehensive Environmental Response, Compensation and Liability Act (Superfund)

CFR: Code of Federal Regulations

Contingency plan: means a document setting out an organized, planned, and coordi-nated course of action to be followed in case of a fire, explosion, or release of haz-ardous waste or hazardous waste constitu-ents which could threaten human health or the environment. [40 CFR 260.10]

CP: Contingency plan

CWA: Federal Clean Water Act

EPA: US Environmental Protection Agency

FR: Federal Register

ICP: Integrated contingency plan

ICRE: Hazardous waste characteristics of ignitability, corrosivity, reactivity, and toxicity

ID: Identification

kg: kilogram

NRC: National Response Center

RCRA: Resource Conservation and Recov-ery Act

RQ: Reportable quantity

SARA: Superfund Amendments and Reautho-rization Act

SDS: Safety Data Sheet



Notes:

Page 204

EMERGENCIES AND RELEASESIntroduction


40 CFR Topic

Small Quantity Generators

262.16(b)(8) Preparedness and prevention

262.16(b)(9) Emergency procedures and release reporting

Large Quantity Generators

262.250 to 262.256 Preparedness and prevention

262.260 to 262.265

Contingency planning and emergency procedures

262.265 Contingency plan release reporting

265.196(d) Tank release reporting


No matter how well prepared, accidents happen. The EPA requires generators to take precautions to prepare for hazardous waste emergencies by requiring specific equipment be kept on hand, developing emergency response planning, and reporting certain inci-dents in case there is a threat to human health and the environment.

By being prepared for an emergency, gen-erators may be able to reduce or mitigate the severity of the emergency.


The specific emergency planning and reporting requirement that a generator must comply with will depend on a number of fac-tors. At a minimum, the generator will need to know:

• What his or her generator status is (i.e., LQG or SQG).

• What the type(s), quantities, and location of stored hazardous waste are.

• What the potential release scenarios (fires, spills, explosions) for the stored hazard-ous waste are.

• Which personnel will be called upon to respond to hazardous waste releases.

• What on-site capacities are available for responding to hazardous waste emer-gencies.

• What outside resources (e.g., police, fire, hospitals, contractors) they may have to call upon for assisting with hazardous waste emergencies.



Notes:

Page 205

PREPAREDNESS AND PREVENTION40 CFR 262.16(b)(8) and 40 CFR 262.250–262.256

Applicability [40 CFR 262.16(b)(8)(i) and 262.251]

Both small and large quantity generators are required to maintain and operate their facilities so that they minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water that could threaten human health or the environment.

The requirements for preparedness and prevention are found at 40 CFR 262.16(b)(8) for generators following the small quantity generator exemption, and 40 CFR 262.250 through 256 for generators following the large quantity generator exemption. These require-ments apply not only to central accumulation areas, but also any satellite accumulation areas located at the generator’s facility. [40 CFR 262.15(a)(8)]

NOTE: Although they are located in different places in the regulations, the requirements for preparedness and prevention of emergencies are essentially identical for small and large quantity generators.

Required Equipment [40 CFR 262.16(b)(8)(ii) and 262.252]

All areas where hazardous waste is either generated or accumulated at a facility must have the following equipment, unless none of the hazards posed by the wastes could require that particular kind of equipment, or the area does not lend itself for safety reasons to have a particular kind of equipment:

• Internal communications or alarm sys-tem capable of providing voice or signal instructions to personnel

• Telephone or hand-held two-way radio to contact local emergency assistance

• Portable fire extinguishers and/or fire control equipment

• Spill control equipment


Preparedness and Prevention, continued


Page 206

• Decontamination equipment

• Adequate water for fire suppression equipment (e.g., water hose streams, foam-producing equipment, automatic sprinklers, and water spray systems)

Testing and Maintenance of Equipment [40 CFR 262.16(b)(8)(iii) and 262.253]

The following equipment must be tested and maintained to assure its proper operation during an emergency:

• Communications or alarm systems

• Fire protection equipment

• Spill control and decontamination equipment

Access to Communications or Alarm Systems [40 CFR 262.16(b)(8)(iv) and 262.254]

Whenever hazardous waste is being man-aged (i.e., poured, mixed, spread, or otherwise handled), all personnel must have immediate access to an internal alarm or emergency com-munication device either directly or through visual or voice contact with another employee (unless such a device has been determined not to be required).

NOTE: If there is only one employee on the premises while the facility is operating, that employee must have immediate access (e.g., direct or unimpeded access) to a device, such as a telephone or a hand-held two-way radio, capable of summoning external emergency assistance (unless such a device has been determined not to be required).

Required Aisle Space [40 CFR 262.16(b)(8)(v) and 262.255]

The owner or operator of a facility must maintain adequate aisle space to allow the unobstructed movement of personnel and any required equipment during an emergency.



Notes:

Page 207

Preparedness and Prevention, continued

Arrangements With Local Authorities [40 CFR 262.16(b)(8)(vi) and 262.256]

The owner or operator of a facility must make appropriate arrangements with police and fire departments, emergency response teams, equipment suppliers, and local hospi-tals. Generators attempting to make arrange-ments with their local fire departments must determine the potential need for the services of their local police departments, other emer-gency response teams, emergency response contractors, equipment suppliers, and local hospitals.

NOTE: If more than one police or fire depart-ment might respond to an emergency, the gen-erator must attempt to make arrangements designating primary emergency authority to a specific fire or police department, and make arrangements with any others to provide sup-port to the primary emergency authority.

As part of this coordination, generators must attempt to make any organizations pro-viding emergency response services familiar with:

• The layout of the facility.

• The properties of the hazardous waste handled at the facility and associated hazards.

• Places where personnel would normally be working.

• Entrances to roads inside the facility.

• Possible evacuation routes.

• The types of injuries or illnesses that could result from fires, explosions, or releases at the facility.

NOTE: Arrangements may be made with the Local Emergency Planning Committee (LEPC), if it is determined to be the appropriate organi-zation with which to make arrangements.

Documentation of Arrangements

Generators must maintain records docu-menting the arrangements with the local fire department as well as any other organization that will be responding to an emergency. The generator must either confirm in the operat-ing record that such arrangements actively exist, or confirm that attempts to make such arrangements were made, but that no arrange-ments actually exist.

Waiver from the Requirements for Making Arrangements With Outside Authorities

A facility that has 24-hour response capa-bilities may seek a waiver from the authority having jurisdiction (AHJ) over the fire code within the facility’s state or locality from the requirement to make arrangements with the local fire department, as well as any other organization necessary to respond to an emer-gency, provided that the waiver is documented in the operating record.



Notes:

Page 208

LARGE QUANTITY GENERATOR CONTINGENCY PLANS40 CFR 262, Subpart M

Applicability and Purpose [40 CFR 262.250 and 262.260]

The requirements for contingency plans at 40 CFR 262.260 through 262.265 apply to generators following the large quantity gener-ator exemption. The contingency plan must be designed to minimize threats to human health or the environment from fires, explosions, and unplanned releases of hazardous waste to the air, soil, or surface water. These require-ments apply not only to central accumulation areas, but also any satellite accumulation areas located at the generator’s facility. [40 CFR 262.17(a)(6)]

Content of a Contingency Plan [40 CFR 262.261]

At a minimum, the plan must:

• Describe actions expected from facility personnel.

• Describe arrangements agreed to by outside emergency authorities.

• List names and emergency telephone numbers for all emergency coordi-nators.

– If more than one person is listed, one person must be identified as the primary coordinator, with others listed in the order in which they will assume responsibility as alternates.

– If the facility has an emergency coor-dinator continuously on duty because it operates 24 hours per day, every day of the year, the plan may list the staffed position (e.g., operations manager, shift coordinator, shift operations supervisor, etc.) as well as an emergency telephone number that can be guaranteed to be answered at all times.

• List emergency equipment, such as fire extinguishing systems, spill control equipment, communications, and alarms.

– Must also include the location, phys-ical description, and a brief outline of equipment capabilities.

• Include an evacuation plan.

– Must describe signal(s) to be used to begin evacuation, evacuation routes, and alternate evacuation routes (where applicable).

Copies of the Contingency Plan [40 CFR 262.262]

A copy of the contingency plan must be maintained at the facility and provided to:

• Local police and fire departments.

• Hospitals.

• State and local emergency response teams.



Notes:

Page 209

Large Quantity Generator Contingency Plans, continued

NOTE: The contingency plan may also be sub-mitted to the Local Emergency Planning Com-mittee, as appropriate.

Contingency Plan Quick Reference Guide [40 CFR 262.262(b)]

Large quantity generators must develop and submit a “quick reference guide” to emergency authorities in addition to their full contingency plan. The requirement to create a quick reference guide applies to any large quantity generator who first becomes subject to the large quantity generator rules after May 30, 2017, OR any large quantity generator who amends a contingency plan after this date.

The quick reference guide must include:

1. The types/names of hazardous wastes (in layman’s terms) and the hazard associated with each hazardous waste present at any one time (e.g., toxic paint wastes, spent ignitable solvent, corrosive acid).

2. The estimated maximum amount of each hazardous waste that may be present at any one time.

3. The identification of any hazardous wastes where exposure would require unique or special treatment by medical or hospital staff.

4. A map of the facility showing where hazardous wastes are generated, ac-cumulated and treated and routes for accessing these wastes.

5. A street map of the facility in relation to surrounding businesses, schools and residential areas to understand how best to get to the facility and also evacuate citizens and workers.

6. The locations of water supplies (e.g., fire hydrant and its flow rate).

7. The identification of on-site notification systems (e.g., a fire alarm that rings off site, smoke alarms).

8. The name of the emergency coordina-tor(s) and 7/24-hour emergency tele-phone number(s) or, in the case of a facility where an emergency coordinator is continuously on duty, the emergency telephone number for the emergency coordinator.

Amendments to the Contingency Plan and Quick Reference Guide [40 CFR 262.262(c) and 262.263]

The contingency plan and quick reference guide must be reviewed and immediately amended and new copies must be distributed whenever:

• Applicable regulations are revised.

• The plan fails in an emergency.

• The facility changes in a way that:

– Increases the potential for fires, explo-sions, or releases of hazardous waste.

– Changes the response necessary in an emergency.



Notes:

Page 210

Large Quantity Generator Contingency Plans, continued

• The list of emergency coordinators changes.

• The list of emergency equipment changes.

Emergency Coordinators [40 CFR 262.264]

There must be at least one employee either at the facility or “on call” at all times who is responsible for coordinating all emergency response measures.

“On call” means that the coordinator is available to respond to an emergency by reach-ing the facility within a short period of time.

In addition, the emergency coordinator must be authorized to commit all the resources that are necessary to carry out the contingency plan.

Responsibilities of Emergency Coordinators

The emergency coordinator must be thor-oughly familiar with:

• All aspects of the facility’s contingency plan.

• All operations and activities at the facility.

• The location and characteristics of waste handled.

• The location of all records within the facility.

• The layout of the facility.



Notes:

Page 211

EMERGENCY PROCEDURES FOR LARGE QUANTITY GENERATORS40 CFR 262.265

During an emergency involving hazard-ous waste, large quantity generators must implement specific procedures.

Initial Response to Imminent or Actual Emergency [40 CFR 262.265(a)]

Whenever there is an imminent or actual emergency situation, the emergency coordina-tor must immediately:

• Activate the alarms and/or communica-tion systems to notify facility personnel.

• Notify State and/or local agencies with designated response roles if their help will be needed.

Situation Assessment [40 CFR 262.265(b) and (c)]

Whenever there is an actual release, fire, or explosion, the emergency coordinator must immediately:

• Identify the character, source, amount, and extent of any released material.

• Assess possible hazards to human health or the environment. The assessment must consider both direct and indirect effects of the release, fire, or explosion.

Initial Notifications [40 CFR 262.265(d)]

If the emergency coordinator determines that the facility has had a release, fire, or explo-sion that could threaten human health or the environment outside the facility, they must:

• Notify local authorities if the evacuation of local areas is determined to be nec-essary.

NOTE: The emergency coordinator must also be available to help the appropriate officials decide whether local areas should be evacuated.

• Notify either the government official des-ignated as the on-scene coordinator or the National Response Center.

Implementation of Contingency Plan [40 CFR 262.265(e) and (f)]

If, as a result of the hazard assessment, the emergency coordinator determines that the fire, explosion, or release of hazardous waste or hazardous waste constituents could threaten human health or the environment inside or outside the facility, then the coordi-nator must implement the plan AND:

• Take reasonable measures to ensure that fires, explosions, and releases do not oc-cur, recur, or spread.



Notes:

Page 212

Emergency Procedures for Large Quantity Generators, continued

• Where applicable, stop processes and op-erations, collect and contain wastes, and remove or isolate containers.

• Monitor for leaks, pressure buildup, gas generation, and equipment ruptures if op-erations are shut down.

Post-emergency Response Actions [40 CFR 262.265(g) and (h)]

Immediately after an emergency, the emer-gency coordinator must:

• Provide for treating, storing, or disposing of recovered waste, contaminated soil, surface water, or any other material that resulted from the emergency.

• Ensure that no waste that is incompati-ble with the released material is treated, stored, or disposed of until the cleanup procedures are complete.

• Ensure all emergency equipment is cleaned and ready for use.

Prior to resuming operations at the facility, the owner or operator of the facility must notify the department and local authorities that the facility has handled post-cleanup activities in compliance with all of these requirements.

Documentation of the Event [40 CFR 262.265(i)]

The owner or operator of the facility must note in the operating record of the facility the time, date, and details of any incident that required the contingency plan to be imple-mented. In addition, within 15 days, a report on the incident must be submitted to the Regional Administrator.



Notes:

Page 213

SMALL QUANTITY GENERATOR EMERGENCY PLANNING40 CFR 262.16(b)(9)

Applicability

These regulations are applicable to gener-ators following the small quantity generator exemption at 40 CFR 262.16. These require-ments apply not only to central accumulation areas, but also to any satellite accumulation areas located at the generator’s facility.

Emergency Procedures

Generators must comply with the follow-ing requirements:

• An emergency coordinator must be either on the premises or on call at all times (and available to respond to an emergency by reaching the facility within a short period of time).

• The following information must be post-ed next to telephones or in areas directly involved in the generation and accumula-tion of hazardous waste:

– The name and telephone number of the emergency coordinator

– The location of fire extinguishers, spill control material, and fire alarm

– The telephone number of the fire de-partment (unless the facility has a direct alarm)

• Employees must be familiar with proper waste handling and emergency proce-dures.

Responsibilities of Emergency Coordinators

The emergency coordinator must respond to emergencies as follows:

• Consider whether a fire can be extin-guished with a fire extinguisher. If not, call the fire department.

• Contain and clean up spills.

• Notify the National Response Center (NRC) immediately in the event of a fire, explosion, or release of hazardous waste that could threaten human health outside the facility or when the generator has knowledge that a spill has reached sur-face water.



Page 214

REQUIRED POSTED INFORMATION FOR SMALL QUANTITY GENERATORS

40 CFR 262.16(b)(9)(ii)

Sample Telephone Poster

Facility Emergency Coordinator

Name: Princess Toadstool Extension: 123

Off-Hours Contact: (123) 456-7890

Local Fire Department

Phone: 911 or (123) 456-9876

Other Outside Response Agencies (Optional)

Name: Bowser Medical Center Phone: (123) 456-9999

Name: Luigi’s Poison Control Phone: (123) 456-6666

Name: National Response Center Phone: (800) 424-8802

Facility Emergency Equipment Locations (Diagrams Are Acceptable)

Fire alarm: Located by the entrance door on wall

Spill control: Located by the sink

Fire extinguisher #1: Under the sink Fire extinguisher #2: Located by entrance door on the wall



Notes:

Page 215

RELEASE REPORTING

De-Containment

For purposes of this discussion, a de- containment means a loss of some degree of physical control over a material.

There are many release reporting require-ments mandated by regulations. The following five properties will determine the appropriate response.

Five Properties of De-Containment

1. Material: What, specifically, is de- contained?

2. Magnitude: How much material is in-volved?

3. Source: Where did the de-containment originate?

4. Frequency/Duration: What is the time frame over which de-containment occurs (e.g., one-time spill, periodic “dribbling,” continuous leak)?

5. Fate: Where does the de-contained ma-terial go to? (For example, secondary containment, parking lot, soil, water, air, human exposure.)



Notes:

Page 216

RCRA RELEASE REPORTING

Generators of hazardous waste using the large quantity generator exemption [40 CFR 262.17] must also comply with contingency planning and emergency procedure rules at 40 CFR 262, Subpart M.

Emergency procedures must be carried out whenever there is an actual or imminent hazardous waste emergency.

Large Quantity Generator Telephone Notifications [40 CFR 262.265(d)]

If the emergency coordinator determines that the facility has had a fire, explosion, or release of hazardous waste that could threaten human health or the environment outside the facility, they must:

• Implement the contingency plan.

• Immediately notify the following by phone:

– Local authorities, if local areas should be evacuated.

NOTE: The emergency coordinator must also be available to help the appropriate officials decide whether local areas should be evacuated.

– The government official designated as the on-scene coordinator for the area or the National Response Center (NRC) at (800) 424-8802.

Required Information

The notification must provide the follow-ing information:

1. Name and telephone number of the per-son reporting the incident

2. Name and address of the facility

3. Time and type of incident (fire, explosion, etc.)

4. Name and quantity of materials involved, if known

5. The extent of injuries, if any

6. The possible hazards to human health or the environment outside the facility



Notes:

Page 217

RCRA Release Reporting, continued

Large Quantity Generator Written Reports [40 CFR 262.265(i)]

If the emergency coordinator implements the facility’s contingency plan in response to a hazardous waste emergency, they must submit a written report to the EPA or authorized State agency within 15 days of the incident.

NOTE: ALL incidents that require contingency plan implementation must be reported in writing, whether a telephone notification was required or not.


The written report must provide the fol-lowing information:

1. Name, address, and telephone number of the facility

2. Date, time, and type of incident (fire, explosion, etc.)

3. Name and quantity of materials involved, if known

4. The extent of injuries, if any

5. An assessment of actual or potential haz-ards to human health or the environment, where this is applicable

6. Estimated quantity and disposition of recovered material that resulted from the incident

Large Quantity Generator Tank Release Notifications and Reports [40 CFR 265.196(d)]

In the event of a release to the environ-ment from a hazardous waste storage tank, a notification must be made to the EPA Regional Administrator or authorized State agency UNLESS the release is equal to or less than 1 lb. and is immediately contained and cleaned up. The notification must be made within 24 hours of detecting the release. If the release has been reported pursuant to 40 CFR 302 (CERCLA), that report will satisfy this requirement.

Follow-up Written Report

Within 30 days of a release from a hazard-ous waste storage tank, a written report must be submitted to the Regional Administrator or the authorized State agency. The report must include the following information:

1. Likely route of migration of the release

2. Characteristics of the surrounding soil (geology, hydrogeology, soil composition, climate)

3. Results of any monitoring or sampling conducted in conjunction with the release



Notes:

Page 218

RCRA Release Reporting, continued

4. Proximity to downgradient drinking wa-ter, surface water, and population areas

5. Description of response actions taken or planned

Small Quantity Generator Telephone Notifications [40 CFR 262.16(b)(9)(iv)]

In the event of a fire, explosion, or other release that could threaten human health out-side the facility or when the generator has knowledge that a spill has reached surface water, the generator must immediately notify the National Response Center at (800) 424-8802.


The notification must provide the follow-ing information:

1. Generator’s name, address, and EPA ID number

2. Date, time, and type of incident

3. Quantity and type of hazardous waste involved in the incident

4. Extent of any injuries

5. Estimated quantity and disposition of recovered materials



Notes:

Page 219

CERCLA RELEASE REPORTING40 CFR 302

The Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) requires the EPA to designate “hazardous substances” and to provide “report-able quantities” (RQs) for each substance. The current list of hazardous substances and RQs is found at 40 CFR 302.

Part 302 also requires notification of any release of a hazardous substance in an amount equal to or in excess of its RQ.

Conditions for Reporting CERCLA Releases

Under CERCLA, reporting is required any time there is a release from a facility into the environment in an amount equal to or in excess of its reportable quantity within a 24-hour period (other than a Federally permitted release).

NOTE: Cleanup and notification are two dif-ferent issues. Complying with the notification requirements does not absolve the facility from cleaning up any release, nor does releasing less than an RQ of any hazardous substance remove the cleanup requirement.

Key Definitions [40 CFR 302.3]

Environment: means (1) the navigable waters, the waters of the contiguous zone, and the ocean waters of which the natural resources are under the exclusive manage-ment authority of the United States under the Fishery Conservation and Manage-ment Act of 1976, and (2) any other sur-face water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the United States or under the jurisdiction of the United States.

Facility: means (1) any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or pub-licly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, land-fill, storage container, motor vehicle, roll-ing stock, or aircraft, or (2) any site or area where a hazardous substance has been deposited, stored, disposed of, or placed, or otherwise come to be located; but does not include any consumer product in con-sumer use or any vessel.

Release: under CERCLA, means any spill-ing, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles containing any hazardous substance or pollutant or con-taminant)....



Notes:

Page 220

CERCLA Release Reporting, continued

Reportable quantity, or RQ: means that quan-tity, as set forth in 40 CFR 302, the release of which requires notification pursuant to this part.

Substances Covered [40 CFR 302.4]

All RCRA hazardous wastes are considered to be CERCLA hazardous substances.

It is important to note that the CERCLA list of hazardous substances is more encom-passing and includes materials that are not RCRA hazardous wastes.

When and Who to Notify [40 CFR 302.6]

Notification must be made immediately upon discovery of a release equal to or in excess of an RQ by calling the National Response Center (NRC) at (800) 424-8802 or in Washing-ton, D.C. at (202) 267-2675. If you suspect that an RQ has been exceeded, you should make the notification without delay even if you hav-en’t completed your calculations.

What Information to Provide

An NRC representative may ask for the following information:

1. The facility’s name, address, and phone number

2. The chemical name of the substance re-leased to the environment

3. How much was released

4. Location of the release

5. When the release happened

6. Why the release occurred

7. Whether the release poses a threat to human health and whether it has caused injuries

8. What type of response assistance is needed

The RQ Table

The reportable quantity (RQ) listings under CERCLA are found in the table at 40 CFR 302.4. The table first lists individual chemicals alpha-betically by chemical name, and then includes listed hazardous wastes (F and K codes), in order, by waste code. Characteristic wastes are listed under “U” for “Unlisted Hazardous Waste Characteristics.”

For each hazardous substance, the table gives information. Following the table is Appendix A to 40 CFR 302.4, which lists haz-ardous substances by CAS registry number and refers the reader to the chemical name under which that substance may be found in Table 302.4.



Notes:

Page 221


Table 302.4—Excerpt

Hazardous substance CASRN Statutory code✝

RCRA waste no.

Final RQ pounds (kg)

Acetone 67-64-1 4 U002 5000 (2270)

Acetone cyanohydrin 75-86-5 1,4 P069 10 (4.54)

Acetonitrile 75-05-8 3,4 U003 5000 (2270)

Acetophenone 98-86-2 3,4 U004 5000 (2270)

2-Acetylaminofluorene 53-96-3 3,4 U005 1 (0.454)

Acetyl bromide 506-96-7 1 5000 (2270)

Aldicarb 116-06-3 4 P070 1 (0.454)

Aldicarb sulfone 1646-88-4 4 P203 100 (45.4)

Aldrin 309-00-2 1,2,4 P004 1 (0.454)

Allyl alcohol 107-18-6 1,4 P005 100 (45.4)

Allyl chloride 107-05-1 1,3 1000 (454)

Hazardous substance: – Listed alphabetically by chemical/compound

– F and K Lists are located at the end of alphabetical list

– Characteristic wastes are located alphabetically under “U” for “Unlisted Hazardous Wastes”

Chemical Abstracts Service Registry

Number

Statutory code as described in the note preceding Table 302.4. The code indicates the source for designating

each substance.

Hazardous waste code. Only applies to materials that are RCRA hazardous wastes. The table has ad-ditional materials that are not necessarily hazardous

wastes.

Reportable quantity in pounds and kilograms.

The only RQ amounts on this table are 1, 10, 100,

1,000, and 5,000 pounds.



Notes:

Page 222


Follow-up Reports

The NRC’s primary role is to disseminate the information you report by telephone to the proper emergency response authorities. Writ-ten reports are required only if requested by the NRC or another agency.

Releases Exempt from Reporting

Under CERCLA, “Federally permitted releases” to the environment are not required to be reported. Determining whether or not a release is covered by a permit can be difficult. The EPA issued a guidance document to assist in making this determination for air emissions. [67 FR 18899, April 17, 2002]

State Release Reporting

Remember that your state may have additional environmental incident reporting requirements. These rules apply in addition to CERCLA reporting.



Notes:

Page 223

DETERMINING CERCLA REPORTABLE QUANTITIES40 CFR 302

Determining RQs for Single Chemicals or Compounds

The EPA has determined reportable quantities (RQs) for single chemicals and compounds. These materials are listed in alphabetical order at 40 CFR 302.4 with their associated RQ.

Determining RQs for Mixtures of Chemicals

Hazardous substances are often mixtures of many materials and not single chemicals. If you have a mixture of chemicals, you have two options for determining the RQ for the material.

Option 1: Use the Lowest RQ of All the Constituents Present in the Blend

If you have a blend that is made up of two or more hazardous substances, you could simply identify the RQ for each constituent, and then choose the lowest RQ for the mixture.

For example, suppose you had a material that was composed of methanol and toluene. The RQ for methanol is 5,000 lbs. The RQ for toluene is 1,000 lbs. Therefore, you could choose the lower RQ of 1,000 lbs. to use when determining whether or not you had released an amount that required reporting under CERCLA.

Option 2: Use the Clean Water Act (CWA) Mixture Rule to Determine the RQ for the Blend

There is an alternative to simply choosing the lowest RQ for a mixture, if certain condi-tions are met: Use the CWA Mixture Rule to calculate the RQ for the mixture. In order to do so, generators must know:

1. All the constituents in the specific mix-ture.

2. The concentration of each constituent in the mixture.

3. At least one of the constituents in the mix-ture appears on the table at 40 CFR 302.4.

The RQ of a blend can be determined by the CWA Mixture Rule using the following formula:

This will determine how much of the mixture would need to be spilled in order to release a reportable quantity of each constitu-ent. The lowest calculated RQ would then be used as the RQ for the mixture, since once that amount has spilled, an RQ has been released.

RQ (Mixture) = RQ (Constituent)

Wt. Fraction (Constituent)



Notes:

Page 224

Determining CERCLA Reportable Quantities, continued

CWA Mixture Rule: Example 1

A material is comprised of 50% acetic acid, 25% acetaldehyde, and 25% acrylonitrile.

Since we know everything in the waste and how much of each constituent is present we can use the CWA Mixture Rule to deter-mine the mixture’s RQ.

We would then look up each chemical’s RQ, and then divide the RQ by the amount (weight fraction) of the material present in the blend.

Acetic acid has an RQ of 5,000 lbs. 5,000 ÷ 0.50 = 10,000 lbs.

Acetaldehyde has an RQ of 1,000 lbs. 1,000 ÷ 0.25 = 4,000 lbs.

Acrylonitrile has an RQ of 100 lbs. 100 ÷ 0.25 = 400 lbs.

Answer: RQ of 400 lbs. for the mixture

In other words, to release 100 pounds of the acrylonitrile, we would have to release 400 lbs. of the mixture.

CWA Mixture Rule: Example 2

A material is comprised of 50% acetic acid, 25% acetaldehyde, and 25% ethyl alcohol.

Since we know everything in the waste and how much of each constituent is present we can use the CWA Mixture Rule to deter-mine the mixture’s RQ.

We would then look up each chemical’s RQ, and then divide the RQ by the amount (weight fraction) of the material present in the blend.

Acetic acid has an RQ of 5,000 lbs. 5,000 ÷ 0.50 = 10,000 lbs.


Ethyl alcohol is not on the CERCLA list, so it has no RQ.

Answer: RQ of 4,000 lbs. for the mixture

NOTE: Even though one of the chemicals is not actually on the CERCLA list, the CWA Mixture Rule can still be used to calculate an RQ for the blend. The requirements for using the CWA Mixture Rule are only that we know everything present in the blend, and that we know the amount present of each constituent in the blend. It is not, however, necessary for all the constituents to be present on CERCLA’s list to use the CWA Mixture Rule to calculate an RQ.



Notes:

Page 225

DETERMINING CERCLA REPORTABLE QUANTITIES FOR HAZARDOUS WASTES

Since all hazardous wastes are CERCLA hazardous substances, all hazardous wastes are assigned RQs.

Determining RQs for Listed Hazardous Wastes

P-listed and U-listed Hazardous Wastes

The P- and U-listed wastes are single chemicals or compounds. Therefore, if you have a P- or U-listed waste, you simply look for the chemical or compound name on CERCLA’s list and use the associated RQ.

F-listed and K-listed Hazardous Wastes

The RQs for wastes that have been assigned F and K codes are found at the end of Table 302.4. Generally, these RQs apply to the entire waste, not just to hazardous constit-uents. The one exception is for spent solvents, waste numbers F001–F005. The RQs for spent solvents are for the solvent constituents. These may be adjusted for the concentration of sol-vent actually present (if known) according to the Clean Water Act (CWA) mixture rule. [50 FR 13463, April 4, 1985]

Determining RQs for Characteristic Hazardous Wastes

The RQs for wastes that have been assigned D codes are listed on Table 302.4 alphabetically, at “U” for “Unlisted Hazardous Wastes Char-

acteristic of ______.” These RQs apply to the entire waste, not just to its hazardous constit-uents. These codes are only used if none of the constituents are listed on CERCLA’s RQ list, or there are unknown materials in the waste.

NOTE: The term “Unlisted Hazardous Wastes” does not in any way refer to the concept of being a “listed” vs. being a “characteristic” hazardous waste. As used here, the term refers to whether or not any of the constituents pres-ent in the waste are identified (listed) on CER-CLA’s list at 40 CFR 302.4.

The EPA discusses this situation in the April 4, 1985, Federal Register:

“If an unlisted [characteristic] waste is analyzed and the concentration of all its hazardous components are identified, the waste is no longer an unlisted waste... the specific substances present will deter-mine the applicable RQ in accordance with the... mixture rule.” [50 FR 13472, April 4, 1985]

“The Agency emphasizes that, for CER-CLA purposes, the CWA Mixture Rule applies to ICRE wastes and to the RCRA F and K waste streams (all of which tend to be mixtures), if the concentrations of all the hazardous substances are known, the RQ of the waste stream or unlisted waste applies.” [50 FR 13463, April 4, 1985]



Notes:

Page 226

Determining CERCLA Reportable Quantities for Hazardous Wastes, continued

Example 1: D002 corrosive waste, constituents unknown

In this example, we do not know what con-stituents are in the waste. We simply know it is a corrosive waste. Therefore, we use the waste code to determine the RQ for the unknown hazardous waste.

The RQ for the D002 waste code is found alphabetically under “U” for “Unlisted Haz-ardous Wastes Characteristic of Corrosivity.” It is 100 lbs.

Answer: RQ of 100 lbs.

Example 2: Unused sulfuric acid

In this example, we have a material that is listed on the table at 40 CFR 302.4. Therefore, we simply look up the chemical name alpha-betically to determine the RQ.

Sulfuric acid is listed in CERCLA’s table with an RQ of 1,000 lbs.

Answer: RQ of 1,000 lbs.

Example 3: Waste sulfuric acid that carries the D002 waste code

In this example, we have a material that is listed at 40 CFR 302.4, but it also is a hazardous waste carrying the waste code of D002.

Since the material is on the CERCLA list, we go by the listed RQ and ignore the RQ for the characteristic waste code.

Answer: RQ of 1,000 lbs. for sulfuric acid

Example 4: Waste solvent blend containing 50% acetaldehyde, 25% ethanol, and 25% isopropanol and that carries the D001 waste code

In this example, we have one constituent that is listed at 40 CFR 302.4, acetaldehyde, and two constituents that are not on the list, ethanol and isopropanol.

Since we know everything that is present in the waste and at least one of the constituents is identified on CERCLA’s RQ list, we can use the CWA Mixture Rule to calculate the RQ.


Answer: RQ of 2,000 lbs. for the blend

Example 5: Waste solvent blend containing 50% ethanol and 50% isopropanol that carries the D001 waste code

Neither ethanol nor isopropanol are listed on CERCLA’s RQ list at 40 CFR 302.4. Since there are no listed hazardous substances pres-ent in the waste, you must use the “Unlisted Hazardous Wastes” RQ regardless of whether or not you know all constituents.

The RQ for the D001 waste code is found alphabetically under “U” for “Unlisted Haz-ardous Wastes Characteristic of Ignitability.” It is 100 lbs.

Answer: RQ of 100 lbs. for the blend



Notes:

Page 227

Determining CERCLA Reportable Quantities for Hazardous Wastes, continued

Example 6: Spent solvent blend containing 90% methyl ethyl ketone and 10% unknown constituents, that carries the F005, D001, and D035 waste codes

In this example, we do not know every-thing in the waste and therefore cannot use the CWA Mixture Rule to calculate the RQ. In this case, we would have to use an RQ for one of the waste codes.

The RQ for F005 is 100 lbs.

The RQ for D001 Unlisted Hazardous Wastes Characteristic of Ignitability is 100 lbs.

The RQ for D035 methyl ethyl ketone is 5,000 lbs.

Answer: RQ of 100 lbs., since this is the lowest RQ of the choices available



Page 228

LIST OF HAZARDOUS SUBSTANCES AND RQS40 CFR 302.4, Excerpt

Hazardous substance CASRNStatutory

code†RCRA waste

No.Final RQ

pounds (Kg)

Acetaldehyde 75-07-0 1,3,4 U001 1000 (454)

Acetic acid 64-19-7 1 5000 (2270)

Acetone 67-64-1 4 U002 5000 (2270)

Acrylonitrile 107-13-1 1,2,3,4 U009 100 (45.4)

Aldrin 309-00-2 1,2,4 P004 1 (0.454)

Benzenea 71-43-2 1,2,3,4 U019 10 (4.54)

Carbon tetrachloride 56-23-5 1,2,3,4 U211 10 (4.54)

Chloroform 67-66-3 1,2,3,4 U044 10 (4.54)

Chromic acid 11115-74-57738-94-5

1 10 (4.54)

Chromic sulfate 10101-53-8 1 1000 (454)

Chromium †† 7440-47-3 2 5000 (2270)

CHROMIUM AND COMPOUNDS N.A. 2,3 **

Chromium Compounds N.A. 2,3 **

Chromous chloride 10049-05-5 1 1000 (454)

Copper†† 7440-50-8 2 5000 (2270)

Ethyl acetate 141-78-6 4 U112 5000 (2270)

Ethylene oxide 75-21-8 3,4 U115 10 (4.54)

Formic acid 64-18-6 1,4 U123 5000 (2270)

Hexane 110-54-3 3 5000 (2270)

Hydrazine 302-01-2 3,4 U133 1 (0.454)

Methanol 67-56-1 3,4 U154 5000 (2270)

Methylene chloride 75-09-2 2,3,4 U080 1000 (454)

Methyl ethyl ketone 78-93-3 3,4 U159 5000 (2270)

Potassium hydroxide 1310-58-3 1 1000 (454)

Silver †† 7440-22-4 2 1000 (454)

SILVER AND COMPOUNDS N.A. 2 **

Sodium hydroxide 1310-73-2 1 1000 (454)

Sulfuric acid7664-93-9 8014-95-7

1 1000 (454)

Toluene 108-88-3 1,2,3,4 U220 1000 (454)

Trichloroethylene 79-01-6 1,2,3,4 U228 100 (45.4)

Unlisted Hazardous Wastes Characteristic of Corrosivity N.A. 4 D002 100 (45.4)

Unlisted Hazardous Wastes Characteristic of Ignitability N.A. 4 D001 100 (45.4)


List of Hazardous Substances and RQs, continued


Page 229


code†RCRA waste

No.Final RQ

pounds (Kg)

Unlisted Hazardous Wastes Characteristic of Reactivity N.A. 4 D003 100 (45.4)

Unlisted Hazardous Wastes Characteristic of Toxicity:

Arsenic (D004) N.A. 4 D004 1 (0.454)

Barium (D005) N.A. 4 D005 1000 (454)

Benzene (D018) N.A. 1,2,3,4 D018 10 (4.54)

Cadmium (D006) N.A. 4 D006 10 (4.54)

Carbon tetrachloride (D019) N.A. 1,2,4 D019 10 (4.54)

Chlordane (D020) N.A. 1,2,4 D020 1 (0.454)

Chlorobenzene (D021) N.A. 1,2,4 D021 100 (45.4)

Chloroform (D022) N.A. 1,2,4 D022 10 (4.54)

Chromium (D007) N.A. 4 D007 10 (4.54)

o-Cresol (D023) N.A. 4 D023 100 (45.4)

m-Cresol (D024) N.A. 4 D024 100 (45.4)

p-Cresol (D025) N.A. 4 D025 100 (45.4)

Cresol (D026) N.A. 4 D026 100 (45.4)

2,4-D (D016) N.A. 1,4 D016 100 (45.4)

1,4-Dichlorobenzene (D027) N.A. 1,2,4 D027 100 (45.4)

1,2-Dichloroethane (D028) N.A. 1,2,4 D028 100 (45.4)

1,1-Dichloroethylene (D029) N.A. 1,2,4 D029 100 (45.4)

2,4-Dinitrotoluene (D030) N.A. 1,2,4 D030 10 (4.54)

Endrin (D012) N.A. 1,4 D012 1 (0.454)

Heptachlor (and epoxide) (D031) N.A. 1,2,4 D031 1 (0.454)

Hexachlorobenzene (D032) N.A. 2,4 D032 10 (4.54)

Hexachlorobutadiene (D033) N.A. 2,4 D033 1 (0.454)

Hexachloroethane (D034) N.A. 2,4 D034 100 (45.4)

Lead (D008) N.A. 4 D008 10 (4.54)

Lindane (D013) N.A. 1,4 D013 1 (0.454)

Mercury (D009) N.A. 4 D009 1 (0.454)

Methoxychlor (D014) N.A. 1,4 D014 1 (0.454)

Methyl ethyl ketone (D035) N.A. 4 D035 5000 (2270)

Nitrobenzene (D036) N.A. 1,2,4 D036 1000 (454)

Pentachlorophenol (D037) N.A. 1,2,4 D037 10 (4.54)

Pyridine (D038) N.A. 4 D038 1000 (454)

Selenium (D010) N.A. 4 D010 10 (4.54)

Silver (D011) N.A. 4 D011 1 (0.454)

Tetrachloroethylene (D039) N.A. 2,4 D039 100 (45.4)

Toxaphene (D015) N.A. 1,4 D015 1 (0.454)

Trichloroethylene (D040) N.A. 1,2,4 D040 100 (45.4)


List of Hazardous Substances and RQs, continued


Page 230


code†RCRA waste

No.Final RQ

pounds (Kg)

2,4,5-Trichlorophenol (D041) N.A. 1,4 D041 10 (4.54)

2,4,6-Trichlorophenol (D042) N.A. 1,2,4 D042 10 (4.54)

2,4,5-TP (D017) N.A. 1,4 D017 100 (45.4)

Vinyl chloride (D043) N.A. 2,3,4 D043 1 (0.454)

F004The following spent non-halogenated solvents and the still

bottoms from the recovery of these solvents:4 F004 100 (45.4)

(a) Cresols/Cresylic acid 1319-77-3 1,3,4 U052 100 (45.4)

(b) Nitrobenzene 98-95-3 1,2,3,4 U169 1000 (454)

F005The following spent non-halogenated solvents and the still

bottoms from the recovery of these solvents:4 F005 100 (45.4)

(a) Toluene 108-88-3 1,2,3,4 U220 1000 (454)

(b) Methyl ethyl ketone 78-93-3 3,4 U159 5000 (2270)

(c) Carbon disulfide 75-15-0 1,3,4 P022 100 (45.4)

(d) Isobutanol 78-83-1 4 U140 5000 (2270)

(e) Pyridine 110-86-1 4 U196 1000 (454)

K001Bottom sediment sludge from the treatment of wastewaters

from wood preserving processes that use creosote and/or pentachlorophenol.

4 K001 1 (0.454)

K002Wastewater treatment sludge from the production of chrome

yellow and orange pigments.4 K002 10 (4.54)

†† No reporting of releases of this hazardous substance is required if the diameter of the pieces of the solid metal released is larger than 100 micrometers (0.004 inches).

** Indicates that no RQ is being assigned to the generic or broad class.a Benzene was already a CERCLA hazardous substance prior to the CAA Amendments of 1990 and received an adjusted

10-pound RQ based on potential carcinogenicity in an August 14, 1989, final rule (54 FR 33418). The CAA Amendments specify that “benzene (including benzene from gasoline)” is a hazardous air pollutant and, thus, a CERCLA hazardous substance.



Notes:

Page 231

SARA TITLE III RELEASE REPORTING40 CFR 355

SARA Title III = EPCRA

Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA) is also known as the Emergency Planning and Community Right-to-Know Act, or EPCRA.

Requires Release Reporting

Among other provisions, EPCRA required the EPA to establish a nationwide system of State Emergency Response Commissions (SERCs) and Local Emergency Planning Com-mittees (LEPCs) for chemical emergency plan-ning and response purposes.

EPCRA also required the EPA to establish a list of “extremely hazardous substances” (EHSs). An EHS is a chemical that could cause an immediate public health threat if released. EHSs include such chemicals as fuming sulfu-ric acid that could cause respiratory problems, and poison gases that could cause immediate death. For each EHS, the EPA designates a “reportable quantity” (RQ).

40 CFR 355 designates EHSs and RQs. It also requires immediate reporting for releases of these and additional reporting for CERCLA hazardous substance releases.

Substances Covered

The following materials are subject to these rules:

• Extremely hazardous substances (listed in 40 CFR 355, Appendix A)

• CERCLA hazardous substances (listed in 40 CFR 302.4), including all RCRA haz-ardous wastes

Key Definitions [40 CFR 355.61]

Environment: includes water, air, and land and the interrelationship that exists among and between water, air, and land and all living things.

Facility: means all buildings, equipment, structures, and other stationary items that are located on a single site or on contigu-ous or adjacent sites and that are owned or operated by the same person (or by any person that controls, is controlled by, or under common control with, such person). Facility includes man-made structures, as well as all natural structures in which chemicals are purposefully placed or removed through human means such that it functions as a containment structure for human use. For purposes of emergency release notification, the term includes motor vehicles, rolling stock, and aircraft.



Notes:

Page 232

SARA Title III Release Reporting, continued

Release: means any spilling, leaking, pump-ing, pouring, emitting, emptying, discharg-ing, injecting, escaping, leaching, dump-ing, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles) of any hazardous chemical, EHS, or CERCLA hazardous substance.

Telephone Notifications [40 CFR 355, Subpart C]

Under What Circumstances

The owner or operator of a facility must immediately report the release of any EHS or CERCLA hazardous substance, if:

• The amount that is released in any 24-hour period equals or exceeds the RQ; and

• The release could result in exposure to anyone “outside the boundaries of the fa-cility” (in other words, if the release could pose a threat to anyone off site).

When to Notify

Immediate notification is required.

Who to Notify

• The Community Emergency Coordinator (CEC) for the Local Emergency Planning Committee of any area potentially affect-ed by the release, and

• The State Emergency Response Commis-sion of any state likely to be affected by the release. [40 CFR 355.42]

What Information to Provide

“To the extent known at the time of notice and so long as no delay in notice or emer-gency response results,” the notification must include:

1. The chemical name or identity of any substance involved in the release.

2. An indication of whether the substance is an extremely hazardous substance.

3. An estimate of the quantity that was re-leased into the environment.

4. The time and duration of the release.

5. The media into which the release oc-curred.

6. Any known or anticipated acute or chron-ic health risks associated with the emer-gency and, where appropriate, advice regarding medical attention necessary for exposed individuals.

7. Precautions to take as a result of the re-lease, including evacuation.

8. Contact names and telephone numbers for further information.

Follow-up Written Report

The owner or operator of the facility must also provide a written follow-up “emergency notice” as soon as practicable after a release requiring notification as described above. The report must include:


SARA Title III Release Reporting, continued


Page 233

1. Actions taken to respond to and contain the release.

2. Any known or anticipated acute or chron-ic health risks associated with the release.

3. Where appropriate, advice regarding medical attention necessary for exposed individuals.

Follow-up reports must be sent to anyone notified of the release. If more information becomes available, additional follow-up reports must be made.

List of Extremely Hazardous Substances and Their Threshold Planning Quantities [40 CFR 355]

Sample

CAS No. Chemical Name NotesReportable

quantity (pounds)

Threshold planning quantity

(pounds)

75-86-5 Acetone Cyanohydrin 10 1,000

107-13-1 Acrylonitrile f 100 10,000

309-00-2 Aldrin 1 500/10,000

7726-95-6 Bromine f 500 500

7782-50-5 Chlorine 10 100

50-00-0 Formaldehyde f 100 500

7722-84-1 Hydrogen Peroxide (Conc > 52%) f 1,000 1,000

7580-67-8 Lithium Hydride a 100 100

16752-77-5 Methomyl d 100 500/10,000

624-83-9 Methyl Isocyanate 10 500

7697-37-2 Nitric Acid 1,000 1,000

98-95-3 Nitrobenzene f 1,000 10,000

10028-15-6 Ozone 100 100

108-95-2 Phenol 1,000 500/10,000

75-44-5 Phosgene f 10 10

151-50-8 Potassium Cyanide a 10 100

506-61-6 Potassium Silver Cyanide a 1 500

107-44-8 Sarin d 10 10

7664-93-9 Sulfuric Acid 1,000 1,000

75-74-1 Tetramethyllead b, f 100 100

81-81-2 Warfarin 100 500/10,000

1314-84-7 Zinc Phosphide a 100 500



Page 234

COM

MO

N R

ELEA

SE R

EPO

RTIN

G R

EQU

IREM

ENTS

Law

Reg

ula

tion

Age

ncy

Mat

eria

l Cov

ered

Rep

ort W

hat

?To

Wh

om/H

ow?

Wh

en?

Foll

ow-U

p

Rep

ort?

RC

RA

40 C

FR

262.

265(

d)

EPA

Haz

ard

ous

Was

te –

ap

plie

s to

LQ

Gs

Any

fire

, exp

losi

on, o

r re

leas

e th

at c

ould

thre

aten

hum

an h

ealt

h or

the

envi

ronm

ent o

utsi

de

the

faci

lity

Loc

al a

utho

riti

es if

eva

c-ua

tion

nec

cess

ary

and

the

Nat

iona

l Res

pons

e C

ente

r (N

RC

) via

tele

phon

e (8

00)

424-

8802

Imm

edia

tely

Yes,

wit

hin

15 d

ays

afte

r in

cid

ent

RC

RA

40 C

FR

265.

196

EPA

Haz

ard

ous

Was

te

Stor

age

Tank

s –

appl

ies

to L

QG

s

Any

rel

ease

to th

e en

viro

nmen

t >

1 lb

. Rel

ease

s ≤

1 lb

. tha

t are

im

med

iate

ly c

lean

ed u

p ar

e ex

clud

ed fr

om r

epor

ting

EPA

Reg

iona

l Ad

min

is-

trat

orW

ithi

n 24

hou

rsYe

s, w

ithi

n 30

day

s of

d

etec

tion

of

rele

ase

RC

RA

40 C

FR

262.

16(b

)(9)

(i

v)

EPA

Haz

ard

ous

Was

te –

ap

plie

s to

SQ

Gs

Any

fire

, exp

losi

on, o

r re

leas

e th

at c

ould

thre

aten

hum

an h

ealt

h ou

tsid

e th

e fa

cilit

y or

a s

pill

reac

hed

sur

face

wat

ers

Nat

iona

l Res

pons

e C

ente

r (N

RC

) via

tele

phon

e (8

00)

424-

8802

Imm

edia

tely

No

RC

RA

Su

btit

le I

40 C

FR 2

80E

PAPe

trol

eum

&

CE

RC

LA

Haz

ard

-ou

s Su

bsta

nces

fr

om U

nder

grou

nd

Stor

age

Tank

s

1. A

ny r

elea

se

2. U

nusu

al o

pera

ting

con

dit

ions

3.

Spi

ll or

ove

rfill

of >

25

gallo

ns

petr

oleu

m o

r ha

zard

ous

sub-

stan

ce ≥

its

RQ

EPA

Reg

iona

l Ad

min

is-

trat

or o

r au

thor

ized

Sta

te

agen

cy

Wit

hin

24 h

ours

No

CE

RC

LA

40 C

FR 3

02E

PAH

azar

dou

s Su

b-st

ance

sA

ny r

elea

se ≥

RQ

in a

ny 2

4-ho

ur

peri

odN

atio

nal R

espo

nse

Cen

ter

Imm

edia

tely

No

SAR

A T

itle

II

I40

CFR

355

EPA

, St

ate

and

L

ocal

Haz

ard

ous

Subs

tanc

es a

nd

Ext

rem

ely

Haz

ard

-ou

s Su

bsta

nces

Any

rel

ease

≥ R

Q in

any

24-

hour

pe

riod

that

may

hav

e of

f-si

te

impa

cts

Loc

al e

mer

genc

y pl

an-

ning

com

mit

tee

and

Sta

te

emer

genc

y re

spon

se

com

mis

sion

s of

any

are

a lik

ely

affe

cted

by

the

rele

ase

Imm

edia

tely

As

soon

as

prac

tica

-bl

e af

ter

a re

leas

e

CW

A40

CFR

110

EPA

Oil

and

Pet

role

um

Prod

ucts

Any

dis

char

ge in

“ha

rmfu

l qu

anti

ties

” (i

nclu

des

any

film

or

dis

colo

rati

on u

pon

the

surf

ace

of

the

wat

er)

Nat

iona

l Res

pons

e C

ente

r C

oast

Gua

rdIm

med

iate

lyN

o

CW

A40

CFR

117

EPA

Haz

ard

ous

Sub-

stan

ces

Any

rel

ease

to n

avig

able

wat

ers

≥ R

Q in

any

24-

hour

per

iod

Coa

st G

uard

Imm

edia

tely

No

CW

A40

CFR

40

3.12

(f)

EPA

Pollu

tant

sA

ny “

slug

load

” th

at c

ould

cau

se

prob

lem

s at

PO

TW

POT

WIm

med

iate

lyN

o

HM

TA49

CFR

17

1.15

–16

DO

TH

azar

dou

s M

ate-

rial

s1.

Spe

cifie

d c

ircu

mst

ance

s 2.

Any

rel

ease

from

pac

kage

1. N

RC

2.

DO

T1.

Imm

edia

tely

2.

Wit

hin

30 d

ays

Yes,

for

both



Management




CONTENTS


Shipping Waste Off Site .....................................................................................................237

The “Ten Steps” vs. 49 CFR ..............................................................................................239

Is It a Hazardous Material? ...............................................................................................241

Hazard Class Definitions ..................................................................................................244

Selecting a Proper Shipping Name ..................................................................................246

Hazardous Materials Table—Table 172.101, Example Entries .....................................248

Marking Requirements for Hazardous Wastes in Non-bulk Packagings ..................249

Shipping Papers .................................................................................................................251

The Uniform Hazardous Waste Manifest .......................................................................254

Completing a Hazardous Waste Manifest ......................................................................259

The Top Portion of the Manifest ......................................................................................260

The Middle Portion of the Manifest ................................................................................262

The Bottom Portion of the Manifest ................................................................................264

Management Method Codes ............................................................................................267

Manifest Discrepancies ......................................................................................................269

Rejected Shipments ............................................................................................................271

Copies of the Paper Manifest and Retention ..................................................................274

Generator Exception Reporting .......................................................................................276

DOT Letter—Training Requirements for Signing Shipping Papers ..........................277

Electronic Manifests ...........................................................................................................278

Off-site Shipments ..............................................................................................................281



Notes:

Page 235


Hazardous material: means a substance or material that the Secretary of Transporta-tion has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has designated as hazardous under section 5103 of Federal hazardous mate-rials transportation law (49 U.S.C. 5103). The term includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table (see 49 CFR 172.101), and materials that meet the defining criteria for hazard classes and divisions in part 173 of subchapter C of this chapter. [49 CFR 171.8]

Hazardous waste: for the US DOT’s pur-poses, means any material that is subject to the Hazardous Waste Manifest Require-ments of the US Environmental Protection Agency specified in 40 CFR part 262. [49 CFR 171.8]

Label: under US DOT rules, is a hazardous material communication device meeting the specifications and standards in 49 CFR 172, Subpart E. Hazard labels are diamond-shaped and communicate the hazard class of the materials in the pack-age. Other precautionary labels are also specified.

Manifest: means the shipping document EPA Form 8700-22 (including, if necessary, EPA Form 8700-22A), originated and signed by the generator or offeror in accordance with the instructions in the appendix to 40 CFR

part 262 and the applicable require-ments of 40 CFR parts 262 through 265. [40 CFR 260.10]

Manifest discrepancies: means (1) Significant differences (as defined by paragraph (b) of this section) between the quantity or type of hazardous waste designated on the manifest or shipping paper, and the quan-tity and type of hazardous waste a facil-ity actually receives; (2) Rejected wastes, which may be a full or partial shipment of hazardous waste that the TSDF cannot accept; or (3) Container residues, which are residues that exceed the quantity limits for “empty” containers set forth in 40 CFR 261.7(b). [40 CFR 265.72(a)]

Manifest tracking number: means the alpha-numeric identification number ( i.e., a unique three letter suffix preceded by nine numerical digits), which is pre-printed in Item 4 of the Manifest by a registered source. [40 CFR 260.10]

Marking: under US DOT rules, means a descriptive name, identification number, instructions, cautions, weight, specifi-cation, or UN marks, or combinations thereof, required by this subchapter on outer packagings of hazardous materials. [49 CFR 171.8]

n.o.s.: Not otherwise specified

PG: Packing group (used in DOT regulations to indicate degree of hazard of materials and level of testing of packaging)



Notes:

Page 236

Acronyms and Key Terms, continued

PHMSA: US DOT’s Pipeline and Hazardous Materials Safety Administration—the agency within DOT that is responsible for the hazardous materials regulations

Proper Shipping Name: under US DOT rules, means the name of the hazardous mate-rial shown in Roman print (not italics) in §172.101 of 49 CFR. [49 CFR 171.8]

RQ: Reportable quantity (for hazardous substances)

Shipping paper: means a shipping order, bill of lading, manifest or other shipping document serving a similar purpose and prepared in accordance with subpart C of part 172 of 49 CFR. [49 CFR 171.8]

Significant discrepancies in quantity: means for bulk waste, variations greater than 10 percent in weight; for batch waste, any variation in piece count, such as a discrep-ancy of one drum in a truckload. [40 CFR 265.72(b)]

Significant discrepancies in type: means obvi-ous differences which can be discovered by inspection or waste analysis, such as waste solvent substituted for waste acid, or toxic constituents not reported on the manifest or shipping paper. [40 CFR 265.72(b)]

Transporter: means a person engaged in the off-site transportation of hazardous waste by air, rail, highway, or water. [40 CFR 260.10]





Notes:

Page 237

SHIPPING WASTE OFF SITEIntroduction


CFR Topic

40 CFR 262.32 Hazardous waste container markings

40 CFR 262, Subpart B

Uniform Hazardous Waste Manifest

49 CFR 171–180 US DOT Hazardous Materials Regulations


Generators are not allowed to accumulate their hazardous wastes for an unlimited period of time. While the waste is being accumulated, the generator must identify the applicable land disposal restriction (LDR) treatment standards and select the appropriate treatment, storage, or disposal facility (TSDF). Before the required accumulation time limits are fulfilled, the gen-erator must begin making preparations for the off-site transfer to the selected TSDF. This will require the generator to manage two regula-tory program requirements concurrently.

Although the EPA retains jurisdiction for off-site shipments of hazardous waste, the US Department of Transportation, or DOT, regu-lates the transportation of hazardous materials, or hazmat. Because most Federally regulated hazardous wastes will meet the definition of a DOT hazardous material, in most cases, they are automatically subject to the US DOT haz-ardous material regulations when shipped.

The off-site shipping preparation will require the generator to consider both regula-tions with respect to:

• Packaging—including selection, filling and closing, and communications.

• Documentation—including preparing the Uniform Hazardous Waste Manifest and emergency information.

• Tracking of each shipment.

• Responding to TSDF issues (e.g., signifi-cant discrepancies, or rejected shipments).

The EPA and the DOT both have their own definition of what is hazardous. These defini-tions determine how your material is regu-lated and managed. Sometimes, the subtleties in the definitions can be quite small, but still make a big difference in how something is reg-ulated. The generator will need to understand how each agency defines and regulates a spe-cific material.


The generator will need to recall much of the information evaluated during the hazard-ous waste identification stage, plus a number of other considerations. Specifically, the gener-ator will need to know:

• What the hazardous waste’s chemical, physical, and/or toxicological prop-erties are.



Notes:

Page 238

Shipping Waste Off Site, continued

• What the site’s EPA identification number is.

• How the hazardous waste will be pack-aged for shipment.

• Who will be transporting the hazard-ous waste.

• Who the TSDF is that will receive the hazardous waste.



Notes:

Page 239

THE “TEN STEPS” VS. 49 CFRRegulatory Finding Aid

“Ten Steps” 49 CFR

1. Classification

– Is it a hazardous material? ............................................................................................................ 171.8 – What is/are the hazard(s) and how severe? .........................................................................Part 173 – Is it a hazardous waste, hazardous substance, elevated-temperature material, or a marine pollutant? ................................................................................................................... 171.8

– How do I classify materials with multiple hazards? .............................................................. 173.2a

2. Proper Shipping Names

– What is the most specific name available for my material? ......Table 172.101 and 172.101(c)(12) – What modifications may I be required or allowed to make? ...........................................172.101(c) – What is the identification number (UN/NA number)? ...................... Table 172.101 & 172.101(e)

3. Packaging

– What packaging is authorized for my material?i. Type of packaging allowed? ................................................. Table 172.101, Column 8; Part 173ii. What standards must it meet? .................................................................................. Parts 178–180

– Does it comply with the “general” packaging requirements? ........................ Part 173, Subpart B – Does it comply with special provisions? ................................... Table 172.101, Column 7; 172.102

4. Marking and Labeling

– What package markings are required? ..............................................................Part 172, Subpart Di. What standards must the markings meet? ..................................................Part 172, Subpart D

– What hazard class labels are required? ..................Table 172.101, Column 6; Part 172, Subpart Ei. What standards must the labels meet? ............................................................................. 172.407



Notes:

Page 240

The “Ten Steps” vs. 49 CFR, continued

“Ten Steps” 49 CFR

5. Shipping Papers

– Are shipping papers required for this shipment? ............................................Part 172, Subpart C – Does my shipping description contain all required information, in the correct sequence? ....................................................................................... 172.202 and 172.203

– Is a shipper’s certification required, and if so, is it present and signed? ........................... 172.204 – Have I properly provided the required emergency response information? ...........................................................................................................Part 172, Subpart G

6. Placarding

– Are placards required for my shipment? ............................................................Part 172, Subpart F – Are the placards properly displayed? .................................................................Part 172, Subpart F

7. Loading, Moving, and Unloading

– Am I subject to any portion of the carrier rules? ..................................................................... 173.30 – Which loading rules must I follow? ............................................................................. Parts 174–177 – What materials may go together, and how must they be loaded? ........................... Parts 174–177

8. Hazmat Incidents

– What must I do in the event of a transportation incident? ....................................... 171.15; 171.16 – What are my regulatory responsibilities connected to an incident response? ....... Parts 174–177

9. Administrative Responsibilities

– Must my company register? How do we do that? ...........................................Part 107, Subpart G – What regulatory reliefs are available in the DOT regulations? ..........................................Part 173 – How does my company apply for a special permit? ....................................... Part 107, Subpart B

10. Keeping Up With Changes

– Who needs to be trained? .....................................................................................Part 172, Subpart H – Are they all adequately trained? .........................................................................Part 172, Subpart H – What training records must be kept? ................................................................................ 172.704(d) – What rule changes are coming or have recently been issued? ............................... Federal Register



Notes:

Page 241

IS IT A HAZARDOUS MATERIAL?Classification

Hazardous Wastes vs. Hazardous Materials

The US DOT includes in its definition of “hazardous material” anything that meets the DOT definition of a “hazardous waste.” For the purposes of the hazardous materials regu-lations (HMR), the DOT defines the term “haz-ardous waste” as:

“[A]ny material that is subject to the Hazard-ous Waste Manifest Requirements of the US Envi-ronmental Protection Agency specified in 40 CFR Part 262.” [49 CFR 171.8]

Simply put, if the US EPA identifies and regulates something as hazardous waste and requires it to be shipped using a Uniform Haz-ardous Waste Manifest, then the DOT consid-ers the material to be a “hazardous waste.”

On the other hand, if the US EPA does not require a particular type of hazardous waste to be shipped using a manifest, then it is NOT a DOT hazardous waste. Examples include:

• VSQG hazardous wastes.

• Universal wastes.

• State hazardous wastes.

NOTE: These wastes may still meet the defi-nition of DOT hazardous materials based on whether they meet any of the DOT’s hazard class definitions. However, they will not be subject to additional DOT requirements for shipping “hazardous waste.”

“Federal” vs. “State” Hazardous Wastes and DOT Hazardous Wastes

To be a DOT hazardous waste, the waste must not only be subject to hazardous waste manifesting requirements, it must be subject to these requirements per Federal EPA rules. Although State hazardous wastes are typically required to be shipped off site on a Hazardous Waste Manifest, this is because of State require-ments, not Federal EPA requirements. There-fore, State hazardous wastes are not DOT hazardous wastes (although based on their properties, they may still be DOT hazardous materials subject to DOT requirements when shipped).

Classifying Hazardous Materials

All DOT hazardous materials must be classified by:

• The type of DOT hazard (hazard class or division) the material poses.

• The degree of hazard (“packing group” for most materials, “hazard zone” for poison gases and vapors, and “compatibility group” for explosives).

Hazard Classes 1 Through 8

The DOT has nine hazard classes. Hazard Classes 1 through 8 represent specific kinds of hazards, which are based on chemical and physical properties. For example, poisonous gases are assigned to Division 2.3, flammable



Notes:

Page 242

Is It a Hazardous Material?, continued

solids are assigned to Division 4.1, and radio-active materials are assigned to Hazard Class 7.

Hazard Class 9

The last hazard class, Hazard Class 9, is used for “miscellaneous” hazards. Hazard Class 9 includes a wide variety of materials. There are three basic ways that a material can be assigned to Class 9:

1. It could be something that poses a danger during transport, but doesn’t fall into one of the other eight hazard classes (e.g., an elevated-temperature material or anes-thetics being transported on an airplane).

2. It could be something that would normal-ly meet the definition of another hazard class, but because of the way it is being transported, the DOT reassigns it to Class 9 (e.g., airbags and chemical kits).

3. It could by regulated by other agencies, and the DOT is required to regulate it while it is being transported (e.g., as-bestos, PCBs, and US EPA hazardous wastes).

Packing Groups

Many hazardous materials must be classi-fied based on the severity of the hazard. The most common method of doing this is to assign a “packing group” (PG) to the material. There are three possible packing groups:

• PG I indicates “great” danger.

• PG II indicates “medium” danger.

• PG III indicates “minor” danger.

NOTE: Hazard Classes 2, 6.2 (other than regu-lated medical wastes), and 7 do not have pack-ing groups.

Best Guesses

If a material is shipped for testing to deter-mine its hazards, it is legal to make a tentative hazard class assignment based on your knowl-edge of the material. [49 CFR 172.101(c)(11)]

Classifying Hazardous Wastes for Shipment

In general, DOT hazardous wastes are classified in the same manner as any other haz-ardous material. Therefore, if the hazardous waste meets the definition of any DOT Hazard Class 1 through 8, then it would be classified as a material posing that hazard.

However, if a DOT hazardous waste does NOT meet the definition of any of the first eight hazard classes, then it is classified as a Class 9 material by default. That is because all DOT hazardous wastes are regulated by the DOT as hazardous materials and must be assigned to one of the DOT’s nine hazard classes when being shipped.

NOTE: Materials that meet the DOT definition of a hazardous waste may be assigned a hazard class based on the shipper’s knowledge of the material. For example, a liquid with a flash point less than 140°F would meet the EPA defi-nition of an ignitable waste (D001) and would be assigned to DOT Hazard Class 3. If the ship-per was not certain what the material’s actual flash point was, though, they could simply assign it to the packing group they thought was appropriate based on their knowledge of the material. [49 CFR 172.101(c)(11)]



Notes:

Page 243

Is It a Hazardous Material?, continued

Classifying “State” Hazardous Wastes for Shipment

If a State hazardous waste meets the defi-nition of any DOT Hazard Class 1 through 8, then it is classified as a material posing that hazard.

If, however, a State hazardous waste does NOT meet the definition of any of the first eight hazard classes, then it is ONLY classified as a Class 9 hazmat if it specifically meets one of the DOT’s criteria for inclusion as a Class 9 hazardous material (e.g., PCB-containing waste or asbestos waste).

Examples of Classification

Class 3, PG II F003, D001

Class 8, PG III

Class 5.1, PG II D001

Class 9, PG III D008



Page 244

HAZARD CLASS DEFINITIONS

Following are summaries of the US DOT hazard classes and divisions, listed in class order. For the full hazard class definition, refer to the US DOT regulations at 49 CFR Part 173.

Class and Division Name and description of class or division

49 CFR reference for definitions

Packing Group

1.1 Explosives (with a mass explosion hazard)Entire mass explodes simultaneously (e.g., plastic explosives).

173.50 N/A

1.2 Explosives (with a projection hazard)The explosion causes the throwing of a projectile or projectiles (e.g., shrap-nel).

173.50 N/A

1.3 Explosives (with predominately a fire hazard)The explosion initiates combustion.

173.50 N/A

1.4 Explosives (with no significant blast hazard)The explosion is not likely to throw any fragments of appreciable size and the explosion is largely confined to the package.

173.50 N/A

1.5 Very insensitive explosives; blasting agentsIt will explode but requires a strong initiator to cause the explosion. Explo-sion would not likely occur in a transportation-related fire.

173.50 N/A

1.6 Extremely insensitive detonating substancesGenerally articles containing Division 1.5 materials.

173.50 N/A

2.1 Flammable gasIs a gas at 20°C (68°F) or less and burns readily in air.

173.115 N/A

2.2 Non-flammable compressed gasGas shipped at a pressure at or over 200 kPa (43.8 psia/29 psig) or as a cryogenic liquid that is neither flammable nor poisonous.

173.115 N/A

2.3 Poisonous gasIs a gas at ≤ 20°C (68°F) and has an LC50 ≤ 5,000 mL/m3 (i.e., 0.005% con-centration in air will kill half of the animals in a laboratory test).

173.115 Hazard Zone 173.116

3 Flammable liquidLiquid with a flash point ≤ 60°C (140°F), or < 38°C (~100°F) for domestic transportation by rail or highway.Note: Flash point is the temperature at which a liquid gives off enough vapor to ignite and “flash” back to the liquid surface.

173.120 173.121

Combusti-bles

Combustible liquidLiquid with a flash point > 60°C (140°F) and < 93°C (~200°F).

173.120 PG III

4.1 Flammable solidWetted explosive; OR substances that are liable to undergo strongly exothermic decompositions even without oxygen; OR substances that are liable without stabilization to undergo strongly exothermic reactions form-ing larger molecules or polymers; OR substances that either ignite through friction (e.g., matches) or burn very fast when ignited.

173.124(a) 173.125


Hazard Class Definitions, continued


Page 245

Class and Division Name and description of class or division

49 CFR reference for definitions

Packing Group

4.2 Spontaneously combustible materialSpontaneously ignites within 5 minutes on exposure to air or can either heat to over 200°C (392°F) or spontaneously ignite within 24 hours.

173.124(b) 173.125

4.3 Dangerous when wet materialSpontaneously ignites or emits flammable or toxic gases when contacted with water.

173.124(c) 173.125

5.1 OxidizerCauses or enhances combustion of other materials (e.g., sodium nitrite, oxygen gas, hydrogen peroxide).

173.127(a) 173.127(b)

5.2 Organic peroxideA specific chemical group that is generally reactive.

173.128 PG II 173.129

6.1 Poisonous materialsSolids or liquids that are poisonous by ingestion, inhalation, or skin con-tact.

173.132 Hazard Zone and PG 173.133

6.2 Infectious substance (etiologic agent)Disease-causing organisms, tissue, or body fluid samples for medical diag-nosis, biological products, and medical wastes.

173.134 N/A

7 Radioactive materialAny material containing radionuclides where both the activity concentra-tion and the total activity in the consignment exceed specified values.

173.403 N/A

8 Corrosive materialDissolves steel or aluminum or destroys skin tissue.

173.136 173.137

9 Miscellaneous hazardous material (If no higher hazard)Anesthetic or noxious or similar hazard to crew of an airplane. Material that is shipped hot. US EPA-regulated hazardous waste or hazardous sub-stance, MARPOL marine pollutants, plus other materials specifically listed by the US DOT.

173.140 173.141

None Forbidden materialsElectrical devices likely to create sparks or heat, heavily magnetic materials for air shipment, incompatible materials in the same package, materials that may undergo self-accelerated decomposition, ketone peroxides, etc.

173.21 N/A

None Forbidden explosivesIndividual listed chemicals, listed chemical groups, leaking explosives packages, loaded firearms, etc.

173.54 N/A



Notes:

Page 246

SELECTING A PROPER SHIPPING NAME

The DOT has three key requirements for selecting a Proper Shipping Name (PSN). These requirements are:

1. Choose a name from Column 2 of the 172.101 Hazardous Materials Table:

– Use names in Roman type (not italics), and

– Use as shown (no modifications except as explicitly allowed).

2. Be accurate (hazards of the name chosen must match the hazards of the material).

3. Be specific. There is a preferred order of specificity when selecting a PSN.

Critical Step

Choosing a PSN is a critical step. Among other things, the name you choose for your material determines:

1. What type of packaging is authorized.

2. Minimum hazard labeling.

3. What actions responders will take in an emergency.

4. Applicable special provisions.

Naming Hazardous Wastes [49 CFR 172.101(c)(9)]

Hazardous wastes are named in the same manner as other hazardous materials, with one exception. If the material meets the DOT defi-nition of hazardous waste as defined in 49 CFR 171.8, it must have the word “waste” added in front of the name (e.g., “waste acetone” or “waste flammable liquids, n.o.s.”) unless the word “waste” is already a part of the name (e.g., “hazardous waste, liquid, n.o.s.”).

NOTE: Hazardous wastes that are shipped as Class 9 materials will be assigned the PSN “hazardous waste, liquid, n.o.s.” or “hazard-ous waste, solid, n.o.s.” as appropriate.

In some cases technical names are required when naming hazardous wastes. When this sit-uation arises, the technical names must appear in parentheses.

Naming State Hazardous Wastes

The word “waste” may not be added to a Proper Shipping Name unless the material is a hazardous waste according to the DOT’s definition of a hazardous waste. Because State hazardous wastes are not DOT hazardous wastes, it would be a violation of DOT rules to add the word “waste” to the Proper Shipping Name used for State hazardous wastes.



Notes:

Page 247

Selecting a Proper Shipping Name, continued

Examples of Proper Shipping Names

Waste acetone Waste sodium hydroxide solution

Waste ammonium nitrate based fertilizer Hazardous waste, solid, n.o.s.



Page 248

HAZARDOUS MATERIALS TABLE—TABLE 172.101, EXAMPLE ENTRIESTABLE 172.101, EXAMPLE ENTRIES



Notes:

Page 249

MARKING REQUIREMENTS FOR HAZARDOUS WASTES IN NON-BULK PACKAGINGS

Almost all hazardous waste packages must be marked with certain minimum information, with the specific requirements depending on factors such as the type of packaging used and the material being shipped. Both the DOT and the EPA have requirements for marking non-bulk packages of hazardous wastes. Non-bulk packages are packages that have a maximum capacity of 119 gallons or less.

DOT Requirements for Marking Hazardous Wastes [49 CFR 172.301]

With limited exceptions, the DOT requires the following information to be marked on fully regulated non-bulk packages of hazard-ous wastes:

• The Proper Shipping Name

• The UN or NA identification number (must typically be marked on packages in characters at least 12 mm high)

• The shipper’s or the receiver’s name and address

NOTE: Depending on factors such as the material being shipped and the type of pack-aging used, additional information may also be required (e.g., orientation arrows or techni-cal names).

EPA Requirements for Marking Hazardous Wastes [40 CFR 262.32]

The EPA requires the following additional information to be marked on non-bulk pack-ages of hazardous waste:

• The generator’s name and address

• The generator’s EPA identifica-tion number

• The manifest tracking number

• Applicable hazardous waste codes (e.g., D001 or F003)

• The “hazardous waste statement”

NOTE: Generators may use a nationally rec-ognized electronic system, such as bar coding, rather than indicating actual waste codes. In addition, lab packs that will be incinerated under the requirements of 40 CFR 268.42(c) are not required to be marked with waste codes OTHER THAN D004, D005, D006, D007, D008, D010, and D011 (when applicable).



Notes:

Page 250

Marking Requirements for Hazardous Wastes in Non-bulk Packagings, continued

The Hazardous Waste Statement

The hazardous waste statement required on non-bulk packagings states the following:

HAZARDOUS WASTE–Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the US Environmental Pro-tection Agency.

Some states have variations of this para-graph that may be required in lieu of the Fed-eral statement.

Example of a Properly Marked/Labeled Non-bulk Package

.



Notes:

Page 251

SHIPPING PAPERS

The DOT requires use of a shipping paper when shipping hazardous materials. The ship-ping paper’s purpose is to communicate the hazards to emergency responders and those handling the materials.

Creating a Shipping Paper

A shipper must create shipping papers that will accompany the hazardous material shipment. A shipping paper may be:

• A hazardous waste manifest.

• A bill of lading.

• A shipping order.

• An invoice.

• Any other form or document, provided it contains the information required by DOT regulations for shipping papers.

Regardless of what form of shipping paper you choose, the form you use must contain all the information that the DOT requires on ship-ping papers. This includes:

• A basic description of the material and any necessary additional descriptions.

• The total quantity of the material be-ing shipped.

• The number and type of package.

• A shipper’s certification.

NOTE: If you are shipping a hazardous waste off site, the US EPA will generally require that you use the Uniform Hazardous Waste Mani-fest. Since this form is designed to serve as a DOT shipping paper, it is typically used for DOT compliance. [40 CFR 262.20]

Entries on Shipping Papers [49 CFR 172.201]

Descriptions of hazardous materials entered on shipping papers must:

• Be printed legibly in English.

• Not contain any abbreviations, unless specifically authorized by the DOT.

• Be clearly distinguished from descrip-tions of non-hazardous materials by one of three specified means.

• Include the page number and total pages for multi-page documents.

Any additional information about the material that the shipper wants to include about a hazardous material must be consistent with the required information and must be placed after the basic description of the mate-rial, unless otherwise permitted.


Shipping Papers, continued


Page 252

The Basic Description [49 CFR 172.202]

The basic description of a hazardous mate-rial on a shipping paper must contain the fol-lowing elements, in order:

1. The UN/NA identification number

2. The Proper Shipping Name

3. The primary hazard class followed by any subsidiary hazard classes (in paren-theses)

4. The packing group in Roman numerals (may be preceded by “PG”)

Examples of Basic Descriptions

• UN 1090; Waste Acetone; 3; PG II

• UN 1922; Waste Pyrrolidine; 3 (8); II

• NA 1993; Fuel Oil; 3; PG III

• NA 3077; Hazardous waste, solid, n.o.s.; 9; III

Additional Descriptions [49 CFR 172.203]

Additional information may be required for certain kinds of hazardous material ship-ments. This includes hazardous substances, radioactives, certain poisons, and materials described with “generic” shipping names.

Generic (“G”) Shipping Names

If the Proper Shipping Name is identi-fied by the letter “G” in Column (1) of Table 172.101, then the technical name(s) of the haz-ardous material(s) must be added in parenthe-ses. Exceptions are allowed for:

• Lab packs. [49 CFR 173.12(d)]

• Class 9 hazardous wastes.

• “Best guesses” made under 49 CFR 172.101(c)(11). [49 CFR 172.203(k)]

Hazardous Substances

Where a hazardous substance is present in a package in an amount equal to or in excess of its RQ:

• The letters “RQ” must be added before or after the description. [49 CFR 172.203(c)]

• The name of the hazardous substance must be added in parentheses IF the Proper Shipping Name doesn’t identify the hazardous substance (EPA F-, K-, or D-numbered hazardous waste code may be used, where appropriate).

Examples of Additional Descriptions

• UN 1993; Flammable liquids, n.o.s.; 3; PG II (acetone and toluene)

• UN 1993; Flammable liquids, n.o.s. (con-tains acetone and toluene); 3; PG II

• RQ UN 1090; Waste Acetone; 3; PG II

• UN 1263; Paint Related Material; 3; II RQ (xylene)

Additional Documents May Be Required

In some cases, additional documents may be required to accompany a hazardous waste shipment. These documents could include:

• Emergency response information per 49 CFR 172, Subpart G (§172.600 et seq.)

• Information required by tariffs or by com-mercial practice.

• Land disposal restriction notifications or certifications for hazardous wastes.


Shipping Papers, continued


Page 253

Examples of Basic Descriptions

Examples of Basic Descriptions on a Manifest

9a. HM

9b. U.S. DOT Description (including Proper Shipping Name, Hazard Class, ID Number, and Packing Group (if any))

X UN 1090, Waste Acetone, 3, PG II

X UN 2067, Waste ammonium nitrate based fertilizer, 5.1, PG III

X UN 1824, Waste sodium hydroxide solution, 8, PG III

X NA 3077, Hazardous waste, solid, n.o.s., 9, PG III

UN 1090, Waste acetone, 3, II UN 1824, Waste sodium hydroxide solution, 8, III

UN 2067, Waste ammonium nitrate based fertilizer, 5.1, III NA 3077, Hazardous waste, solid, n.o.s., 9, III



Notes:

Page 254

THE UNIFORM HAZARDOUS WASTE MANIFESTIntroduction

Purpose of the Uniform Hazardous Waste Manifest

The Uniform Hazardous Waste Manifest is a standardized form that is used to track a haz-ardous waste shipment from the facility where it was generated to the facility where it will be treated, stored, or disposed of. The manifest identifies:

• The hazardous waste being shipped.

• The amount of hazardous waste be-ing shipped.

• The generator, transporter, and designat-ed facility (typically a TSDF) involved in the shipment.

The manifest also acts as “evidence” that the hazardous waste actually got to where it was being shipped.

Agencies Regulating Use of the Manifest

US Environmental Protection Agency (EPA)

The US Environmental Protection Agency has relatively few rules regarding the ship-ment of hazardous waste off site. However, the EPA specifically requires generators offer-ing hazardous waste for off-site transporta-tion to prepare and use a Uniform Hazardous Waste Manifest to accompany the shipment. [40 CFR 262.20]

US Department of Transportation (DOT)

The US Department of Transportation reg-ulates materials that present hazards to health, safety, and property during transportation under its hazardous materials (“hazmat”) reg-ulations at 49 CFR 171–180. Under these rules, hazardous materials must be classified, pack-aged, marked, and labeled in accordance with detailed DOT requirements. In addition, the DOT’s hazmat regulations require shipments of hazardous materials to be accompanied by a “shipping paper” that identifies the hazardous materials in the shipment, as well as the quan-tities being shipped, in order to assist routine handlers and emergency responders.

The DOT incorporated EPA hazardous wastes into its definition of “hazardous mate-rial.” [49 CFR 171.8] This means that almost any time you are shipping an EPA regulated hazardous waste, you must follow the DOT hazmat regulations for the shipment.

The DOT allows the Uniform Hazardous Waste Manifest to be used as a shipping paper for hazmat shipments. Therefore, generators do not need to prepare separate documents for their hazardous waste shipments. Because the manifest is serving as the DOT shipping paper for the shipment, though, it is subject to all of the DOT’s rules for completing ship-ping papers, which are found at 49 CFR 172, Subpart C.



Notes:

Page 255

The Uniform Hazardous Waste Manifest, continued

State Differences in Manifesting Requirements

States can have specific rules for mani-festing that vary from the Federal rules. Some state differences include:

• Requiring state-specific wastes to be shipped on a manifest.

• Requiring very small quantity genera-tors (VSQGs) to ship their wastes on a manifest.

• Requiring generators to send copies of the manifest to the state.

The New Electronic Manifest System

On June 30, 2018, the use of an electronic manifest (or “e-Manifest”) to track shipments of hazardous waste was authorized. The infor-mation required on paper and e-Manifests is exactly the same. The differences between the two methods mostly concern how copies of the manifest are signed, distributed, and main-tained by generators, transporters, and desig-nated facilities.

The use of an electronic manifest is cur-rently voluntary for generators, so paper copies may continue to be used.

A discussion of the new rules for e-Man-ifests can be found at the end of this section.




Page 256

Please print or type. Form Approved. OMB No. 2050-0039UNIFORM HAZARDOUS

WASTE MANIFEST1. Generator ID

Number2. Page 1 of 3. Emergency Response Phone 4. Manifest Tracking Number

5. Generator's Name and Mailing Address Generator's Site Address (if different than mailing address)

Generator's Phone:6. Transporter 1 Company Name U.S. EPA ID Number

7. Transporter 2 Company Name U.S. EPA ID Number

8. Designated Facility Name and Site Address U.S. EPA ID Number

Facility's Phone:

9a. HM

9b. U.S. DOT Description (including Proper Shipping Name, Hazard Class, ID Number,and Packing Group (if any))

1.

2.

3.

4.

10. ContainersNo. Type

11. TotalQuantity 12. Unit 13. Waste Codes

Wt./Vol.

14. Special Handling Instructions and Additional Information

15. GENERATOR’S/OFFEROR’S CERTIFICATION: I hereby declare that the contents of this consignment are fully and accurately described above by the proper shipping name, and are classified, packaged,marked and labeled/placarded, and are in all respects in proper condition for transport according to applicable international and national governmental regulations. If export shipment and I am the PrimaryExporter, I certify that the contents of this consignment conform to the terms of the attached EPAAcknowledgment of Consent.I certify that the waste minimization statement identified in 40 CFR 262.27(a) (if I am a large quantity generator) or (b) (if I am a small quantity generator) is true.

Generator's/Offeror's Printed/Typed Name Signature Month Day Year

16. International ShipmentsImport to U.S. Export from U.S. Port of entry/exit:

Transporter signature (for exports only): Date leaving U.S.:17. Transporter Acknowledgment of Receipt of MaterialsTransporter 1 Printed/Typed Name Signature Month Day Year

Transporter 2 Printed/Typed Name Signature Month Day Year

18. Discrepancy

18a. Discrepancy Indication Space Quantity Type Residue Partial Rejection Full Rejection

18b. Alternate Facility (or Generator)Manifest Reference Number:

U.S. EPA ID Number

Facility's Phone:18c. Signature of Alternate Facility (or Generator) Month Day Year

. .911 Hazardous Waste Report Management Method Codes (i.e., codes for hazardous waste treatment, disposal, and recycling systems)1. 2. 3. 4.

20. Designated Facility Owner or Operator: Certification of receipt of hazardous materials covered by the manifest except as noted in Item 18aPrinted/Typed Name Signature Month Day Year

EPA Form 8700-22 (Rev. 12-17) Previous editions are obsolete. DESIGNATED FACILITY TO EPA's e-MANIFEST SYSTEM

DESI

GNAT

EDFA

CILI

TYTR

ANSP

ORTE

RIN

T'LGE

NERA

TOR




Page 257




Page 258

Josh Kelly Josh Kelly 06 05 21

Ginger Jackson Ginger Jackson 06 05 21

NJD123456789 1 1-800-555-5555 123456789ABC

Please print or type. Form Approved. OMB No. 2050-0039UNIFORM HAZARDOUS

WASTE MANIFEST1. Generator ID

Number2. Page 1 of 3. Emergency Response Phone 4. Manifest Tracking Number

5. Generator's Name and Mailing Address Generator's Site Address (if different than mailing address)

Generator's Phone:6. Transporter 1 Company Name U.S. EPA ID Number

7. Transporter 2 Company Name U.S. EPA ID Number

8. Designated Facility Name and Site Address U.S. EPA ID Number

Facility's Phone:

9a. HM

9b. U.S. DOT Description (including Proper Shipping Name, Hazard Class, ID Number,and Packing Group (if any))

1.

2.

3.

4.

10. ContainersNo. Type

11. TotalQuantity 12. Unit 13. Waste Codes

Wt./Vol.

14. Special Handling Instructions and Additional Information

15. GENERATOR’S/OFFEROR’S CERTIFICATION: I hereby declare that the contents of this consignment are fully and accurately described above by the proper shipping name, and are classified, packaged,marked and labeled/placarded, and are in all respects in proper condition for transport according to applicable international and national governmental regulations. If export shipment and I am the PrimaryExporter, I certify that the contents of this consignment conform to the terms of the attached EPAAcknowledgment of Consent.I certify that the waste minimization statement identified in 40 CFR 262.27(a) (if I am a large quantity generator) or (b) (if I am a small quantity generator) is true.

Generator's/Offeror's Printed/Typed Name Signature Month Day Year

16. International ShipmentsImport to U.S. Export from U.S. Port of entry/exit:

Transporter signature (for exports only): Date leaving U.S.:17. Transporter Acknowledgment of Receipt of MaterialsTransporter 1 Printed/Typed Name Signature Month Day Year

Transporter 2 Printed/Typed Name Signature Month Day Year

18. Discrepancy

18a. Discrepancy Indication Space Quantity Type Residue Partial Rejection Full Rejection

18b. Alternate Facility (or Generator)Manifest Reference Number:

U.S. EPA ID Number

Facility's Phone:18c. Signature of Alternate Facility (or Generator) Month Day Year

. .911 Hazardous Waste Report Management Method Codes (i.e., codes for hazardous waste treatment, disposal, and recycling systems)1. 2. 3. 4.

20. Designated Facility Owner or Operator: Certification of receipt of hazardous materials covered by the manifest except as noted in Item 18aPrinted/Typed Name Signature Month Day Year

EPA Form 8700-22 (Rev. 12-17) Previous editions are obsolete. DESIGNATED FACILITY TO EPA's e-MANIFEST SYSTEM

DESI

GNAT

EDFA

CILI

TYTR

ANSP

ORTE

RIN

T'LGE

NERA

TOR

Asheford EnterprisesP.O. Box 000 123 Wyatt StreetAnytown, NJ 01234 Anytown, NJ 01234(800) 555-1212

Tri-State Trucking NJR123456789

Duncan’s Long Haul Trucking GAR123456789

D’Argo Waste Disposal1 Jasmine Street KSR123456789Springfield, KS 65432(555) 555-5555

X UN 1090; Waste Acetone; 3; PG II 10 DM 3400 P

X UN 1263; Waste Paint Related Material; 3; PG III 3 DM 1050 P

X UN 3264; Waste Corrosive Liquid, Acidic, Inorganic, n.o.s. 1 DF 700 P (sulfuric acid and hydrochloric acid); 8; PG II

Nonhazardous Wastewater Treatment Sludge 1 CF 650 P

D001 F003

D001

D002

The above weights are net weights.

Shawn Sedah Shawn Sedah 06 05 21

H020 H050 H039 H141

Heather Riese Heather Riese 06 11 21



Notes:

Page 259

COMPLETING A HAZARDOUS WASTE MANIFEST

In the past, the instructions for prepar-ing the manifest were provided by the EPA at 40 CFR 262, Appendix. However, with the promulgation of the e-Manifest rulemaking, these instructions have been removed from the regulations. Typically, though, the instructions are printed on the back side of the paper forms, and they can also be accessed at the e-Manifest website:

https://www.epa.gov/e-manifest

NOTE: Paper copies of the manifest may only be printed by EPA-approved vendors.

Format of the Manifest

The manifest is composed of 20 different “items.” These items can be divided into three portions:

1. The top portion, which contains general administrative information about the shipment

2. The middle portion, which describes the type and amounts of hazardous waste being shipped

3. The bottom portion, which primarily addresses the chain-of-custody for the shipment



Notes:

Page 260

THE TOP PORTION OF THE MANIFEST

The top portion, which includes the infor-mation that is to be placed in Items 1 through 8, is fairly straightforward.

Item 1: Generator’s EPA Identification Number

Item 1 identifies the generator’s EPA iden-tification number.

Item 2: Number of Pages

Item 2 identifies the number of pages used to complete the manifest. While the pre-printed paper manifest is one page long, gen-erators may find that they need to add one or more “continuation sheets” because:

• They are shipping more types of waste than there are spaces for in Items 9a–13; or

• They are using more than two transport-ers to ship the waste.

Regardless of whether the shipment can be described on a single page or requires one or more continuation pages, the generator must indicate the total number of pages in Item 2 (1 of 1, 1 of 2, etc.).

Item 3: Emergency Phone Number

Item 3 is used to provide an emergency response phone number. This number is required by the DOT and must provide 24-hour immediate access to someone who is knowledgeable about the hazards posed by the waste(s) in the shipment.

If any of the wastes require a different emergency phone number than the one indi-cated in Item 3, that number must be added to Item 9b.

Item 4: Manifest Tracking Number

Item 4 identifies the manifest tracking number, which comes pre-printed on a paper manifest. The tracking number consists of twelve alpha-numeric characters:

• The first nine characters are numerical.

• The last three characters are a unique suffix that identifies the printer of the manifest if using paper copies.

NOTE: When using an electronic manifest, this field will initially be blank. Once the manifest has been created and is in its final form, the waste will be “scheduled” for pickup by the TSDF in RCRAInfo, verifying that the waste is



Notes:

Page 261

The Top Portion of the Manifest, continued

ready for transport. At this point, the manifest tracking number will be populated in Item 4 on the e-Manifest, and the official manifest can be printed.

Item 5: Generator Information

Item 5 identifies the generator’s name, mailing address, and main phone number. The generator’s site address must also be entered here if it is different from the generator’s mail-ing address (e.g., if the mailing address is a PO Box).

Items 6 and 7: Transporter Information

Item 6 identifies the company name and EPA identification number of the transporter who accepts the waste for shipment from the generator.

Item 7 is used to indicate a second trans-porter name and EPA ID number if more than one transporter is involved in moving the waste from the generator site to the TSDF (e.g., if a shipment is traveling by motor carrier for the first part of the trip and by vessel for the second part, or if one motor carrier is passing the shipment off to a second motor carrier).

NOTE: If more than two transporters (i.e., more than two transporter companies) are involved, then the additional transporter information must be indicated on a continuation page.

Item 8: Designated Facility Information

Item 8 identifies the name, site address (not mailing address), phone number, and EPA identification number of the designated facil-ity to which the shipment is being sent.



Notes:

Page 262

THE MIDDLE PORTION OF THE MANIFEST

The middle portion of the manifest includes Items 9 through 14 and describes the wastes in the shipment.

Item 9a: The Hazardous Materials (“HM”) Column

Item 9a is called the Hazardous Materi-als, or HM, Column. The DOT requires ship-pers to clearly distinguish between hazard-ous materials and non-hazardous materials if they’re being shipped on the same manifest. When both types of material are included on a manifest, you can identify the DOT hazardous materials by placing an “X” in Item 9A.

NOTE: If shipping a DOT “hazardous sub-stance” (as defined at 49 CFR 171.8) the let-ters “RQ” may be entered in Item 9a instead of an “X.”

Item 9b: US DOT Description

Item 9b is for the generator to provide the required DOT “basic description” for each waste being shipped, for example:

UN 1090; Waste Acetone; 3; PG II

The requirements for creating a basic description can be found at 49 CFR 172.202 and 172.203.

NOTE: Since the manifest only has enough space to describe four materials in Item 9, if there are more than four materials in the ship-

ment, a continuation sheet must be used to list additional wastes.

Item 10: Containers (Number and Type)

Item 10 describes the number and type of containers used to ship each hazardous waste. The code used to describe the type of container must be from those included in the manifest instructions (e.g., “DM” for a metal drum or “DF” for a plastic or fiberboard drum).

Container Codes for the Hazardous Waste Manifest

Table I—Types of Containers

BA = Burlap, cloth, paper, or plastic bags.

CF = Fiber or plastic boxes, cartons, cases.

CM = Metal boxes, cartons, cases (including roll-offs).

CW = Wooden boxes, cartons, cases.

CY = Cylinders.

DF = Fiberboard or plastic drums, barrels, kegs.

DM = Metal drums, barrels, kegs.

DT = Dump truck.

DW = Wooden drums, barrels, kegs.

HG = Hopper or gondola cars.



Notes:

Page 263

The Middle Portion of the Manifest, continued

Table I—Types of Containers

TC = Tank cars.

TP = Portable tanks.

TT = Cargo tanks (tank trucks).

Item 11: Total Quantity

Item 11 is used to identify the total quan-tity of hazardous waste shipped under each entry on the manifest. The total quantity:

• May be described as weight or volume, in net or gross amounts.

• May be indicated using either metric or US units.

Item 12: Units of Measure (Weight/Volume)

Item 12 is used to identify the unit of mea-sure for the weight or volume of the waste that was identified in Item 11. The code used to describe the unit of measure must be from those included in the manifest instructions (e.g., “G” for gallons or “L” for liters).

Unit Codes for the Hazardous Waste Manifest

Table II—Units of Measure

G = Gallons (liquids only)

K = Kilograms

L = Liters (liquids only)

M = Metric Tons (1,000 kilograms)

Table II—Units of Measure

N = Cubic Meters

P = Pounds

T = Tons (2,000 pounds)

Y = Cubic Yards

Note: Tons, metric tons, cubic meters, and cubic yards should only be reported in connection with very large bulk shipments, such as rail cars, tank trucks, or barges.

Item 13: Waste Codes

Item 13 identifies up to six waste codes for the waste. Any non-redundant State waste codes must be included here (and have prior-ity over Federal waste codes).

Item 14: Special Handling Instructions and Additional Information

Item 14 is used to indicate any special handling instructions or additional informa-tion for the shipment. Information found here could include:

• More descriptive information about the wastes.

• TSDF approval or profile numbers.

• Whether the volume indicated in Item 11 is “net” or “gross.”

NOTE: Generators are not specifically required to enter information in Item 14.



Notes:

Page 264

THE BOTTOM PORTION OF THE MANIFEST

The bottom portion of the manifest includes signatures and provides space for manifest discrepancies and hazardous waste management method codes. Each person along the chain signs and dates the manifest to acknowledge transfer or receipt.

Item 15: Generator/Offeror’s Certification

Item 15 is for the Generator’s/Offeror’s certification:

• The name of the person signing the man-ifest must be printed in Item 15 by com-puter, typewriter, hand, etc.

• The certification must be signed by hand.

• The date of acceptance must be indicated.

• The words “on behalf of” may be written or preprinted in the certification space if offering the shipment on behalf of the generator.

There are two components to the certifica-tion: one for the EPA and one for the DOT.

The EPA Component of the Certification Statement

The EPA component certifies that the gen-erator has a program to minimize the volume and toxicity of the waste and that the best method for treating, storing, or disposing of

the waste was selected. There are two versions of this certification: one for small quantity gen-erators and one for large quantity generators.

Small Quantity Generator Version: “I am a small quantity generator. I have made a good faith effort to min-imize my waste generation and select the best waste management method that is available to me and that I can afford.” [40 CFR 262.27(b)]

Large Quantity Generator Version: “I am a large quantity generator. I have a program in place to reduce the volume and toxicity of waste gener-ated to the degree I have determined to be economically practicable and I have selected the practicable method of treatment, storage, or disposal cur-rently available to me which mini-mizes the present and future threat to human health and the environment.” [40 CFR 262.27(a)]

NOTE: Neither of these statements actually appears on the manifest. Instead, the manifest references the section in the hazardous waste regulations where the two statements can be found.

The DOT Component of the Certification Statement

The DOT component certifies that the shipment has been properly prepared and is in full compliance with all applicable DOT haz-ardous materials regulations.



Notes:

Page 265

The Bottom Portion of the Manifest, continued

“I hereby declare that the contents of this consignment are fully and accu-rately described above by the proper shipping name and are classified, packaged, marked, and labeled/plac-arded and are in all respects in proper condition for transport according to applicable international and national governmental regulations.”

NOTE: Any person signing a shipping paper, including a hazardous waste manifest, is sub-ject to the US DOT hazmat employee train-ing requirements at 49 CFR 172, Subpart H. Because of this, it is a violation of DOT rules to sign a hazardous waste manifest without DOT hazmat training.

Item 16: International Shipments

Item 16 is used when shipping hazardous waste into or out of the United States.

Generator Requirements

The primary importer or exporter of the shipment must:

• Check the appropriate box to indicate whether the shipment is an import or export.

• Indicate the city and state that serves as the point of entry or exit.

Transporter Requirements

Transporters involved in exporting ship-ments of hazardous waste out of the United States must:

• Sign Item 16.

• Indicate the date the shipment is leaving the United States.

• Deliver a copy of the manifest to US Customs.

Item 17: Transporters’ Acknowledgments of Receipt

Item 17 is where the transporter signs to acknowledge that they have received and accepted the hazardous waste from the generator.

• The name of the person accepting the waste on behalf of the transporter must be printed in Item 17 by computer, type-writer, hand, etc.

• The person accepting the waste must sign in Item 17 by hand.

• The date of receipt must be indicated.

NOTE: Only one signature per transportation company is required, but if a second transpor-tation company is used, then that transporter must sign Item 17 as well. If more than two transporters are used for the shipment, a con-tinuation sheet must be used.



Notes:

Page 266

The Bottom Portion of the Manifest, continued

Item 18: Discrepancy

Item 18a: Discrepancy Indication Space

Item 18a is used by the designated facility to note any manifest discrepancies. The facil-ity should check the appropriate box to indi-cate the type of discrepancy and also enter the reason for the rejection and a description of the waste.

Item 18b: Alternate Facility (or Generator) Information

Item 18b is used to indicate the address of an alternate facility to send a fully rejected shipment of hazardous waste to or the gener-ator’s address if the rejected shipment is being returned.

Item 18c: Alternate Facility (or Generator) Signature

Item 18c is where the person at the facility identified in Item 18B signs to acknowledge receipt of the rejected hazardous waste.

Item 19: Hazardous Waste Report Management Method Codes

Item 19 identifies Hazardous Waste Report Management Method Codes. These codes are entered on the manifest by the first facility to receive the waste and are used to describe how the waste will be managed when received by the facility.

NOTE: The Hazardous Waste Report Manage-ment Method Codes are used by generators on their biennial reports to the EPA.

Item 20: Designated Facility Certification of Receipt

Item 20 is where the designated facil-ity (typically a TSDF) will sign and date the manifest to acknowledge that it has received the waste.

• The name of the person accepting the waste on behalf of the designated facility must be printed in Item 20 by computer, typewriter, hand, etc.

• The person accepting the waste must sign in Item 20 by hand.

• The date of receipt must be indicated.



Notes:

Page 267

MANAGEMENT METHOD CODES

The EPA published the Hazardous Waste Report Instructions and Forms booklet for use by large quantity generators and TSDFs. Among other things, the booklet contains a listing of management method codes to describe the

type of hazardous waste management system used to treat, recover or dispose of hazardous waste. These codes are updated routinely with the most current found in the 2017 edition of the booklet.

Reclamation and Recovery

Code Management Method Code Description

H010 Metals recovery including retorting, smelting, chemical, etc.

H020 Solvents recovery (distillation, extraction, etc.)

H039 Other recovery or reclamation for reuse including acid regeneration, organics recovery, etc. (specify in comments)

H050 Energy recovery at this site—used as fuel (includes on-site fuel blending before energy recovery; report only this code)

H061 Fuel blending prior to energy recovery at another site (waste generated either on site or received from off site)

Destruction or Treatment Prior to Disposal at Another Site

H040 Incineration—thermal destruction other than use as a fuel (includes any prepa-ration prior to burning)

H070 Chemical treatment (reduction/destruction/oxidation/precipitation); do not include immediate treatment in an exempt wastewater treatment unit with discharge to a NPDES-POTW (unless required by State)

H081 Biological treatment; do not include immediate treatment in an exempted wastewater treatment unit with discharge to a NPDES-POTW (unless required by State)

H100 Physical treatment only (adsorption/absorption/separation/stripping/dewatering); do not include immediate treatment in an exempted wastewater treatment unit with discharge to a NPDES-POTW (unless required by State)

H110 Stabilization prior to land disposal at another site (encapsulation/stabilization/fixation)



Notes:

Page 268

Management Method Codes, continued

H120 Combination of chemical, biological, and/or physical treatment; do not include immediate treatment in an exempted wastewater treatment unit with discharge to a NPDES-POTW (unless required by State)

H121 Neutralization only (no other treatment)

H122 Evaporation (as the major component of treatment; not reportable as H070, H081, H100, or H120)

H129 Other treatment that does not include on-site disposal (specify in comments)

Disposal

H130 Surface impoundment that will be closed as a landfill (with prior treatment and/or stabilization meeting LDR treatment standard)

H131 Land treatment or application (with any prior treatment and/or stabilization)

H132 Landfill (with prior treatment and/or stabilization)

H134 Deepwell or underground injection (with or without treatment; this waste was counted as hazardous waste)

H135 Discharge to sewer/POTW or NPDES with prior management (e.g., storage or transported prior to discharge to POTW or by NPDES)

Transfer Off-Site

H141 The site receiving this waste stored/bulked and transferred the waste with no reclamation, recovery, destruction, treatment or disposal at that site. [Do not use this code in Item 1.D (source code G25) or Item 2 (On-site Management) of Form GM]. For Form WR, linked to source code G61 on Form GM.

NOTE: “Form GM” means the Waste Generation and Management Form. “Form WR” means the Waste Received From Off-site Form.



Notes:

Page 269

MANIFEST DISCREPANCIES

Types of Manifest Discrepancies [40 CFR 264.72(a) and 265.72(a)]

There are five possible types of manifest discrepancies identified in Item 18a:

1. Significant differences between the quan-tity of hazardous waste designated on the manifest or shipping paper and the quantity a facility actually received

2. Significant differences between the type of hazardous waste designated on the man-ifest or shipping paper and type of haz-ardous waste a facility actually received

3. Residues that exceed the quantity limits for “empty” containers

4. Partial rejections of a shipment of waste

5. Full rejections of a shipment of waste.

Significant Discrepancies in Quantity [40 CFR 264.72(b) and 265.72(b)]

A significant discrepancy in quantity would be:

• For bulk wastes, variations greater than 10% in weight.

• For batch waste, any variation in piece count.

Bulk Shipment:

Batch Shipment:



Notes:

Page 270

Manifest Discrepancies, continued

Significant Discrepancies in Type [40 CFR 264.72(b) and 265.72(b)]

A significant discrepancy in type would be an obvious difference in the waste that can be discovered by inspection, such as waste sol-vent substituted for waste acid or toxic constit-uents that have not been reported on the mani-fest. They are NOT manifest mistakes.

Required Actions for Significant Discrepancies [40 CFR 264.72(c) and 265.72(c)]

If a TSDF discovers a manifest discrep-ancy, the facility must:

1. Attempt to reconcile the discrepancy with the generator.

2. Note the discrepancy in Item 18 on the manifest.

If, after 15 days, the TSDF and the gener-ator are unable to reconcile the discrepancy, then the TSDF must notify the state or the US EPA in writing.



Notes:

Page 271

REJECTED SHIPMENTS

TSDF Responsibilities for Rejected Shipments [40 CFR 264.72(d)–(g) and 265.72 (d)–(g)]

If a designated facility (e.g., a TSDF) rejects a shipment of hazardous waste, (partially or in full), the facility must:

• Contact the generator to find out what the generator wants done with the waste.

• Ship the waste to an alternate facility or back to the generator (depending on what the generator instructs the facility to do with the waste) within 60 days of the rejection.

If the rejection is a “full rejection” AND the transporter is still present at the facility, the rejected shipment may be forwarded to an alternate facility or returned to the generator by completing Items 18a and 18b of the orig-inal manifest. In this scenario, the TSDF must retain a copy of the manfest for its records and give the remaining copies of the manifest to the transporter.

If the TSDF “partially rejects” the ship-ment or if the TSDF rejects the waste after the transporter has left the facility, the TSDF will need to create a new manifest to accompany the shipment. When creating a new manifest, the TSDF must:

• Prepare the new manifest in accordance with the regulations at 40 CFR 262.20(a).

• Link the original and new manifests together by copying the manifest track-ing numbers from each manifest onto the other.

• Sign the Generator’s/Offeror’s Certi-fication in Item 15 as the offeror of the shipment.

NOTE: If the TSDF rejects a waste and sends that waste to an alternate facility using a new manifest, they must mail a copy of the mani-fest to the generator.

Completing a New Manifest for Rejected Waste

When preparing a new manifest for rejected waste, the new manifest is filled out almost the same way that the original manifest was. However, there are a few key differences between what was previously entered and what must be entered afterwards:

• Item 1 – Generator ID Number

– If the waste is being sent to an alternate facility, then the initial generator’s EPA ID number should be written in Item 1.

– If the waste is being returned to the generator, then the TSDF’s EPA ID number should be written in Item 1.



Notes:

Page 272

Rejected Shipments, continued

• Item 5 – Generator Information

– If the waste is being sent to an alter-nate facility, then the initial generator’s name and address should be written in Item 5.

– If the waste is being returned to the generator, then the TSDF’s name and address should be written in Item 5.

• Item 8 – Name and Address of Destina-tion Facility

– If the waste is being sent to an alter-nate facility, then the alternate facility’s name, address, and ID number should be written in Item 8.

– If the waste is being returned to the generator, then the generator’s name, address, and ID number should be written in Item 8.

Linking the Manifests Together

In order to link the “old” manifest to the “new” manifest, the TSDF must:

• Copy the manifest tracking number from Item 4 of the “new” manifest to the man-ifest reference number line in Item 18a of the “old” manifest.

• Indicate the type of discrepancy in Item 18a of the “old” manifest.

• Indicate the reason for the rejection and a description of the waste in Item 18a of the “old” manifest.

In order to link the “new” manifest back to the “old” manifest, the TSDF must:

• Copy the manifest tracking number from Item 4 of the old manifest to Item 14 of the new manifest.

• Indicate in Item 14 of the new manifest that the shipment is a residue or rejected waste from a previous shipment.

Amending Manifests

If a TSDF rejects a waste or identifies a con-tainer residue that exceeds the quantity limits for “empty” containers AFTER it has signed, dated, and returned a copy of the manifest to the transporter or generator, the TSDF must:

• Amend the “old” manifest by:

– Indicating the discrepancy in Item 18a.

– Copying the manifest tracking number from Item 4 of the “new” manifest to the manifest reference number line in Item 18a of the “old” manifest.

• Re-sign and date the original manifest to certify the information as amended.

• Send copies of the amended manifest to the generator and the transporter with-in 30 days.



Notes:

Page 273

Rejected Shipments, continued

Generator Responsibilities for Rejected Shipments

Handling the Manifest [40 CFR 262.23(f)]

If a TSDF returns a rejected shipment of hazardous waste to the generator, the gener-ator must:

• Sign the manifest as the designated facility in Item 18c, if the original mani-fest is used, or in Item 20, if a new mani-fest is used.

• Provide a copy of the manifest to the transporter and send a copy to the TSDF within 30 days of receiving the shipment.

Accumulating Rejected Wastes on Site [40 CFR 262.16(e) and 262.17(g)]

If a generator receives hazardous waste back from a designated facility as a rejected load or residue, then the generator may accu-mulate the returned waste on site in accordance with either the small quantity or large quantity generator exemption (depending on generator category). In such cases, the 180-day/270-day or 90-day clock is “reset,” and generators have up to 180/270 or 90 days to accumulate the waste on site.



Notes:

Page 274

COPIES OF THE PAPER MANIFEST AND RETENTION

Copies of the Paper Manifest [40 CFR 262.22]

The paper version of the manifest consists of five copies. The generator retains one copy of the manifest and gives all other copies to the transporter. Each copy of the manifest identi-fies who it is intended for:

• Copy 5: Retained by the generator

• Copy 4: Retained by the transporter

• Copy 3: Retained by the designat-ed facility

• Copy 2: Returned to the generator by the designated facility within 30 days of receipt of the shipment

• Copy 1: Inputted into EPA’s e-Manifest system by the designated facility within 30 days of delivery

Use of “Obsolete” 6-copy Manifests

Previously the manifest consisted of six copies instead of five. Under the old system, copies 1 and 2 were sent to the TSDF’s state and the generator’s state, respectively. With the implementation of the e-Manifest system, states will now access the national database to get manifest information, eliminating the necessity for two separate copies.

EPA still accepts Page 1 copies of the obso-lete 6-copy forms for processing, but strongly recommends that users transition to the 5-copy forms. If a user wishes to continue to use the obsolete 6-copy forms, they should undertake measures to minimize confusion. For example, one approach could include applying a pre-printed adhesive label to the top copy with the accurate copy distribution language (“desig-nated facility to EPA’s e-Manifest system”).

Retention of Paper Manifests [40 CFR 262.40(a)]

The generator must keep the “original” copy of the manifest (Copy 5) for three years or until they receive the “confirmation” copy of the manifest (Copy 2) back from the designated facility which received the waste. The confir-mation copy of the manifest must be retained by the generator for a minimum of three years from the date the waste was accepted by the initial transporter.



Notes:

Page 275

Copies of the Paper Manifest and Retention, continued

State Differences

States have specific rules for manifesting that may be different from the Federal rules. Some State differences include:

• State-specific wastes that must be shipped on a manifest.

• Excepting state-specific universal waste from manifesting while in the state where it was generated.



Notes:

Page 276

GENERATOR EXCEPTION REPORTING

Requirements for Large Quantity Generators [40 CFR 262.42(a)(1) and (2)]

If no confirmation copy of the manifest is received back from the designated facility within 35 days of the date of shipment, a large quantity generator must determine the status of the shipment by:

• Contacting the designated facility to determine whether it received the ship-ment and whether it sent the confirma-tion copy.

• Contacting the transporter to deter-mine the status of the shipment, if the designated facility has not received the shipment.

A large quantity generator who does not receive a confirmation copy of the manifest bearing the handwritten signature of the des-ignated facility operator within 45 days of shipment must submit an exception report to the EPA Regional Administrator for the region in which the generator is located, or to the RCRA-authorized State agency.

The exception report must include:

• A legible copy of the manifest.

• A cover letter, signed by the generator, explaining efforts taken to locate the hazardous waste and the results of those efforts.

Requirements for Small Quantity Generators [40 CFR 262.42(b)]

A small quantity generator who does not receive a confirmation copy of the manifest back from the designated facility within 60 days of the date of shipment must submit an exception report. This should be sent to the EPA Regional Administrator for the region in which the generator is located, or to the RCRA-authorized State agency.

The exception report must include:

• A copy of the manifest.

• An indication that the generator has not received confirmation of delivery.

– This can be indicated by a hand-written or typed note directly on the copy of the manifest, or on an attached note.



Page 277

DOT LETTER—TRAINING REQUIREMENTS FOR SIGNING SHIPPING PAPERS



Notes:

Page 278

ELECTRONIC MANIFESTSe-Manifests

Implementation of the e-Manifest System

On June 30, 2018, the e-Manifest system was authorized in all states. The use of the e-Manifest is currently voluntary, so genera-tors may still use paper manifests if they prefer.

Destination facilities (typically TSDFs), however, are required to input data from ALL manifests into the e-Manifest database, includ-ing data from paper manifests. The EPA will no longer allow destination facilities to submit paper manifests after June 30, 2021 (will need to scan in or use e-Manifests).

NOTE: As part of the new e-Manifest system, any e-Manifests submitted will be available to the public 90 days post-receipt.

Benefits of the e-Manifest System

The EPA strongly encourages the use of an e-Manifest now, rather than delaying use, not only because it makes data collection easier for the Agency, but also because EPA feels that there are several overall benefits to using e-Manifests instead of paper copies for the reg-ulated community. These benefits include:

• The ability for users to track shipments in real time.

• More timely and higher quality data.

• Cost savings.

• Paperwork reduction.

• “One-stop” manifest copy submission to the EPA and all interested states.

The e-Manifest Database

The EPA requires all e-Manifests to be sub-mitted to “RCRAInfo.” RCRAInfo is an online portal that is also used for biennial reports and site notifications in some states. RCRAInfo can be accessed at:

https://rcrainfo.epa.gov/

Handlers must register to be able to submit electronically, as well as to make corrections to the manifest. All regulated persons (i.e., gener-ators, transporters, and TSDFs) can access and enter information into the e-Manifest database at RCRAInfo. Other individuals who fill out manifests on behalf of a company (e.g., bro-kers) can gain access as well.

User Access

Each person who registers at RCRAInfo will be assigned a role based on the functions they need to perform. There are four possible roles in the system:



Notes:

Page 279

Electronic Manifests, continued

1. Viewer (can only view the content).

2. Preparer (can fill out the manifest but cannot sign).

3. Certifier (can actually sign the manifest).

4. Site manager (can perform all of the func-tions of the other roles).

Site managers play a crucial role on the RCRAInfo site because they can assign roles to employees within the same company. The EPA recommends that companies have two or more site managers.

NOTE: Individuals who sign the manifest MUST go through a validation in order to pro-vide e-signatures. Accounts are per individual and CANNOT be shared.

EPA Identification Numbers and Facility Access

To use the e-Manifest system, receiv-ing facilities (e.g., TSDFs) must have an EPA ID number. Generators and transporters need an EPA ID number if they want to sign the e-Manifest, however, they can still per-form other functions without an ID number. Once an e-Manifest has been entered into the system, all regulated persons (generator, trans-porter, TSDF) will have access to the e-Mani-fest, provided that they are a registered user at RCRAInfo.

Responsibilities for Generators and Transporters Under the e-Manifest System

Generators and transporters have lim-ited responsibility under the e-Manifest rules. Generators will likely fill out the top part of the manifest (containing contact and general information), and both generators and trans-porters may need to print out a copy for trans-portation purposes.

NOTE: Although the EPA allows the use of an electronic manifest to track shipments, the DOT still requires that a physical shipping paper accompany shipments of hazardous materials. Therefore, if the generator chooses to use an e-Manifest, either a copy of the man-ifest must be printed out for the shipment, or a separate shipping paper will need to be pre-pared for the shipment. Generators and trans-porters will need to work together to deter-mine how to handle this issue.

Submitting e-Manifests to the EPA

Receiving facilities (typically TSDFs) are required to submit e-Manifests to the EPA. Currently, receiving facilities have four ways to submit manifests to the EPA:

1. Direct input through RCRAInfo

2. Uploading manifest data from an indus-try system

3. Submitting PDF copies

4. Mailing hard copies



Notes:

Page 280

Electronic Manifests, continued

When using the option of paper uploads, these can be done individually or as a batch, but require Cross-Media Electronic Reporting Rule (CROMERR) certification.

Fees for e-Manifests

Under the e-Manifest rules, receiving facilities are required to pay all filing fees associated with submitting the e-Manifest. It is entirely possible, if not likely, though, that filing costs will be passed along to generators by their TSDFs. A submission fee applies “per manifest.” The amount owed varies depend-ing on the “difficulty” of the EPA to process the manifest. Submission fees are more expen-sive when not using RCRAInfo.

The EPA will revise the fee schedules at two-year intervals, with schedules published on the EPA’s e-Manifest program website by July 1 of each odd-numbered calendar year. The revised fees cover the two fiscal years beginning on October 1 of that year and ending on September 30 of the next odd-numbered year. However, the second year will be subject to an inflation adjuster.

State Adoption of the e-Manifest Rule

The e-Manifest requirements became effective in all states on the same date: June 30, 2018, and states were required to revise their programs to align with the new e-Man-ifest rules. Manifests identifying state-specific wastes subject to State manifesting require-ments must be submitted by the receiving facility to the EPA. States will then access these manifests through the new database.

Under the e-Manifest rules, states cannot require receiving facilities to send physical copies of manifests to them. States can, how-ever, require generators to send copies of man-ifests to them if they are using paper copies, so you should check with your state to see if it requires generators to submit paper copies of the manifest.

e-Manifest Website

The EPA has a dedicated website for e-Manifests that can be used to track the status of the program. The website has helpful FAQ pages and also has an e-Manifest listserve you can join to keep you up-to-date on all things related to the e-Manifest. The website is:

www.epa.gov/e-manifest



Page 281

OFF-SITE SHIPMENTSEPA vs. DOT

Activity EPA – 40 CFR DOT – 49 CFR

Selecting the destination

“Designated facility”: 260.10Manifest Certification

-------

Classification Hazardous Waste: Part 261 Hazard classes: 173.2, 173.2aHazardous substances: 172.101,

Appendix A and 171.8Marine pollutants: 172.101, Appendix BHazardous waste: 171.8

Naming ------- Selecting/amending the Proper Shipping Name: 172.101

Packaging ------- References: 172.101 TableStandards: 173Specifications and tests: 178Special provisions: 172.102

Marking and labeling

Hazardous waste marking: 262.32 Markings: 172, Subpart D Labels: 172, Subpart E

Paperwork Manifest instructionsManifest, generators: 262, Subpart BManifest, transporters: 263, Subpart BManifest, TSDFs: 264/265, Subpart E

Shipping papers: 172, Subpart CEmergency response information:

172, Subpart G

Placards ------- Requirements: 172, Subpart F

Transporting Delivery: 263.21 Rail: 174; Air: 175; Vessel: 176; Highway: 177

Modal agency rules (e.g., Motor Carrier Safety: Parts 350–399)

Security/ Incidents

Response to and cleanup of releases: 263, Subpart C

RQ Reporting: 302

Emergency response information: 172, Subpart G

Security: 172, Subpart IHighway incidents: 177, Subpart DIncident Reports: 171.15–171.16

Administration EPA ID number: 263.11Recordkeeping: 263.22

Shipping paper records: 172.201Registration: 107, Subpart GAdditional administrative: Part 107

Training At generator/TSDF site only: 265.16 All hazmat employees: 172, Subpart H



Management




CONTENTS


Management Systems ........................................................................................................284

Why Keep Records? ...........................................................................................................286

Generator’s Recordkeeping Requirements ....................................................................289

Documenting Waste Determination ................................................................................291

Training “Persons” and Regulatory Requirements .......................................................294

“Hazmat Employee” Training ..........................................................................................295

OSHA’s Hazardous Waste Operations and Emergency Response Standard ............298

OSHA’s Hazardous Waste Operations Standard Training Requirements .................300

Waste Minimization ...........................................................................................................302

Common Critical Issues in Waste Minimization ...........................................................304

Pollution Prevention ..........................................................................................................306

Source Reduction Activities by Category .......................................................................310

The Federal Register .............................................................................................................312



Notes:

Page 283


EPA: Environmental Protection Agency

Hazmat Employee: For training purposes, the US DOT defines this as a person who is employed by a hazmat employer and who in the course of employment directly affects hazardous materials transportation safety. [49 CFR 171.8]

Hazmat Employer: For training purposes, the US DOT defines this as a person who uses one or more of his or her employees in connection with: transporting hazardous materials in commerce; causing hazardous materials to be transported or shipped in commerce; or representing, marking, certifying, selling, offering, manufacturing, reconditioning, testing, repairing, or mod-ifying containers, drums, or packagings as qualified for use in the transportation of hazardous materials. [49 CFR 171.8]

HAZWOPER: Hazardous Waste Opera-tions and Emergency Response (OSHA standard)

OSHA: Occupational Safety and Health Administration

Personnel: For training purposes, the US EPA defines this as all persons who work at, or oversee the operations of, a hazardous waste facility, and whose actions or failure to act may result in noncompliance with the requirements of part 264 or 265 of this chapter. [40 CFR 260.10]





Notes:

Page 284

MANAGEMENT SYSTEMSIntroduction


40 CFR Topic

262, Subpart D Generator’s recordkeep-ing requirements

262.17(a)(7)(iv) and (v)

Personnel training records

268.7(a) Generator LDR record-keeping

262.260–262.265 Contingency plans

265.195(c) Large quantity generator storage tank inspections


In addition to the actual hazardous waste management activities, generators will need to assure that they have a system to manage their site’s regulatory and statutory mandates, and also good management practices. Their haz-ardous waste management system should, at a minimum, assure that they are:

• Creating and maintaining all re-quired records.

• Meeting their reporting obligations.

• Training their hazardous waste personnel.

• Implementing a waste minimiza-tion program.

• Keeping up with regulatory changes.

Generators are required to keep paper-work to prove they are meeting their regu-latory requirements. These documents may include records related to waste identification, inspections, manifest exceptions, LDR compli-ance, exclusions, and personnel training.

Generators may also be required to submit reports to the EPA. These may include biennial reporting, manifest exception reporting, and contingency plan reporting.

Generators will need to make sure that their personnel, including contractors, have been adequately trained in their hazardous waste management procedures. In addition, these employees may be subject to other agen-cies’ training standards while handling haz-ardous waste (e.g., DOT hazmat employee training, OSHA hazard communication or HAZWOPER training). These requirements may mean additional content as part of an employee’s training curricula.

While not a recordkeeping requirement under the Federal hazardous waste rules, RCRA does require generators to have a pro-gram to reduce the volume and toxicity of their hazardous wastes.

No regulatory program is static. Genera-tors must actively follow any changes to the hazardous waste management regulations in the Federal Register and commit the resources to ensure waste management programs reflect their current obligations.



Notes:

Page 285

Management Systems, continued


In order to have a comprehensive and effective hazardous waste management system, generators need to know, at least, the following:

• Their generator status (i.e., large quantity, small quantity, very small quantity).

• The details for each hazardous waste stream, including type, properties, quan-tities, etc.

• Which employees and contractors are performing hazardous waste manage-ment functions.

• Where to locate the current hazardous waste regulations.



Notes:

Page 286

WHY KEEP RECORDS?A Summary

Four Basic Categories

Documentation needs can be divided into four basic categories:

1. Those required by law or regulation.

2. Those requested from you by others.

3. Those serving as “CYA” documents in case of enforcement, lawsuit, or other actions.

4. Those used to establish and maintain good management practices at your facility.

Documentation needs also differ depend-ing on who you are. For example, generator records are different from transporter or TSDF records. A facility operating an incinerator has different records than a recycler, etc. A formal, planned recordkeeping system should be established for the specifics of managing each site. This section discusses some of the consid-erations that go into establishing a site-specific recordkeeping system.

Regulatory Requirements

The Federal hazardous waste manage-ment regulations require that generators keep certain records regarding management of their hazardous wastes. Specifically, generators must keep records that document any infor-mation used in determining:

• Whether the waste is or is not a hazard-ous waste [40 CFR 262.11(f)].

• Applicable land disposal restriction (LDR) standards [40 CFR 268.7(a)(8)].

• Whether the waste contains volatile organics subject to air emission controls [40 CFR 265.1084].

With a few exceptions, these records must be kept for at least three years from the date that the waste was last sent off site. All records must be presented upon request to an autho-rized EPA representative.

Documents Requested by Others

Many of the organizations with which you work will request certain documentation from you. These include customers, TSDFs, insur-ance companies, and others. These organiza-tions may request such documents for various reasons, including:

• They are required by law to get it from you. (Remember, however, requirements of a TSDF permit are negotiated by them. They may be able to change these require-ments if they prove particularly onerous to you—although it may require waiting until their next permit renewal.)

• They are required by law to have it and find it easier to get it from you than to develop it themselves (valid if it is indeed easier and cheaper for you as well).



Notes:

Page 287

Why Keep Records?, continued

• They have decided it is in their interests to obtain it from you. (Is it in your best interests to supply? Negotiate!)

• They have always gotten it before. (The “weight of tradition”—silly, but common.)

• They have been asked for it by someone else (who asked them for one of the above reasons).

When asked for such information, you should always keep in mind that you have at least four options for a response:

1. You may supply the information, as re-quested.

2. You may negotiate alternative informa-tion that will serve the same purpose.

3. You may refuse and try to argue them out of “requiring” the documentation.

4. You may use another vendor.

CYA Documents

Under Federal (RCRA) law and regulation, the EPA is allowed to enforce on the basis of “rebuttable presumption.” Greatly simplified, rebuttable presumption enforcement means that if the EPA has any “reason to believe” that a material is a hazardous waste, the generator must prove that it is not. This requires some type of records or “dossier” for materials that:

• ARE hazardous waste.

• ARE solid waste but believed NOT to be hazardous waste.

• The EPA might have reason to believe are solid waste or hazardous waste.

Similar rebuttable presumption principles apply to other regulatory classifications and decisions such as how US DOT classification has been made, reportable quantities for envi-ronmental releases, etc.

“Good Management” Documents

As with any aspect of business, a well-run waste management system should include documented policies and procedures; docu-mented assignment of authority, responsibil-ity and accountability; and other management documentation. Such documentation will help you to:

• Operate more efficiently.

• Manage and train personnel ap-propriately.

• Demonstrate “good-guyism” in the event that anything goes wrong (i.e., that the mistake was a single incident and not typical of your operations).

Record Retention

All regulatory recordkeeping require-ments include retention times. For example:

• Waste ID records must be kept three years from the last time the waste was sent to the TSDF.

• LDR records must be kept three years.



Notes:

Page 288

Why Keep Records?, continued

• Certain TSDF records must be kept until 30 years after facility closure.

However, the end of a record retention period should not be considered cause to dis-card or destroy all records.

Remember: Generators are responsible for any damages caused by any waste they

generate, forever!

Records that protect you from loss, liabil-ity, or enforcement should be maintained.



Page 289

GENERATOR’S RECORDKEEPING REQUIREMENTS

Documentation Required Regulatory Reference How Long?

Documentation to prove second-ary material is not “solid waste”

40 CFR 261.2(f) No regulatory requirement; must be able to rebut presumption that material is/was waste

Hazardous waste determination records

40 CFR 262.11(f) and (g) 3 years from date waste was last sent for TSD

Generator’s copy of manifest with transporter’s signature

40 CFR 262.40(a) 3 years or until receive confirma-tion copy with signature from TSDF

Confirmation copy of manifest with TSDF’s signature

40 CFR 262.40(a) 3 years from date waste was accepted by transporter

Generator’s biennial report 40 CFR 262.40(b) 3 years from due date (due date = March 1 of each even-num-bered year)

Exception report for non-returned manifest confirmation copy

40 CFR 262.40(b) and 262.42 3 years from due date (due date = must send if don’t receive manifest copy from TSDF within 45 days from date of shipment)

Personnel training records must be kept at the facility

40 CFR 262.17(a)(7)(v) Current personnel = until closure of the facility; former personnel = for at least 3 years from date last worked at facility

LDR determination records must be retained on-site in the genera-tor’s files

40 CFR 268.7(a)(6) and (a)(8) At least 3 years from date last sent for TSD

Copies of LDR notifications/cer-tifications must be kept on site

40 CFR 268.7(a)(8) At least 3 years from date last sent for TSD

Hazardous waste contingency plan must be maintained at the facility

40 CFR 262.262

40 CFR 265, Subpart D

“must have” while storing haz-ardous waste as large quantity generator or TSDF

Engineer’s assessment of integ-rity of storage tank and system must be kept on file at the facility

40 CFR 265.191(a) and 265.192(a) and (g)

Until closure



Notes:

Page 290

Generator’s Recordkeeping Requirements, continued

Documentation Required Regulatory Reference How Long?

Daily/weekly tank system inspections must be kept in the operating record

40 CFR 265.195(a)–(c)

Until closure

Determination of VOC by analy-sis sampling plan must be kept in the operating record

40 CFR 265.1084 (a)(3)(ii)(C) Until closure

40 CFR 265.1090(f) 3 years

Determination of VOC by knowl-edge must be kept in the operat-ing record

40 CFR 265.1084 (a)(4) Until closure

40 CFR 265.1090(a) and (f) 3 years

Time, date, and details of inci-dents requiring implementation of contingency plan must be noted in the operating record

40 CFR 262.265(i) Until closure



Notes:

Page 291

DOCUMENTING WASTE DETERMINATION

Required Records

Waste generators must maintain waste determination records for several purposes, including to support hazardous waste ID, to claim an exclusion, or to identify LDR treat-ment standards.

Hazardous Waste Determinations [40 CFR 262.11(f) and (g)]

Generators must keep records supporting their hazardous waste determinations, includ-ing records that identify whether a solid waste is a hazardous waste. At a minimum, these records must include the following types of information:

• The results of any tests, sampling, waste analyses, or other determinations made in accordance with 40 CFR 262.11

• Records documenting the tests, sam-pling, and analytical methods used to demonstrate the validity and relevance of such tests

• Records consulted in order to determine:

– The process by which the waste was generated

– The composition of the waste

– The properties of the waste

• Records that explain the knowledge basis for the generator’s determination, as de-scribed at 40 CFR 262.11(d)(1)

• All applicable listed and characteristic waste codes

Waste determination records must be kept for at least three years from the date that the waste was last sent for treatment, storage, or disposal, either on or off site.

Materials That Are Not Solid Wastes [40 CFR 261.2(f)]

A generator responding to EPA enforce-ment who claims that a material is not a solid waste must provide documentation proving that there is a known market or disposition for the material and that it meets the terms of an exclusion or exemption.

LDR Determinations [40 CFR 268.7(a)(6)]

All waste analyses or other supporting data used to make LDR determinations must be maintained on site in the generator’s files.

An Optional Record: A Waste Dossier

There are many separate regulations man-dating waste ID records. Waste management is simplified by maintaining a single file or “dos-sier” to meet all of these rules.



Notes:

Page 292

Documenting Waste Determination, continued

General Description

The first part of your waste dossier should be a general description of the waste covered by the dossier. This information defines the “universe” of waste being characterized and helps the generator make waste classifica-tion decisions. The general description might include:

• A general description of the waste itself.

• A description of the generating process.

• A list of areas/departments generating the waste.

• Basic physical/chemical descriptions.

• Approximate quantity/rate of waste generation.

• A list of raw materials that enter or may enter the waste.

• Any other general information and/or experience that should be considered in classifying or managing the waste.

All wastes generated at a facility may be characterized to this level, including those that are obviously not hazardous waste. For such wastes, this information serves as justifica-tion for why the waste has not been evaluated further.

Detailed Characterizing Information

Where justified, the next information in the waste dossier should be the detailed char-acterizing data. This may include chemical and

physical analyses, detailed engineering calcu-lations, or any other data necessary to classify the waste. Examples of detailed characteriza-tion include:

• Significant constituents of the waste, with approximate percentages/ranges.

• Stoichiometric calculations of quantities of each raw material expected to end up in the waste.

• Chemical reaction data indicating any chemicals created in the process and po-tentially present in the waste.

• Physical or chemical analyses of the waste (flash point, vapor pressure, viscosity, fuel value, TCLP data, halogen content, etc.).

• Detailed treatability data or information.

Classification

Based on the information collected for the waste, the appropriate people can then make and document regulatory decisions, such as:

• Is it a hazardous waste and, if so, what are the EPA waste codes?

• Is it land disposal restricted and, if so, what are the treatment standards?

• Does it contain VOCs in concentrations requiring air emission controls?

• Is it or does it contain any CERCLA hazardous substances and, if so, what RQs apply?

• What is the DOT hazard class and Proper Shipping Name?



Notes:

Page 293

Documenting Waste Determination, continued

This information should be recorded and retained. The waste classification should refer-ence any other information used as a basis for classification. Also, any calculations or other justification for each classification decision should be recorded and maintained with the classification information. If any of this infor-mation changes, the generator will need to make a new classification decision.



Notes:

Page 294

TRAINING “PERSONS” AND REGULATORY REQUIREMENTS

Person Includes Training Subject Training Criteria Updates Reg. Ref.

EPA—RCRA—Hazardous Waste Management

Personnel at LQG site

Anyone who could cause non-compliance at the facility

Duties which ensure the facility’s compli-ance with EPA rules

Established by the generator in a writ-ten training plan

Annual review of initial train-ing

40 CFR 262.17(a)(7)

Employees at SQG site

Employees involved in waste handling and emergency response

Duties which ensure the facility’s compli-ance with EPA rules

Established by the generator (no written plan)

No specific updates

40 CFR 262.16(b)(9) (iii)

DOT—HMTA—Hazardous Materials Transportation

“Hazmat Employees”

Employees who directly affect transportation safety

Compliance with DOT rules and safety

Determined, tested, and cer-tified by the employer

Repeated at least every three years; train on rule changes as they occur.

49 CFR 172, Subpart H; 173.1(b)

OSHA—HAZWOPER—Certain Hazardous Waste Operations

Cleanup Site Employee

Employees who may be exposed to hazards at cleanup sites, and their supervisors

Hazards, hazard protection, medical surveillance, and the site safety plan

Specified as min-imum time (e.g., 40 hours initial plus 3 days field experience); some specific content

8 hours annual refresher

29 CFR 1910.120(e)

TSDF Site Employee

Employees exposed to health hazards or haz-ardous substances at TSDF sites

To enable employ-ees to perform their assigned duties in a safe and healthful manner

Specified as mini-mum time (e.g., 24 hours for general site employees)

8 hours annual refresher

29 CFR 1910.120(p)(7)

Emergency Responder

Employees who respond to emer-gencies other than regulated above

Understand hazards, recognize emer-gencies, response actions, etc.

Both content and minimum time specified

Annual refresher

29 CFR 1910.120(q) (4)–(8)



Notes:

Page 295

“HAZMAT EMPLOYEE” TRAINING 49 CFR 172, Subpart H

The DOT explicitly requires “hazmat employers” to ensure that their “hazmat employees” are trained.

Hazmat employee: means a person who is employed by a hazmat employer and who in the course of employment directly affects hazardous materials transportation safety. This term includes an individual, including a self-employed individual, employed by a hazmat employer who, during the course of employment:

1. Loads, unloads, or handles hazardous materials;

2. Manufactures, tests, reconditions, repairs, modifies, marks, or otherwise represents containers, drums, or pack-agings as qualified for use in the trans-portation of hazardous materials;

3. Prepares hazardous materials for trans-portation;

4. Is responsible for safety of transporting hazardous materials; or

5. Operates a vehicle used to transport hazardous materials. [49 CFR 171.8].

Required Training for Hazmat Employees [49 CFR 172.704(a)]

Training for All Hazmat Employees

All hazmat employees are required to receive three types of training:

1. General Awareness Training

General awareness training is intended to provide the “big picture” of the DOT hazardous material regulations in gen-eral and where the employee “fits in” to the process. General awareness training should provide familiarity with hazard classes—which things are hazardous materials—and assure that employees are able to recognize and identify haz-ardous materials based on DOT-required communications (labels, package mark-ings, etc.).

2. Function-specific Training

Function-specific training is intended to teach each employee the specific hazard-ous material regulations applicable to their specific job functions, as well as the specific procedures that must be followed in order to be in compliance with applica-ble hazardous materials regulations.



Notes:

Page 296

“Hazmat Employee” Training, continued

3. Security Awareness Training

Security awareness training is intended to provide an awareness of security risks and methods used to enhance security, as well as to assure that employees are able to recognize possible security threats and know how they are expected to respond.

Training for Some Hazmat Employees

Additionally, some hazmat employees may also require:

• Safety Training

Safety training is required for those hazmat employees who actually handle hazardous materials during transporta-tion or who may be exposed to hazardous materials in the event of a transporta-tion-related incident. Employees need to be trained in proper package handling techniques to prevent spills, what to do in the event of spills, both non-emergency and emergency procedures, and how to protect themselves from the hazards of the materials they are around.

• Security Plan Training

Security plan training is required for hazmat employees at facilities that re-quire hazmat security plans. The training must cover:

– The organization’s security objectives.

– Specific security procedures.

– Individual employee’s responsibilities.

– Actions to take in the event of a security breach.

– The organization’s security structure.

Timing of Training [49 CFR 172.704(c)]

Initial Training

Initial training must be provided:

• Prior to performing a job function.

• Within 90 days, for new employees working under the direct supervision of someone who is properly trained and knowledgeable.

NOTE: By “under the direct supervision,” the DOT means that the supervisor is able to notice and correct any mistakes by the new employee. Merely reporting to a trained employee is not sufficient.

Recurrent Training

All hazmat employees must be “retrained” no more than three years from the anniversary date of initial training. “Recurrent training” must include all five types of training (e.g., general awareness or function-specific), as applicable. Employers must test employees and create an updated “record of training.”

Update Training

Update training is required:

• If job duties change.

• If the DOT changes regulations affect-ing the employee’s job.

NOTE: No new test or record is required for update training, but it might be a “good man-agement practice” to do these things.



Notes:

Page 297

“Hazmat Employee” Training, continued

Testing and Recordkeeping [49 CFR 172.704(d)]

Each hazmat employee must be tested “by appropriate means” on the training sub-jects covered. The hazmat employer must create and retain a “record of current training” for each hazmat employee. The record shall include:

• The hazmat employee’s name.

• The most recent training completion date of the hazmat employee’s training.

• A description, copy, or the location of the training materials used to meet the requirements at 49 CFR 172.704(a).

• The name and address of the person pro-viding the training.

• Certification by the hazmat employer that the hazmat employee has been trained and tested.

Training records must cover hazmat train-ing given to an employee during the previous three years and must be kept for:

• As long as the employee is employed as a hazmat employee, and

• At least 90 days afterwards.



Notes:

Page 298

OSHA’S HAZARDOUS WASTE OPERATIONS AND EMERGENCY RESPONSE STANDARD

29 CFR 1910.120

Who’s Covered?

Three Categories Regulated

OSHA regulates three categories of employees under the Hazardous Waste Opera-tions and Emergency Response Standard. Each category has its own applicability and its own set of rules:

• Cleanup Site Workers: Employees di-rectly involved in a hazardous substance or hazardous waste cleanup activity on site may be regulated under 29 CFR 1910.120(b)–(o). This rule applies only to actual enforced or enforceable environ-mental cleanups (e.g., leaks from hazard-ous waste tanks, old lagoons and land-fills, etc.). It does not include response to localized spills, etc.

• TSDF Workers: Employees who work at a permitted or interim status treatment, storage, or disposal facility are subject to 29 CFR 1910.120(p). Employees not involved with the TSDF operation are not covered.

• Emergency Responders: Employees who must respond in any way to emergencies involving hazardous substances are sub-ject to 29 CFR 1910.120(q).

There are two exemptions:

1. Responses that can be handled by em-ployees in the immediate release area or by maintenance personnel (OSHA’s assumption here is that these people typically work with the substance released and are trained in its hazards and precautions under the Hazard Communication Standard [29 CFR 1910.1200]).

2. Responses to releases where there is no potential safety or health hazard.

Training Requirements

Cleanup Site Employees [29 CFR 1910.120(e)]

Employees who may be exposed to haz-ardous substances, health hazards, or safety hazards at cleanup sites must be trained and so must their supervisors. This training must cover things such as:

• Safety, health, and other hazards present at the site.

• Use of personal protective equipment.

• Work practices the employee can use to minimize risks.



Notes:

Page 299

OSHA’s Hazardous Waste Operations and Emergency Response Standard, continued

• Safe use of engineering controls and equipment.

• Medical surveillance requirements.

• Details of the site safety and health program.

TSDF Site Employees [29 CFR 1910.120(p)(7)]

Employees who are exposed to health hazards or hazardous substances at TSDF sites must be trained. This training must enable them to perform their assigned duties in a safe and healthful manner that will not endanger them and those around them.

Emergency Responders [29 CFR 1910.120(q)(6)]

Emergency responders are divided into subcategories based on their level of involve-ment, and must be trained as appropriate to that involvement. The levels of emergency response are:

1. First Responder Awareness Level. Employ-ees who could witness or discover a release of hazardous substances and are trained to notify the proper authorities.

2. First Responder Operations Level. Employ-ees who will respond defensively to a release to protect nearby persons, proper-ty, or the environment without trying to stop the release.

3. HAZMAT Technicians. Employees who will respond aggressively to try to stop the release.

4. HAZMAT Specialists. Employees who provide support to technicians, including technical knowledge and guidance, and act as liaisons to government authorities.

5. On-Scene Incident Commander. Employees who assume control of the incident scene beyond the first responder awareness level.

Training will include things such as an understanding of the hazards involved, the ability to recognize releases of hazardous sub-stances, and recognizing emergency response actions.

Refresher Training

All employees covered by the HAZWO-PER standard must receive annual refresher training.

• For the majority of personnel working at cleanup sites and at TSDFs, eight hours of refresher training are required.

• Emergency responders must also re-ceive annual retraining. However, OSHA simply says that this training must be of sufficient content and duration to main-tain their competencies or that they must demonstrate competency at least yearly.

Documentation

Documentation and retention require-ments for this training are discussed elsewhere in this section.



Page 300

OSHA’S HAZARDOUS WASTE OPERATIONS STANDARD TRAINING REQUIREMENTS

Hazardous Waste Clean-Up Sites

Staff

• General site employees (real or potential exposure)

40 hours initial 24 hours field 8 hours annual refresher

• General site employees (minimal exposure)


• Occasional site employees (minimal exposure)


Supervisors/Managers of:

• General site employees (real or potential exposure)

40 hours initial 24 hours field 8 hours specialized 8 hours annual refresher

• General site employees (minimum exposure)


• Occasional site employees (minimal exposure)


• Emergency response personnel Trained to a level of competency Annual refresher

Note: See 29 CFR 1910.120(e) for a description of the required training elements.

Treatment, Storage, and Disposal Sites Staff

• General Site employees 24 hours initial or equivalent 8 hours annual refresher

• Emergency response personnel Trained to a level of competency Annual refresher

Note: See 29 CFR 1910.120, (p)(7), and (p)(8) for a description of the required training elements.


OSHA’s Hazardous Waste Operations Standard Training Requirements, continued


Page 301

Other Emergency Response Staff

• Level 1—First responder awareness level1

Sufficient training or proven experience in specific competencies Annual refresher

• Level 2—First responder operations level2

Level 1 competency and 8 hours initial or proven experience in specific competencies Annual refresher

• Level 3—HAZMAT technician3 24 hours of Level 2 and proven experience in specific competencies Annual refresher

• Level 4—HAZMAT specialist4 24 hours of Level 3 and proven experience in specific competencies Annual refresher

• Level 5—On-scene incident commander5

24 hours of Level 2 and additional competencies Annual refresher

Note: See 29 CFR 1910.120(q)(6) for a description of the required training elements.

1 Witnesses or discovers a release of hazardous materials and who are trained to notify the proper authorities.2 Responds to releases of hazardous substances in a defensive manner, without trying to stop the releases.3 Responds aggressively to stop the release of hazardous substances.4 Responds with and in support to HAZMAT technicians, but who have specific knowledge of various hazard-

ous substances.5 Assumes control of the incident scene beyond the first responder awareness level.

[Source: Hazardous Waste Operations and Emergency Response, OSHA 3114, 1997 (Revised). A free copy of this publication can be obtained from OSHA field offices or the OSHA Publications Office, P.O. Box 37535, Washington, DC 20013-7535, (202) 693-1888 or (800) 321-6742.]



Notes:

Page 302

WASTE MINIMIZATION

Best Practice

There are no Federal requirements under RCRA to document waste minimization pro-grams in a written plan. However, when com-pliance costs, waste disposal costs, and poten-tial liabilities are all considered, systematic waste minimization simply makes good busi-ness sense.

Generator’s Certification

In addition, the generator’s certification on the Uniform Hazardous Waste Manifest (Box 15) includes a certification that the appli-cable statement below is true.

Large Quantity Generators [40 CFR 262.27(a)]

The statement for large quantity genera-tors reads:

“I am a large quantity generator. I have a program in place to reduce the volume and toxicity of waste gener-ated to the degree I have determined to be economically practicable and I have selected the practicable method of treatment, storage, or disposal cur-rently available to me which mini-mizes the present and future threat to human health and the environment.”

Small Quantity Generators [40 CFR 262.27(b)]

The statement for small quantity genera-tors reads:

“I am a small quantity generator. I have made a good faith effort to min-imize my waste generation and select the best waste management method that is available to me and that I can afford.”

Regulations vs. Guidance

The EPA has published guidance on establishing a waste minimization program. Although the EPA acknowledges that any plan must be specific to generator’s circumstances, the Agency believes that any good program must contain five basic elements:

1. Top management support

2. Characterization of waste generation and waste management costs

3. Periodic waste minimization assessments

4. Appropriate cost allocation

5. Program implementation and evaluation

The EPA has published detailed guidance on each of these elements in the May 28, 1993 Federal Register. [58 FR 31114]



Notes:

Page 303

Waste Minimization, continued

Biennial Report

The Biennial Hazardous Waste Report requires reporting on the waste minimiza-tion, recycling, or pollution prevention efforts implemented for each hazardous waste.

Additional State Requirements

Some states do require generators to pre-pare written waste minimization plans. Some states may even require periodic reporting to the State Agency on the generator’s progress in waste minimization.

Benefits

Regardless of the obligation to have a pro-gram for waste minimization, there are bene-fits to the generator, which include:

• Cost reduction—the less waste generated, the less expenses paid in transporting, treating, and disposing.

• Management options—reducing the quantity of waste generated may change the management options available (i.e., small quantity generator or very small quantity generator).

• Liability—waste minimization will not eliminate the generator’s liability for the waste already created. However, less quantities of waste make the genera-tor’s burden of tracking the waste to the TSDF easier. It may also allow the gen-erator to reduce the number of different TSDFs used.



Notes:

Page 304

COMMON CRITICAL ISSUES IN WASTE MINIMIZATION

Inventory Control

Adopt First-In/First-Out (FIFO) Policy

A good way to minimize the incidence of unused materials becoming obsolete haz-ardous waste is to rotate inventory, so that materials received first get used first. Unused materials that must be disposed of due to poor management practices are a bad invest-ment and an unnecessary drain on any busi-ness. Label all materials clearly when they are received and make sure older stocks are used before their shelf-life expires.

Use a Bar-coding System

A bar-coding system can reduce waste by improving inventory control and eliminating the purchase of excess chemicals and other materials. Bar-coding equipment is inexpen-sive and would probably pay for itself by reducing inventory. Bar-code labeling and scanning systems can also be adapted for mon-itoring the use of aerosols, paints, hazardous materials, TRI chemicals, and the disposal of waste products. These systems can also iden-tify the quantity purchased, the vendor, the quantity disposed of, the disposal method, and specific disposal costs.

Use Just-in-Time Purchasing

Stocking a minimum supply of process materials prevents accumulation of overstock that may never be used. Elimination of haz-ardous overstock saves you money and space

and encourages efficient use of the materials on hand. Computerizing your inventory will allow you to track the amount of supply used and the quantities remaining before placing your next order.

Mass Balance Accounting

Perform Material Balances for Major On-site Processes

Measuring the raw material inputs, as well as product and waste outputs for critical site processes ensures efficient production and optimization of source reduction efforts.

Materials Substitution

Research the Use of Alternative Nonhazardous or Less Hazardous Materials

Switching materials is one of the most common methods for reducing pollution, and it often results in significant regulatory reduc-tion. Companies reporting on the TRI Form R are often able to eliminate this requirement by switching one chemical. They are also able to eliminate the need for costly air permits.

Many companies let their vendors do the work for them by demanding materials that are “greener.” If your vendor is unable or unwill-ing to work with you, consider a competitor.



Notes:

Page 305

Common Critical Issues in Waste Minimization, continued

Using Aqueous Cleaners

This option is the most common form of material substitution. Aqueous cleaners usu-ally emit less toxic fumes; are nonflammable; and tend to be less hazardous to workers, the public, and the environment.

Use Low-VOC Paints and Coatings

Volatile organic compounds (VOCs) con-tribute to the problem of photochemical smog. Use of low-VOC paints and coatings can reduce hazardous air pollutants and the need for additional hazardous materials, such as petroleum distillate solvents.

Some low-VOC materials may still con-tain toxic metal pigments and are considered hazardous, so workers should exercise caution when using them.

Benefits of Waste Minimization

It is estimated that waste-stream costs are underestimated by four to seven times because hidden costs are often overlooked. In addition to saving money, what are potential benefits to doing on-site recycling?

Generator Status May Be Affected

• LQG to SQG—40 CFR 262.17 and 262.16: No written training plan required, no formal contingency plan, no RCRA air standards, no “no smoking” signs, no biennial report

• SQG to VSQG—40 CFR 262.14: Substan-tially reduced regulatory requirements

More Protective of Environment and Employees

• Reduces handling/safety risks, spills and accidents

• Lowers the potential for fines, penalties, and bad public relations

• Fewer waste management requirements (e.g., weekly inspections, RCRA air standards)



Notes:

Page 306

POLLUTION PREVENTION

P2 — The Best Environmental Management Tool

One of the most important tools in envi-ronmental management is pollution preven-tion, or “P2.” P2 refers to all efforts to design in environmental considerations and to assure against environmental impacts before any waste is generated or any environmental release occurs.

RCRA/HSWA — “Waste Minimization”

The Hazardous and Solid Waste Amend-ments of 1984 (HSWA) added a number of waste minimization mandates to RCRA:

General Goal

“...wherever feasible, the generation of hazard-ous waste is to be reduced or eliminated as expedi-tiously as possible. Waste that is nevertheless gen-erated should be treated, stored or disposed of so as to minimize the present and future threat to human health and the environment.” [RCRA §1003(b)]

The law (HSWA) stated that minimization of waste generation is to be achieved by:

“encouraging process substitution, materials recovery [and] properly conducting recycling and reuse, and treatment.” [RCRA §1003(a)(6)]

Certification

RCRA requires generators of hazardous waste to certify on their hazardous waste man-ifests that:

“The generator of the hazardous waste has a program in place to reduce the volume or quantity and toxicity of such waste to the degree determined by the generator to be economically practicable; and

‘The proposed method of treatment, storage, or disposal is that practicable method currently available to the generator which minimizes the present and future threat to human health and the environment.” [RCRA §3002(b)]

Small quantity generators are subject to the certification at RCRA §3002(b). However, acknowledging that many small quantity gen-erators are small businesses, the EPA estab-lished a unique certification. Small quantity generators are required to certify that they have made a good faith effort to minimize waste generation and have selected the best waste management method that is both avail-able and affordable [40 CFR 262.27(b)].

Reporting

The law requires that in their biennial reports of hazardous waste activity, generators must include:

“the efforts undertaken during the year to reduce the volume and toxicity of waste generated; and the changes in volume and toxicity of waste actually achieved during the year in question in comparison with the previous years, to the extent such information is available for years prior to Nov. 8, 1984.” [RCRA §3002(a)(6)(C-D)]



Notes:

Page 307

Pollution Prevention, continued

The Biennial Hazardous Waste Report requires reporting on the waste minimiza-tion, recycling, or pollution prevention efforts implemented for each hazardous waste. [GM Form, Waste Generation and Management, Section 1.]

PPA ‘90 — “Source Reduction”

The Pollution Prevention Act of 1990 (PPA ‘90) established a national policy that:

• Pollution should be prevented or reduced at the source whenever feasible.

• Pollution that cannot be prevented should be recycled in an environmentally safe manner whenever feasible.

• Pollution that cannot be prevented or recycled should be treated in an environ-mentally safe manner whenever feasible.

• Disposal or other release into the envi-ronment should be employed only as a last resort and should be conducted in an environmentally safe manner [Ref. PPA 6602(b)].

Congress stated that the above policies were to be achieved by source reduction. The PPA ‘90 defines source reduction as any prac-tice which:

“Reduces the amount of any hazardous sub-stance, pollutant, or contaminant entering any waste stream or otherwise released into the envi-ronment (including fugitive emissions) prior to recycling, treatment, or disposal; and

“Reduces the hazards to public health and the environment associated with the release of such substances, pollutants, or contaminants.” [PPA §6603(5)]

Subsequent to the PPA ‘90, the EPA replaced its use of the term waste minimization with the term pollution prevention, to indicate the multimedia approach necessary, instead of focusing solely on the generation of hazard-ous waste.

How Do I Achieve Source Reduction?

The Pollution Prevention Act of 1990 included in the definition of source reduction:

• Equipment or technology modifications

• Process or procedure modifications

• Reformulations or redesign of products

• Substitution of raw materials

• Improvements in:

– Housekeeping

– Maintenance

– Training

– Inventory control

Form R

Facilities are subject to Emergency Plan-ning and Community Right-to-Know Act (EPCRA) Section 313 reporting, if they:

1. Have 10 or more full-time employees or the equivalent.

2. Are in a covered SIC code.



Notes:

Page 308


3. Exceed any one threshold for manufactur-ing, processing, or otherwise using a toxic chemical listed in 40 CFR 372.65.

Form R must be submitted every year by July 1 and is based on the amounts of toxic chemicals that the facility released both rou-tinely and as a result of accidents, as well as other amounts managed as waste during the previous year.

One key element in Form R regard-ing waste minimization is Section 8, Source Reduction and Recycling Activities. Section 8 requires generators to provide information on source reduction activities and the amounts of EPCRA Section 313 chemicals that are man-aged as wastes. Data must include actual source reduction achieved in the report year and projections for the next two years. Form R data is made available to the general public.

No Substantive Federal Regulations

Currently, there are no general Federal regulations requiring specific waste minimi-zation or pollution prevention activities. Some programs include pollution prevention plan-ning or other measures (e.g., CWA stormwater discharge permitting requires stormwater pol-lution prevention planning), but the specific actions to be taken are usually left up to the owner or operator of the facility.

Pollution Prevention Strategies

Housekeeping

The first and simplest step to pollution prevention is good housekeeping. Keep poten-tially leaking valves and equipment on a good preventative maintenance schedule. Put spill catchment trays under all valves, spigots, machinery, etc. Provide appropriate pumps, valves, and other transfer devices rather than having employees “invent” something. Keep storage areas straightened and aisles clear. Don’t allow open containers to be left unat-tended. Inspect all facility storage areas regu-larly for both leaks and potential leaks.

Substitute

Replace incoming materials with others that have less toxicity (lower degree of hazard).

Segregate

Certain materials coming into a site will possess inherently greater hazards (e.g., higher concentrations of more undesirable constitu-ents). These should not be commingled with other materials that may otherwise lend them-selves to recycling, recovery, reclamation, or fuel management options.

Consolidate

Minimize the number of different types and brands of materials and mixtures coming on site. Favor those that have lower inherent hazards.



Notes:

Page 309


NOTE: Overcome the natural inclination to select products and materials that have the lowest cost of purchase. Instead, consider the total cost of having and holding a chemical from purchase through waste disposal.

Process Change

Refine or rework the production process to generate less (or less hazardous) waste or to avoid posing a regulated hazard. Examples may include adding filters to an oil system to increase the oil life; revising a chemical syn-thesis method to eliminate the formation of hazardous by-products; or even just changing plant layout to eliminate unnecessary piping, valves, and associated leaks.

Stop the Process

Some processes might have such high inherent hazard and regulatory costs (com-pared with benefits) that they are best discon-tinued or farmed out to a specialty shop more suited to handling these hazards.

Reuse and Recycle

Reuse, recycling, and other options exist to handle by-products and other materials in a more environmentally friendly manner, again avoiding regulation and protecting the environment. These should be considered wherever economically practicable. A change of perspective is needed, from considering “waste disposal” options to looking for “mate-rials disposition” options.

Begin With P2 in Mind

Consider ways to eliminate and reduce the amount of pollution/waste that will be gener-ated when designing new processes and pro-cedures. It is easier to implement P2 measures that were designed to be there in the first place, rather than trying to reengineer polluting or waste-generating practices out of the system.

Regulatory Relief

A good pollution prevention program should incorporate the use of regulatory relief. Environmental hazards may be reduced sufficiently to allow for complete deregula-tion, reduced regulation, or even less costly regulation.



Page 310

SOURCE REDUCTION ACTIVITIES BY CATEGORY1

Good Operating Practices

• Segregate hazardous waste from non-hazardous waste

• Segregate waste to increase recycling

• Improve maintenance scheduling, recordkeeping, or procedures

• Change production schedule to minimize equipment and feedstock changeovers

Inventory Control • Institute procedures to eliminate expired materials

• Test outdated material—continue to use if still effective

• Institute better labeling procedures

• Inspect and label raw materials when they arrive

• Purchase materials only when needed

• Eliminate shelf-life requirements for stable materials

• Institute clearinghouse to exchange waste materials

Spill and Leak Pre-vention

• Improve storage and stacking procedures

• Improve procedures for loading, unloading, and transfer options

• Install overflow alarms or automatic shut-off valves

• Implement inspection or monitoring program of potential spill and leak sources

• Update your spill response plan

Raw Material Modifi-cation/Substitution

• Use aqueous cleaners instead of petroleum-based solvents

• Increase purity of materials

• Substitute non-hazardous materials for hazardous materials

• Use low-VOC paints and coatings

Process and Equip-ment Modification

• Institute recirculation within a process

• Modify equipment, layout, or piping

• Use a different process catalyst

• Institute better controls on operating bulk containers to minimize discarding of empty containers

• Institute closed-loop recycling

• Change from small-volume containers to bulk containers

1 Source: Texas Commission on Environmental Quality (TCEQ)



Page 311



Notes:

Page 312

THE FEDERAL REGISTER

Why Subscribe to the Federal Register?

Regulations change frequently, and it is your responsibility to be aware of the latest updates. There are many reasons why regu-latory compliance professionals should sub-scribe to the Federal Register, the official publi-cation of the United States Government.

1. It’s OFFICIAL. Whatever is printed in the Federal Register IS the rule, unless it is a proposal. Secondary publications, explan-atory documents, and other sources are only as good as the accuracy and knowl-edge of the person preparing them.

2. It gives you an “EARLY WARNING” of changes, so that you will:

– Know what’s coming and have time to plan and prepare.

– Have the opportunity to comment, pos-sibly affecting the final form or details of the rules.

3. You will know what’s required IM-MEDIATELY. No waiting for an update service to retype, reprocess, or comment on a new rule.

4. You can be assured that you are getting EVERYTHING—not just what someone else thinks is important.

5. You will have all of the invaluable PREAMBLES to each proposed and final rule—plain English explanations from the agency, detailing why and how the rule was developed and describing what they meant it to say.

6. It includes NOTICES of non-regulatory actions such as meetings and approvals that others have received (i.e., exemp-tions, exclusions, and delistings).

7. You will get announcements of GUID-ANCE DOCUMENTS and studies as they are issued, including addresses and sources of each. Often, the first copies are available free, directly from the agency. Later copies must be purchased from government printing services.

8. It includes many useful FINDING AIDS, cross-referenced by regulation, agency, and topic.

9. It’s relatively INEXPENSIVE. The cur-rent annual subscription rates are:

– $929 with indexes for a paper version.

– FREE over the Internet.

These include almost 200 daily issues, finding aids and the semiannual regula-tory agenda.


The Federal Register, continued


Page 313

How to Subscribe

Paper Copy or Microfiche from US GPO

Order online at:

https://bookstore.gpo.gov

Online Subscription

To access the Federal Register online, go to https://www.federalregister.gov. There, you have access to the current issue both in html and in PDF format. You can also browse previ-ous issues of the Federal Register.

You can subscribe to any agency articles, public inspection documents, or search results via e-mail or RSS link. To do so, you need to first sign up to “My FR,” which can be found at the top right of www.federalregister.gov.

Once you have created an account, you can customize your subscription settings by look-ing for the envelop icon with the word “Sub-scribe.” The icon will be on the right-hand side of the page, if subscribing is an option.

Index


Page 315

INDEX

A

Abandoned ...................................................... 26

Accumulation ................................................. 90hazardous waste ....................................... 75large quantity generator (LQG) ............ 106satellite exemption .............................. 90, 95small quantity generator (SQG) .............. 99speculative ................................................. 32very small quantity generator (VSQG) .. 93

Acronyms .............. 1, 23, 73, 167, 203, 235, 283

Acute hazardous waste ................................. 77

Aisle space ..................................................... 206

Alarm system ................................................ 206

Alternative treatment standardcontaminated media ............................... 193hazardous debris .................................... 191lab pack .................................................... 189

Applicability of regulations ........................ 164

B

Basic description .......................................... 252

Battery ............................................................ 122

Biennial report ................................................ 89

Bill of lading .................................................. 251

By-product....................................................... 23

C

Category determination ................................ 77counting ..................................................... 79

Central accumulation area ............................ 73

CERCLAliability........................................................ 20release reporting ..................................... 219reportable quantity ................................. 223

Characteristic ............................................ 40, 42

Classification ......................................... 239, 241

Code of Federal Regulations (CFR) .................... 9

Commercial chemical product (CCP) ......... 58

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) ............................................ 1, 219

Condition for exemption ............................... 85

Constituent of concern ................................ 175

Contained-in policy ....................................... 65

Container ................................. 73, 102, 108, 120

Contaminated mediaalternative treatment standard ..... 193, 201

Contingency plan ......................................... 208Quick Reference Guide .......................... 209

Contractor ....................................................... 12

Coordinator ................................................... 210

Corrosivity ...................................................... 43

“Cradle-to-grave” management ................... 11

D

D001 ................................................................. 42

D002 ................................................................. 43

D003 ................................................................. 43

D004–D043 ...................................................... 44

De-containment ............................................ 215

Defense from liability .................................... 21


Index, continued


Page 316

Definition ........................................................... 2CERCLA ................................................... 219hazardous waste ....................................... 39pharmaceuticals ...................................... 139SARA Title III .......................................... 231solid waste ................................................. 26universal waste ....................................... 121

Derived-from rule .......................................... 66

Dilution .......................................................... 195

Disposal ........................................................ 2, 11

E

Elementary neutralization .................. 151, 156

Emergency ..................................................... 204procedure for large quantity generator 211procedure for small quantity

generator ............................................. 213Emergency Planning and Community

Right-to-Know Act (EPCRA) ................ 307

Empty ............................................................... 82DOT definition .......................................... 83

EPA identification number ............................ 87format ......................................................... 88

Episodic event ................................................ 119

Episodic generation ...................................... 116

Exception reporting ..................................... 276

Exclusionfor carbon dioxide stream ........................ 38for dredged materials ............................... 38for hazardous waste in

manufacturing process unit ............... 37for hazardous waste in storage tank ...... 37for sample .................................................. 38for treatability study samples ................. 38from definition of hazardous waste ....... 36from definition of solid waste ................. 34

Exemption ....................................................... 85

Extremely hazardous substance (EHS) ................................................. 231, 233

F

Federal Register ...................................... 154, 312

Fine ................................................................... 18

F List ................................................................. 49alphabetical ................................................ 56

G

General packaging requirement ................ 239

Generator ................................................ 3, 12, 11exception reporting ................................ 276

H

Hazard class .......................................... 241, 244

Hazard code .................................................... 52

Hazardous and Solid Waste Amendments of 1984 (HSWA) .................. 6

Hazardous debris ........................................... 65alternative treatment standard ..... 191, 201

Hazardous material ............................. 235, 241

Hazardous substance ................................... 228

Index

Index, continued


Page 317

Hazardous waste .................................... 58, 241accumulation ............................................. 75acute ............................................................ 77characteristic .............................................. 42definition .................................................... 39determination record ................................ 68exclusion for manufacturing

process unit .......................................... 37exclusion for storage tank........................ 37exclusion from definition ......................... 36identification .............................................. 24identification process ............................... 41listed ..................................................... 49, 53manifest .................................... 254, 258, 278manifest discrepancy .............................. 269non-acute.................................................... 77statement .................................................. 249

Hazmat employeetraining ..................................................... 295

HAZWOPER ................................................. 294

I

Identification number .................................... 87

Ignitability ....................................................... 42

Independent requirement ............................. 85

Inherently waste-like ..................................... 26

Inspection ........................................................ 15

J

Joint and several liability .............................. 20

K

Key terms .................. 23, 73, 167, 203, 235, 283

K List ................................................................ 50

L

Lab packalternative treatment standard ..... 189, 200

Lamp .............................................................. 122

Land disposal restriction (LDR) ......... 168, 169constituent of concern ............................ 198documentation ........................................ 197one-time notice to file ............................. 200record ........................................................ 202

Large quantity generator (LQG) ............ 1, 106contingency plan ..................................... 208

Lead-acid battery ......................................... 136

Legitimate recycling ...................................... 32

Liability ............................................................ 20defense........................................................ 21joint and several ........................................ 20strict ............................................................ 20

Listed hazardous waste ..................... 49, 53, 58

M

Management method code ......................... 267

Management system .................................... 284

Manifest ......................................... 254, 258, 278container code ......................................... 262copy .......................................................... 274discrepancy .............................................. 269electronic .................................................. 255retention ................................................... 274unit code ................................................... 263

Marking ......................................................... 239

Marking requirement .................................. 249large quantity generator (LQG) ............ 106small quantity generator (SQG) ............ 100

Mercury-containing equipment ................. 122

Military munition ........................................... 26

Mixture rule ............................................ 64, 223


Index, continued


Page 318

N

National Response Center (NRC) .......... 1, 220

Non-acute hazardous waste ......................... 77

Notification ..................................................... 87

P

Packaging ...................................................... 239

Packing group (PG) ...................................... 242

Permitting ...................................................... 151

Person .............................................................. 14

Pesticide ......................................................... 122

Pharmaceutical ............................................. 138

Placarding...................................................... 240

P List ................................................................. 58

Pollution prevention .................................... 306

Preparedness ................................................. 205

Prevention ..................................................... 205

Process waste ............................................ 49, 53

Proper Shipping Name (PSN) ............ 239, 246

R

Reactivity ......................................................... 43

Reclamation .................................................... 28

Recordkeeping ...................................... 286, 289documenting waste identification ........ 291

Recyclable material ...................................... 160

Recyclingexample .................................................... 162legitimate ................................................... 32

Recycling Table ............................................... 29

Regulatory applicability .............................. 164

Rejected shipment ........................................ 271

Release ........................................................... 204CERCLA reporting ................................. 219RCRA reporting ...................................... 216reporting .......................................... 215, 234SARA Title III reporting ......................... 231

Relief ................................................................ 69

Re-notification requirement .......................... 88

Reportable quantity (RQ) .................... 220, 228CERCLA ................................................... 223

Reporting ....................................................... 276

Resource Conservation and Recovery Act (RCRA) .............................................. 6, 7empty .......................................................... 82part .............................................................. 14permit exclusion ..................................... 151person ......................................................... 14programs ...................................................... 7release reporting ..................................... 216

Resource Recovery Act (RRA) ........................ 5

Reused ............................................................. 30

S

Sampleexclusion .................................................... 38

SARA Title III release reporting ................. 231

Satellite accumulation exemption .......... 90, 95

Secondary material ........................................ 27

Shipping off site .................................... 237, 281Ten Steps .................................................. 239

Shipping paper ............................................. 240

Significant waste code ................................. 171

Sludge .............................................................. 23

Small quantity generator (SQG) ............... 1, 99

Sole active ingredient .................................... 62

Solid waste ................................................ 23, 27exclusion from definition ......................... 34

Index

Index, continued


Page 319

Solid Waste Disposal Act (SWDA)................. 5

Solvent-contaminated wipe .................... 35, 37

Source reduction ................................... 307, 310

Special provision .......................................... 239

Specific source ................................................ 50

Speculative accumulation ....................... 31, 32

Spent material ................................................. 23

Spent solvent ................................................... 53

Spill Prevention, Control and Countermeasure (SPCC) ........................ 134

State authorized ................................................ 8

Storage .......................................................... 4, 11

Strict liability ................................................... 20

Subcategory ................................................... 176

Superfund .......................................................... 1liability........................................................ 20

T

Tank ........................................................ 102, 109

Toxicity ............................................................. 44

Toxicity Characteristic Leaching Procedure (TCLP) ................................. 1, 46

Training ........................................... 105, 113, 128EPA, DOT, OSHA .................................... 294hazmat employee .................................... 295OSHA ................................................ 298, 300

Treatability group ......................................... 176

Treatment ...................................................... 4, 11

Treatment standard ...................................... 175

Treatment, storage, or disposal facility (TSDF) ............................................. 1

Treatment while accumulating ........... 151, 153

U

U List ................................................................ 60

Underlying hazardous constituent (UHC) 187

Unused product .............................................. 58

Used oil .......................................................... 131mixture ..................................................... 132specification ............................................. 133

V

Very small quantity generator (VSQG) ............................................ 1, 92, 114

W

Waste analysis ............................................... 202

Waste code ....................................................... 39significant ................................................. 171

Waste minimization ............................. 302, 306

Wastewater treatment unit.................. 151, 157