&EPA
Managing Hazardous Waste
In Your Community
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The primary role of the U.S. Environmental Protection Agency (EPA) is to protect
human health and safeguard the environment. A part of this protection involves
managing our nation's waste. This wastestream includes trash and garbage pro-
duced by households as well as materials discarded by commercial and industrial
operations. A portion of this commercial and industrial wastestream is composed
of hazardous waste. Wastes are considered hazardous by EPA if they exhibit cer-
tain characteristics or if they have been placed on a list of hazardous wastes. EPA
makes sure that hazardous wastes are safely managed through the development
of regulations under the Resource Conservation and Recovery Act (RCRA).
History
In 1976, Congress enacted RCRA to address the
problems associated with waste management and
disposal. After World War II, industrial growth and
consumer demand for new products increased dra-
matically in the United States. With the demand for
and use of new products made of plastic, nylon,
paper, and aluminum goods, came an increase in
waste generation. At the end of World War II, about
500,000 metric tons of hazardous waste were gen-
erated yearly in the United States. Current esti-
mates place the annual generation rate at 279 mil-
lion metric tons. Congress tasked EPA with creating
regulations under RCRA governing the safe manage-
ment of the huge volumes of municipal and industri-
al waste being generated in the United States.
The RCRA statute as it appears today was devel-
oped over time. The following are the major laws
and amendments that are collectively known today
as RCRA:
• 1965 Solid Waste Disposal Act
• 1970 Resource Recovery Act
• 1976 Resource Conservation and Recovery Act
• 1984 Hazardous and Solid Waste Amendments.
Goals of RCRA
» To protect human health and the environment
» To reduce waste while conserving energy and natural resources
» To reduce or eliminate the generation of hazardous waste
• Subtitle I contains regulations for the manage-
ment of underground storage tanks storing
hazardous substances (e.g., methanol) and
petroleum products (e.g., diesel fuel).
The enclosed fact sheets summarize the
hazardous waste program under Subtitle C.
"Cradle-to-Grave" Management
The Subtitle C program establishes management
standards in a "cradle-to-grave" system. Hazardous
wastes are regulated from the point of generation
("cradle") until final deposition ("grave") to ensure
protection of human health and the environment.
In order to ensure safe management of hazardous
waste, EPA has developed regulations for hazardous
waste generation, transportation, treatment, storage,
and disposal.
The RCRA Statute
To meet the goals of RCRA, Congress divided the
RCRA statute into subtitles to address particular
aspects of waste generation and management:
• Subtitle C contains regulations for management
of hazardous wastes.
• Subtitle D establishes criteria for disposal of
solid (mainly nonhazardous) wastes, such as
household wastes.
Purpose of This Folder
The purpose of this folder is to provide education
and outreach to the general public about EPA's haz-
ardous waste management program under RCRA.
The enclosed fact sheets provide a basic overview
of EPA's hazardous waste regulations, and the folder
includes regional and state hazardous waste con-
tacts. For more information on the hazardous waste
regulations, you may contact the RCRA Hotline at
800 424-9346, 9 a.m. to 6 p.m. Eastern time,
Monday through Friday.
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To find out more about EPA's hazardous waste
program, consult the following resources:
RCRA, Superfund & EPCRA Hotline
800 424-9346 or TDD 800 553-7672
In the Washington, DC area: 703 412-9810
or TDD 703 412-3323
Web site:
Other Internet Resources
EPA's Office of Solid Waste Web site:
Additional Documents (ordering
information available from the RCRA,
Superfund & EPCRA Hotline):
> Code of Federal Regulations, Title 40, Parts 260-299
(EPA530-R-98-004)
(EPA530-K-97-004)
(EPA530-K-95-001)
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&EPA
The mission of the U.S.
Environmental Protection
Agency (EPA) is to protect
human health and safe-
guard the environment.
One way EPA helps fulfill
its mission is by regulat-
ing the management and
disposal of hazardous
wastes under the
Resource Conservation
and Recovery Act (RCRA).
RCRA has the following
three general goals: To
protect human health and
the environment • Jo
reduce waste while con-
serving energy and natur-
al resources • To reduce
or eliminate the genera-
tion of hazardous waste.
United States
Environmental Protection
Agency
Solid Waste
and Emergency Response
(5306W)
EPA530-E-00-001a
October 2000
www.epa.gov/osw
Hazardous Waste in
Your Community
Hazardous wastes are generated and managed in a variety of different set-
tings, possibly even in your own community. In order to meet the goals of
RCRA and to safeguard human health and the environment in all settings,
EPA has established a "cradle-to-grave" waste management system, where
hazardous wastes are regulated by EPA from the point they are first created
("cradle") until they reach final disposal ("grave"). This fact sheet will help you
understand what requirements must be met under RCRA in order to manage haz-
ardous waste in a safe and protective manner.
The three parties involved in the cradle-to-grave lifecycle of a hazardous waste are:
generators; transporters; and treatment, storage, or disposal facilities (TSDFs).
Generators
A generator is any business or individual
who initiates the production of a haz-
ardous waste or who first causes the
waste to become subject to RCRA regula-
tions (e.g., by importing hazardous waste
from a foreign country into the United
States, or by cleaning up a site contami-
nated with a hazardous waste).
A wide variety of facilities, common in
most communities, can be hazardous
waste generators. For example, small
businesses such as dry cleaners and gas
stations, or large-scale operations such
as chemical manufacturing plants, might
produce hazardous waste as a result of
normal business operations. RCRA's gen-
erator regulations are based on EPA's
understanding that these businesses are
not heavily involved in hazardous waste
management. EPA requires generators to
comply with various "good housekeeping"
rules that ensure the waste is properly
identified and managed but do not overly
burden the generators' business prac-
tices.
RCRA regulations also recognize that not
all businesses produce the same quanti-
ties of hazardous waste. Since managing
> Printed on paper that contains at least 30 percent postconsumer fiber.
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a larger volume of waste can present a greater risk, per-
sons or facilities that generate larger volumes are sub-
ject to more stringent regulations. Under RCRA, EPA
identifies three classes of generators based on the
amount of waste they produce in a calendar month:
large quantity generators (LQGs), small quantity genera-
tors (SQGs), and conditionally exempt small quantity
generators (CESQGs).
Of the three generator categories, LQGs are subject to
the most rigid regulations, including the following:
• Obtain an EPA identification number prior to manag-
ing hazardous waste. These are unique numbers
used to track generators' activities.
• Comply with manifest requirements when shipping
hazardous waste off site. The manifest is a docu-
ment that accompanies the shipment and serves as
a tracking mechanism.
• Limit the accumulation of hazardous waste to 90
days or less.
• Accumulate hazardous waste only in specified units:
containers, tanks, drip pads, and containment buildings.
• Develop a personnel training program, contingency
plans, and emergency procedures.
• Submit a "Biennial Report" to EPA every other year
describing hazardous waste generation and manage-
ment activities.
Hazardous Waste Generator Classification
LQGs:
• > 1,000 kg (2200 Ibs.) hazardous waste
• > 1 kg (2.2 Ibs.) acute hazardous waste
• > 100 kg (220 Ibs.) spill cleanup material
containing acute hazardous waste
SQGs:
• Between 100 and 1,000 kg hazardous waste
CESQGs:
• < 100 kg hazardous waste
• < 1 kg acute hazardous waste
• < 100 kg spill cleanup material containing
acute hazardous waste
Transporters
Hazardous waste transporters are responsible for
hauling waste between generation and treatment
facilities by highway, air, water, or rail. In order to
ensure consistent requirements, EPA's transporter
regulations have been developed jointly with the
U.S. Department of Transportation (DOT). DOT has
established extensive standards for the transporta-
tion of hazardous materials, including container
labeling, vehicle placarding, emergency response,
and packaging standards.
In addition to the DOT transportation requirements,
EPA has added the following provisions under RCRA:
SQGs follow less stringent standards, but they also
have restrictions on their waste management processes
and must comply with the following:
• Obtain an EPA identification number prior to manag-
ing hazardous waste.
• Comply with manifest requirements when shipping
hazardous waste off site.
• Limit waste accumulation to no more than 180 days
(or 270 days if the receiving facility is more than
200 miles from the generator).
• Accumulate hazardous waste only in tanks or
containers.
• Never accumulate more than 6,000 kg of hazardous
waste on site at any one time.
• Designate an emergency coordinator and follow limit-
ed emergency response procedures.
CESQGs are subject to minimal regulation, including the
following:
• Never accumulate more than 1,000 kg of hazardous
waste on site at a given time.
• Ensure proper delivery of the hazardous waste to a
facility that is registered under RCRA to recycle, treat,
store, or dispose of solid or hazardous waste.
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Obtain an EPA identification number before legally
transporting hazardous waste.
Do not accept a shipment of hazardous waste for off-
site transportation unless it is accompanied by a man-
ifest. Rail and water transporters may carry a shipping
paper instead of a manifest; the manifest will be for-
warded to the next highway carrier or the TSDF.
Main Hazardous Waste Transporter Requirements
• Obtaining an EPA identification number.
• Ensuring that a manifest accompanies offsite
shipments of hazardous waste.
In the event that hazardous waste is dis-
charged or spilled during transporta-
tion, take immediate action to
protect human health and the envi-
ronment. These response actions
must include notifying appropri-
ate authorities and blocking off
the discharge area.
Store hazardous waste only tem-
porarily for up to 10 days during
the normal course of transportation
at a transfer facility (e.g., loading
docks, parking areas).
Treatment, Storage, and
Disposal Facilities
TSDFs provide temporary storage and final treatment or
disposal for hazardous wastes. Since they manage
large volumes of waste and conduct activities that may
present a higher degree of risk, TSDFs are regulated
more stringently than generators. Some common exam-
ples of TSDFs that could exist in your community
include hazardous waste landfills, incinerators, and stor-
age yards. The RCRA requirements that all TSDFs must
meet are listed below:
• Obtain a permit from EPA detailing how the facility
will be operated and what types of activities the facil-
ity is allowed to perform. TSDFs that were estab-
lished prior to RCRA, or that have recently become
subject to RCRA because of changes in regulations,
are allowed to operate without a permit until their
permit applications are processed. These facilities
are called interim status facilities.
• Obtain an EPA identification number.
• Test all hazardous waste to ensure it is acceptable
under individual facility standards.
• Maintain security systems, as well as perform routine
inspections and provide adequate personnel training.
Adopt measures to
minimize and pre-
vent accidents, such
as fires or spills,
and develop an
emergency contin-
gency plan.
TSDF Compliance
Categories
• Permitting
• General facility standards
• Specific unit standards
• Financial assurance
• Closure
• Ground-water monitoring
• Meet recordkeeping
and reporting
requirements, including the manifest regulations to
track waste. TSDFs also must maintain an operating
record that details all waste receipts, treatment meth-
ods, and dates of treatment, storage, and disposal.
• Submit a "Biennial Report" to EPA detailing the facili-
ty's hazardous waste management activities.
In addition to these general facility standards, each
TSDF must also comply with specific design and operat-
ing requirements for each hazardous waste manage-
ment unit at the facility. A hazardous waste
management unit is any unit acceptable under RCRA to
store, treat, or dispose of hazardous waste. Acceptable
waste management units could include tanks, contain-
ers, containment buildings, drip pads, surface impound-
ments, and waste piles. Acceptable hazardous waste
disposal units are land treatment units, landfills, sur-
face impoundments, and waste piles. The degree of reg-
ulation varies according to the unit's purpose (whether
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it's for storage or disposal). In general, disposal units
are regulated more stringently than storage units
because the waste remains in a disposal unit perma-
nently. There also are very strict regulations for com-
bustion units, such as incinerators (which destroy
hazardous waste by burning it) and boilers and indus-
trial furnaces (which burn hazardous waste to recover
energy or materials).
In preparation for their eventual closure, TSDFs must
meet additional requirements to ensure the protec-
tion of human health and the environment after they
have discontinued operations. The RCRA regulations
pertaining to TSDF closure are as follows:
From the time of opening, demonstrate that the
TSDF will have enough money to properly close
when necessary.
Submit a closure plan during the permitting process
that explains how and approximately when each
waste management unit in the facility will close.
Establish a system of wells to detect the ground-
water migration of hazardous contaminants from
any land-based disposal unit, such as a landfill or
surface impoundment, during and after the active
life of the facility.
How Can You Find out More About
Hazardous Waste Generators and
Handlers in Your Community?
Contact your state hazardous waste agency or the
hazardous waste division of your EPA Regional Office.
Research facilities in your area by the name of the
facility, identification number, or zip code under the
RCRIS database. This database can be accessed
on the Internet at the following address:
.
Would You Like More Information?
RCRA, Superfund, and EPCRA Hotline
Call 800 424-9346 or 703 412-9810 in the
Washington, DC area. For the hearing impaired,
the number is TDD 800 553-7672.
You also can access information via the hotline's
Internet site at: .
Additional Documents
These additional documents can help you learn
more about the requirements for hazardous waste
handlers. These documents are free and can be
ordered from the RCRA Hotline. Reference the EPA
document number (EPA530...) when ordering.
Understanding the Hazardous Waste Rules: A
Handbook for Small Businesses—1996 Update,
EPA530-K-95-001
Hazardous Waste Requirements for Large Quantity
Generators, EPA530-F-96-032
RCRA Orientation Manual: 1998 Edition,
EPA530-R-98-004
Contact Your State
Although EPA's federal regulations set the national
standard for compliance, individual states often
have regulations
that are more strin-
gent than the feder-
al regulations. You
should contact your
state about its spe-
cific regulations.
State environmen-
tal contacts are
available from the
RCRA Hotline.
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AL Department of Environmental
Management
Gerald Hardy
Chief of Land Division, HW Branch
1400 Coliseum Boulevard
PO Box 301463
Montgomery, AL 36110
AK Department of Environmental
Conservation
Larry Dietrick
410 Willoughby Avenue
Juneau, AK 99801
American Samoa Environmental
Protection Agency
Sheila Wiedman
Executive Office Building
Pago Pago, AS 96799
AZ Department of Environmental
Quality
Lupe Buys
Hazardous Waste Compliance Unit
Division of Waste Programs
3033 North Central Avenue
Phoenix, AZ 85012
AR Department of Environmental
Quality
Mike Bates
Chief, Hazardous Waste Division
PO Box 8913
Little Rock, AR 72219-8913
CA Department of Toxic Substances
Control
Watson Gin
Hazardous Waste Management Program
PO Box 806
Sacramento, CA 95812-0806
CO Department of Health and
Environment
Laurie Perila
Hazardous Waste Commission
Mail Code: OED OPPI-A5
300 Cherry Creek Drive, South
Denver, CO 80246
CT Department of Environmental
Protection
Kevin Sullivan
RCRA Compliance Assistance Program
Waste Engineering & Enforcement Division
79 Elm Street
Hartford, CT 06106-5127
Delaware DNREC
Nancy Marker
Hazardous Waste Branch
Air and Waste Management Division
89 Kings Highway
Dover, DE 19903
DC Environmental Regulation
Administration
Angelo Tompros
Bureau of Haz. Mat. & Toxic Substances
2100 Martin Luther King Avenue, SE.,
Suite 203
Washington, DC 20020
FL Department of Environmental
Protection
Bill Hinkley
Bureau of Solid and Hazardous Waste
Division of Waste Management
2600 Blair Stone Road, Twin Towers
Tallahassee, FL 32399-2400
GA Department of Natural
Resources
Jennifer Kaduck
Hazardous Waste Management Branch
Floyd Towers East, Room 1154
205 Butler Street, SE.
Atlanta, GA 30334
Guam Environmental Protection
Agency
Conchita Taitano
Director, Air and Land Division
Solid & Hazardous Waste Management
Program
PO Box 22439-GMF
Barrigada, GU 96921
HI Department of Health
Hazardous Waste Section
Environmental Management Division
919 Ala Moana Boulevard, Room 212
Honolulu, HI 96814
ID Division of Environmental Quality
Orville Green
Air and Hazardous Waste Branch
1410 North Hilton Street
Boise, ID 83706
IL Environmental Protection Agency
Todd Marvel
Bureau of Land
1021 North Grand Avenue, East
PO Box 19276
Springfield, IL 62794-9276
IL Environmental Protection Agency
Jerry Kuhn
Permit Section, Bureau of Land
1021 North Grand Avenue, East
PO Box 19276
Springfield, IL 62794-9276
IN Department of Environmental
Management
Tom Linson
Hazardous Waste Management Branch
100 North Senate Avenue
PO Box 6015
Indianapolis, IN 46206-6015
KS Department of Health and
Environment
John Mitchell
Waste Policy Planning & Outreach
Forbes Field, Building 740
Topeka, KS 66620-0001
KY Department of Environmental
Protection
Mike Welch
Hazardous Waste Branch
Division of Waste Management
14 Reilly Road, Frankfort Office Park
Frankfort, KY 40601
LA Department of Environmental
Quality
James Brant
Hazardous Waste Division
Office of Waste Services
PO Box 82178
Baton Rouge, LA 70884-2178
ME Department of Environmental
Protection
Scott Whittier
Division of Oil and Haz. Waste Fac. Reg.
Bureau of Remediation & Waste
Management
State House, Station #17
Augusta, ME 04333-0017
MD Department of the Environment
Harold Dye
Waste Management Administration
Hazardous Waste Program
2500 Broening Highway
Baltimore, MD 21224
MA Department of Environmental
Protection
Steven Degabriele
Division of Business Compliance
One Winter Street, 9th Floor
Boston, MA 02108
Ml Department of Environmental
Quality
Ken Burda
Waste Management Division
608 W. Allegan, 1st Floor
PO Box 30241
Lansing, Ml 48933
MN Pollution Control Agency
Julie O'Neill
South District Rochester Regional
520 North Lafayette Road
St. Paul, MN 55155
MS Department of Environmental
Quality
David Peacock
RCRA Branch, Hazardous Waste Division
Office of Pollution Control
PO Box 10385
Jackson, MS 39289-0385
MO Department of Natural
Resources
Cindy Kemper
Hazardous Waste Program
Division of Environmental Quality
PO Box 176
Jefferson City, MO 65102
MT Department of Environmental
Quality
Mark Hall
Air and Waste Management Bureau
Permitting and Compliance Division
PO Box 200901
Helena, MT 59620-0901
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NE Department of Environmental
Quality
William Gidley
RCRA Section, Air and Waste Mgt. Div.
1200 North Street, Suite 400
PO Box 98922
Lincoln, NE 68509-8922
Nevada DCNR
Paul Adras
Bureau of Waste Management
Division of Environmental Protection
555 East Washington, Suite 4300
Las Vegas, NV 89101-1049
NH Department of Environmental
Services
John Duclos
Hazardous Waste Compliance Section
Waste Management Division
6 Hazen Drive
Concord, NH 03301-6509
NJ Department of Environmental
Protection
Phil Cole
Division of Solid and Hazardous Waste
401 East State Street
PO Box 414
Trenton, NJ 08625-0414
NJ Department of Environmental
Protection
Thomas Sherman
Division of Solid and Hazardous Waste
401 East State Street
PO BOX 414
Trenton, NJ 08625
NM Environment Department
John Tymkowych
RCRA Inspection & Enforcement Section
Hazardous Waste & Radioactive Materials
PO Box 26110
Santa Fe, NM 87502
NY Department of Environmental
Conservation
Larry Nadler
Technical Determination Section
Division of Solid and Hazardous Materials
50 Wolfe Road, Room 452
Albany, NY 12233-7251
NC Department of Environment &
Natural Services
Linda Culpepper
Hazardous Waste Section
Division of Waste Management
PO Box 29603
Raleigh, NC 27611-9603
ND Department of Health
Curt Erickson
Division of Waste Management
PO Box 5520
Bismark, ND 58506-5520
Northern Mariana Islands
Department of Public Works
Ignacio V. Cabrera
Division of Environmental Quality
PO Box 1304
Saipan, MP 96950-1304
OH Environmental Protection
Agency
Pam Allen
Compliance Assurance Section, DHWM
1800 Watermark Drive, 2nd Floor
PO Box 1049
Columbus, OH 43216-1049
OK Department of Environmental
Quality
H.A. Caves
Division of Hazardous Waste Management
PO Box 1677
Oklahoma City, OK 73101-1677
OR Department of Environmental
Quality
Anne Price
Hazardous Waste Program
Waste Management and Cleanup Division
811 SW. 6th Avenue
Portland, OR 97204
PA Department of Environmental
Protection
Rick Shipman
Division of Hazardous Waste Management
Rachel Carson State Office Building
PO Box 8471
Harrisburg, PA 17105-8471
PR Environmental Quality Board
Carmella Vazquez
Land Pollution Control Area
PO Box 11488
San Juan, PR 00910-1488
Rl Department of Environmental
Management
Beverly Migliore
Office of Compliance and Inspection
235 Promenade Street
Providence, Rl 02908
SC Department of Health &
Environmental Control
John Litton
Division of Hazardous & Infectious
Waste Management
Bureau of Land and Waste Management
2600 Bull Street
Columbia, SC 29201
SD Department of Environment
& Natural Resources
Carrie Jacobson
Waste Management Program
Division of Environmental Services
523 E Capitol Avenue, Foss Building
Pierre, SD 57501-3181
TN Department of Environment and
Conservation
Mike Apple
Solid Waste Management Division
L&C Tower, 5th Floor
401 Church Street
Nashville, TN 37243-1535
TNRCC
Ray Murray
Industrial and Hazardous Waste Division
PO Box 13087, MC-126
Austin, TX 78711-3087
UT Department of Environmental
Quality
Scott Anderson
Hazardous Waste Compliance Section
Division of Solid and Hazardous Waste
PO Box 144880
Salt Lake City, UT 84114-4880
VT Department of Environmental
Conservation
Skip Flanders
Hazardous Materials Management
Waste Management Division
103 South Main Street, West Buidling
Waterbury, VT 05671-0404
Virgin Islands Department of
Planning & Natural Resources
Syed Syedali
Division of Environmental Protection
Government of the Virgin Islands
1118 Watergut Homes
St. Croix, VI 00820-5065
VA Department of Environmental
Quality
Steve Frazier
Office of Technical Assistance
PO Box 10009
Richmond, VA 23240-0009
WA Department of Ecology
Lorie Hewitt
Hazardous Waste & Toxics Reduction
Division
PO Box 47600
Olympia, WA 98504-7600
WV Bureau of Environment
Mr. G. S. Atwell
Hazardous Waste Management Section
Division of Environmental Protection
1356 Hansford Street
Charleston, WV 25301
Wl Bureau of Waste Management
Kevin Kessler
Policy Section
PO Box 7921
Madison, Wl 53707-7921
WY Department of Environmental
Quality
Carl Anderson
Solid and Hazardous Waste Division
122 West 25th Street
Cheyenne, WY 82002
£EPA
United States
Environmental Protection
Agency
Solid Waste
and Emergency Response
(5306W)
EPA530-E-00-001b
October 2000
www.epa.gov/osw
-------
£EPA
The mission of the U.S.
Environmental Protection
Agency (EPA) is to protect
human health and safe-
guard the environment.
One way EPA helps fulfill
its mission is by regulat-
ing the management and
disposal of hazardous
wastes under the
Resource Conservation
and Recovery Act (RCRA).
RCRA has the following
three general goals: To
protect human health and
the environment • Jo
reduce waste while con-
serving energy and natur-
al resources • To reduce
or eliminate the genera-
tion of hazardous waste.
United States
Environmental Protection
Agency
Solid Waste
and Emergency Response
(5306W)
EPA530-E-00-001C
October 2000
www.epa.gov/osw
How Does RCRA Work?
In its mission to protect human health and the environment, RCRA regulates the
management of hazardous waste using a "cradle-to-grave" approach. In other
words, a hazardous waste is regulated from the moment it is created to the time
of its final disposal. RCRA affects everyone who handles a hazardous waste
throughout this life cycle, including hazardous waste generators, transporters, and
the facilities that treat, store, or dispose of hazardous waste. Under this system,
thousands of individuals and facilities, from your local dry cleaner to hazardous
waste incinerators, are regulated by RCRA.
Due to the scope and number of people
affected by RCRA, EPA faces an enor-
mous task in ensuring compliance with
the regulations. RCRA does include a
number of provisions, however, that
make its implementation more effective,
including:
• Keeping track of who is handling
waste and how it's being handled.
Issuing permits to facilities that treat,
store, or dispose of hazardous waste
to dictate how these facilities will
operate.
Enlisting the aid of states to help run
RCRA.
Penalizing those who are not in com-
pliance with RCRA.
Requiring cleanup of hazardous waste
releases to the environment.
Keeping Track of
Hazardous Waste
In order to ensure that waste is handled
properly from its generation to its dis-
posal, RCRA requires waste to be
tracked and monitored in various ways.
Identification Numbers
EPA assigns an identification number to
any person or company that handles
hazardous waste, including generators;
transporters; and treatment, storage,
i Printed on paper that contains at least 30 percent postconsumer fiber.
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and disposal facilities (TSDFs). To obtain an identifica-
tion number, facilities must submit EPA Form 8700-12,
which describes the location of the facility, its activities,
and the amount and kinds of waste it manages.
Manifests
EPA also keeps track of what happens to the waste
after it's generated. Shipments of hazardous waste
must be accompanied by a document called the
Uniform Hazardous Waste Manifest (Form 8700-22).
The manifest follows the waste from the generator site
to the disposal site, creating a paper trail that will
reveal and record any problems during shipment.
Information in the manifest includes the type and
amount of waste being shipped, as well as the identity
of the transporter and the shipment's destination.
When the waste reaches the end of its journey, the
owner of the destination facility must return a signed
copy of the manifest to the generator, indicating that
the waste shipment was successfully completed. If a
problem occurs during shipping and the waste never
arrives at the destination facility, generators must notify
their regulatory agency so the problem can be investi-
gated and corrected.
The Permitting System
TSDFs, the last link in the "cradle-to-grave"
management sequence, are respon-
sible for the ultimate disposal
of hazardous waste. In light of
the risks associated with treat-
ing, storing, and disposing of
hazardous waste, TSDFs are
more heavily scrutinized and
regulated than hazardous waste generators or trans-
porters. To ensure TSDFs are designed and operated
safely, EPA has a rigorous approval process for facilities
attempting to obtain an operating permit. More than just
proof of EPA's permission, a facility's operating permit
details what types of waste it is allowed to handle and
what types of treatment, storage, or disposal activities it
may conduct. The permit also contains any site-specific
requirements necessary to protect human health and
the environment, such as plans to sample and analyze
incoming waste, security measures, inspections, person-
nel training, and ground-water monitoring, if applicable.
The permit application process can differ based on
whether a facility is new or already in existence when it
becomes subject to RCRA (e.g., a facility in operation
when RCRA was enacted or a facility that is newly sub-
ject to RCRA due to a change in regulations). Owners
and operators of new TSDFs must apply for and receive
a permit from EPA before they are allowed to treat,
store, or dispose of any hazardous waste. Facilities
already in operation may continue to function temporari-
ly while their permits are processed (these facilities
have what is called interim status).
To protect the rights of individuals, the RCRA permitting
process includes provisions that allow for citizen partici-
pation. The public must be notified when a TSDF
applies for a permit and they are kept informed of the
application's status as it is reviewed. Throughout the
application process, there are public meetings and
hearings, and time is allotted for public comment. In
addition, the public has the right to appeal EPA's final
permit decision. Once a facility receives an approved
permit, any modifications to that permit might require
public notification.
-------
State Authorization
States can apply to assume primary responsibility for
implementing their own RCRA hazardous waste program
with oversight from EPA. For a state to become autho-
rized, it must devise a hazardous waste management
program that is at least as stringent as RCRA. Once
EPA approves a proposed program, the state becomes
the agency that monitors and enforces proper haz-
ardous waste management within its borders. If neces-
sary, however, EPA may still help authorized states
enforce their programs. In this way, even though EPA
does not directly oversee regulation, it can continue to
ensure that federal standards are met.
State involvement helps EPA manage RCRA more effec-
tively because it alleviates some of the burden involved
in administering and monitoring hazardous waste man-
agement across the nation. In addition, when RCRA is
managed by individual states, it is run by people who
are familiar with local issues and understand the inter-
ests of the regulated community.
Most states have chosen to become authorized by EPA
to run their own RCRA programs. As EPA passes new
national waste management laws, these states must
update their programs and enforce current standards.
In the few states and territories that do not have
authorized programs, RCRA is implemented by EPA's
regional offices.
Enforcing RCRA
Some individuals and companies might not be in com-
pliance with RCRA, either by accident, by misinterpreting
or being unaware of regulations, or by deliberately con-
ducting illegal waste management practices. RCRA
gives EPA or an authorized state the authority to con-
duct inspections to make sure that individual facilities
are in compliance with regulations.
If a violation is discovered during an inspection, EPA or
the authorized state may pursue enforcement action,
ranging from informal letters and phone calls notifying
the errant facility, to civil and criminal penalties that
may include fines and/or imprisonment. Fines for the
worst recurrent transgressions can exceed $27,500 per
RCRA—Superfund:
What Is the Difference?
Years ago, people did not understand the risk to
human health and the environment posed by cer-
tain wastes. Many hazardous wastes were
dumped on the ground or in rivers, or left out in
the open. As a result, thousands of abandoned
hazardous waste sites were created. In response
to growing concern over the risks posed by these
sites, Congress established the Superfund
Program in 1980. Superfund gives EPA the
authority to order responsible parties to clean up
contaminated sites, or to have those parties
reimburse EPA for any expenses EPA incurs
during cleanup.
How do the efforts under the Superfund program
differ from the cleanups mandated under RCRA?
RCRA mainly regulates how wastes should be
managed to prevent contamination. In contrast,
Superfund was designed to clean up previously
existing, abandoned hazardous waste sites.
Cleanups under RCRA are more likely to happen
at currently active TSDFs, whereas the Superfund
program is usually implemented at abandoned
sites where the responsible party is unable or
unwilling to pay for cleanup, or cannot be identi-
fied. The goal of the RCRA and Superfund pro-
grams, however, is essentially the same: to
ensure that human health and the environment
are protected from the risks of hazardous waste
contamination.
day for each uncorrected violation. If the violation is
judged to be deliberate, the violator may receive up to
15 years in prison and be required to pay up to a
$250,000 fine.
-------
Such severe penalties, however, might not always be
the most appropriate response to an unintentional or
minor violation. EPA has a number of more efficient,
less expensive ways of encouraging a facility to main-
tain compliance. EPA offers incentives, for example,
in the form of reduced violation penalties to those
facilities that perform self-audits, voluntarily report
violations, and promptly take actions to rectify their
problems and reestablish compliance.
Cleaning Up Releases
Despite the safeguards of RCRA's regulations, releas-
es of hazardous waste to the environment from TSDFs
might still occur from either accidents, spills, or conta-
mination persisting from past mismanagement of
waste. Under RCRA, owners and operators of haz-
ardous waste facilities must clean up the contamina-
tion caused by their activities. This is commonly
known as corrective action. EPA may require corrective
action for any releases of hazardous waste or con-
stituents at permitted or interim status TSDFs. In addi-
tion, RCRA allows EPA to require cleanup of any waste
management facility, including generator sites, if the
Agency deems the release an imminent and substan-
tial threat to human health and the environment.
Would You Like More Information?
RCRA, Superfund, and EPCRA Hotline
Call 800 424-9346 or 703 412-9810 in the
Washington, DC area. For the hearing impaired, the
number is TDD 800 553-7672.
You also can access information via the hotline's
Internet site at .
Additional Documents
These additional documents can help you learn
more about the requirements for hazardous waste
handlers. These documents are free and can be
ordered from the RCRA Hotline. Reference the EPA
document number (EPA530...) when ordering.
Understanding the Hazardous Waste Rules: A
Handbook for Small Businesses—1996 Update,
(EPA530-K-95-001).
The Hazardous Waste Facility Permitting Process,
(EPA530-F-96-007).
RCRA: Reducing Risk From Waste,
(EPA530-K-97-004).
RCRA Orientation Manual: 1998 Edition,
(EPA530-R-98-004).
Contact Your State
Although EPA's federal regulations set the national
standard for compliance, individual states often
have regulations
that are more strin-
gent than the feder-
al regulations. You
should contact your
state about its spe-
cific regulations.
State environmen-
tal contacts are
available from the
RCRA, Superfund,
and EPCRA Hotline.
-------
&EPA
The mission of the U.S.
Environmental Protection
Agency (EPA) is to protect
human health and safe-
guard the environment.
One way EPA helps fulfill
its mission is by regulat-
ing the management and
disposal of hazardous
wastes under the
Resource Conservation
and Recovery Act (RCRA).
RCRA has the following
three general goals: To
protect human health and
the environment • Jo
reduce waste while con-
serving energy and natur-
al resources • To reduce
or eliminate the genera-
tion of hazardous waste.
United States
Environmental Protection
Agency
Solid Waste
and Emergency Response
(5306W)
EPA530-E-00-001d
October 2000
www.epa.gov/osw
Safe Hazardous Waste
Recycling
azardous waste recycling activities include combustion for energy recovery,
use constituting disposal, reclamation, and direct use and reuse. EPA also
regulates the recycling of the following hazardous materials: used oil, pre-
cious metals, and scrap metal.
Recycling hazardous waste fulfills two of
RCRA's goals by reducing the consump-
tion of raw materials and energy and by
reducing the volume of waste materials
that must be treated and disposed of.
There are many benefits of recycling;
however, it must be conducted in a way
that ensures the protection of human
health and the environment.
During the development of RCRA, EPA
looked at recycling practices throughout
the United States and determined that
certain practices would pose a threat to
human health and the environment if
they were not properly conducted.
Hazardous waste recycling frequently
requires the accumulation of large quanti-
ties of hazardous waste prior to process-
ing. Improper storage of those materials
might cause spills, leaks, fires, and cont-
amination of soil and drinking water.
To encourage hazardous waste recycling
while protecting health and the environ-
ment, EPA developed regulations to
ensure recycling would be performed in
a safe manner.
EPA varies the degree to which a recy-
clable material or recycling activity is regu-
lated under RCRA based on the threat it
poses to human health and the environ-
ment. Recycling activities that pose a sig-
nificant threat are subject to the same
strict regulations as hazardous waste
treatment, storage, or disposal. Other haz-
ardous waste recycling activities that
resemble production processes, with
checks and balances that ensure safe
management, are subject to less strin-
gent regulations. In addition, a hazardous
material destined for recycling must be
identified by type and recycling process in
order to determine its level of regulation.
In other cases, EPA has set special stan-
dards for commonly recycled hazardous
materials to reduce the regulatory burden
on handlers and to encourage recycling.
Printed on paper that contains at least 30 percent postconsumer fiber.
-------
Through other resource conservation initiatives, EPA
encourages handlers of hazardous waste to adopt prac-
tices and choose materials that will reduce the amount of
waste generated, thus preventing pollution at its source.
In each case, the public derives significant benefits from
EPA's safe hazardous waste recycling regulations.
Combustion for Energy Recovery
Combustion for energy recovery involves burning the haz-
ardous waste directly as a fuel or using it as an ingredient
to produce a fuel. Used solvents, for example, are fre-
quently burned to produce heat or generate electricity.
Because of the potential for release of harmful con-
stituents from burning these wastes, EPA regulates this
recycling activity as strictly as any other type of hazardous
waste combustion. EPA requires combustion units that
burn hazardous waste for energy recovery to obtain a per-
mit and meet certain performance and operating stan-
dards under the boiler and industrial furnace regulations.
Use Constituting Disposal
Use constituting disposal involves applying a hazardous
waste directly to the land or incorporating it into a product
that will be applied to the land. Examples include using
hazardous waste as fertilizer or as an ingredient in
asphalt. EPA strictly regulates land disposal of hazardous
waste, due to the potential for soil and ground-water conta-
mination. Recycling a hazardous waste in a manner that
constitutes disposal (land application) presents similar
risks. The harmful constituents in hazardous wastes must
be treated to reduce their toxicity and ability to leach into
soil and ground water before the wastes are applied to the
land. When a hazardous waste is used as an ingredient in
a product, EPA will evaluate its use to ensure that it serves
a legitimate purpose in the function of the product. If it
does not, EPA considers this practice "sham" recycling;
placing such a product on the land would be illegal.
Reclamation
Reclamation is processing a material to recover a use-
able product, such as recovering mercury from broken
thermometers, or regenerating a material, such as clean-
ing used solvents to make them pure again. Reclamation
activities are regulated differently depending on the type
of hazardous waste to be recycled. Certain reclaimed
materials enjoy "relief" from all hazardous waste regula-
tions. Other materials, however, are subject to full regula-
tion when reclaimed. EPA made this distinction based on
the level of threat posed by common industry practices
associated with reclaiming different types of materials.
Other Resource Conservation
Initiatives
In addition to the special standards mentioned above,
EPA implements two other resource conservation initia-
tives: universal waste rules and waste minimization.
These intiatives also accomplish the goals of RCRA by
striking a balance between protecting human health and
the environment and encouraging recycling.
Universal Waste
Universal wastes include batteries, mercury thermostats,
and certain pesticides. EPA regulates these wastes by using
less stringent standards than other hazardous wastes to
encourage recycling. Because the Agency found that large
and diverse communities generate universal wastes that
might be present in large quantities in the nonhazardous
waste stream, EPA developed ways to encourage recycling.
EPA found that the hazardous waste regulations, as they
are normally applied, discouraged collection, recycling,
and proper management of universal wastes. To facilitate
these activities, EPA streamlined the regulations that
apply to universal waste handlers and transporters.
Universal waste handlers, for example, can accumulate
universal waste for up to 1 year, while hazardous waste
generators can only accumulate waste for a fraction of
that time. This extended period allows a universal waste
handler to accumulate enough batteries, for example, to
make recycling an economically viable option. Many recy-
cling operations require large quantities of wastes to
operate economically. Universal waste transporters can
transport without a manifest or EPA identification number,
while hazardous waste transporters must have both. EPA
fully regulates universal waste destination facilities (i.e.,
where the waste is ultimately disposed of or recycled) in
the same way hazardous waste treatment, storage, or
disposal facilities are regulated, because the risks of
recycling or disposing of universal wastes are similar to
other hazardous waste management activities.
-------
Direct Use and Reuse
The final type of hazardous waste recycling activity is
using a waste directly (without reclamation) as an ingre-
dient in an industrial process to make a product or
using a waste directly as a substitute for a product.
Under this activity, a facility will use a hazardous waste
directly in place of a product, if the waste is similar
enough to function in a similar manner. Since direct
reuse of the material presents a low risk to human
health and the environment, EPA does not regulate
these activities, unless the waste will be burned or
placed on the land. EPA will evaluate the legitimacy of a
recycling practice by ensuring that it is not an attempt
to avoid proper treatment or disposal and that the
material is recycled in a timely manner.
Special Standards
To encourage recycling of certain common hazardous
wastes, such as used oil, precious metal-bearing waste,
and scrap metal, EPA developed different standards for
their recycling and management. EPA regulates those
materials differently because industry standards already
encourage careful management. In addition, some of
these materials have considerable value and there is an
economic incentive to manage them safely. These special
standards reduce the regulatory burden on recyclers while
ensuring safe recycling. The public benefits from reducing
materials that are disposed of and the amount of raw
materials and energy required to produce new materials.
Used Oil
Used oil is crude or synthetic-based oil that has been
used and includes impurities or contaminants such as
dirt, metal scrapings, water, or chemicals. The most
common example is used motor oil from automobile
engines, but the term also includes industrial oils such
as metal working fluids, hydraulic fluids, and oil from
refrigerator compressors. Used oil is easily recycled;
about 380 million gallons are recycled annually.
Recyclers can re-refine used oil and return it to its origi-
nal purpose, process it to create different products, or
burn it for energy recovery.
To encourage used oil recycling, EPA developed less strin-
gent standards for used oil handlers than for hazardous
waste handlers. Used oil generators can store any quantity
of used oil indefinitely and need only ensure that it is
stored in tanks or containers that are in good condition.
Waste Minimization
While EPA encourages safe recycling practices, its ulti-
mate goal is to promote the minimization of waste
before it is generated. EPA encourages generators of
hazardous waste to choose materials and practices that
will reduce the volume and toxicity of their waste
streams. Waste minimization is not just about reducing
total waste quantities, but rather about reducing the
amount of chemicals in wastes, particularly those chemi-
cals that pose the greatest environmental concern.
To ensure that hazardous waste generators practice
waste minimization, they must certify, with every ship-
ment of hazardous waste they send for treatment or dis-
posal, that they have a program in place to ensure
waste reduction. Those facilities that treat, store, and
dispose of hazardous wastes also are required to regu-
larly certify they have a waste minimization program.
Here are some general examples of how a facility that gener-
ates hazardous waste can accomplish waste minimization:
Waste Minimization Case Study
A military equipment manufacturer used 8,250
gallons of a hazardous solvent each year. By substi-
tuting a nonhazardous solvent for the hazardous
solvent, it saved more than $100,000 in disposal,
purchasing, and regulatory compliance costs in less
than 10 years.
Set explicit goals for reducing the volume and toxicity
of waste.
Conduct periodic waste minimization assessments.
Substitute nonhazardous raw materials for hazardous
ones.
Redesign equipment to produce less waste.
Install systems that reuse waste materials directly in
the process.
-------
Used oil transporters do not need to carry a shipping
manifest, which EPA requires hazardous waste trans-
porters to carry. Used oil processors and re-refiners do
not need permits to operate, while hazardous waste
treatment, storage, and disposal facilities do. Used oil
burners are regulated only if the quantity of harmful con-
stituents in the used oil is above specifications.
To address the risks to human health and the environ-
ment associated with used oil recycling, EPA set mini-
mum good housekeeping standards to ensure safe
recycling. EPA requires that used oil be stored in tanks
and containers that prevent releases to soil and ground
water. EPA requires used oil transporters, marketers,
processors, and re-refiners to keep records of the quan-
tity, origin, destination, and date of shipment or accep-
tance of any shipment of used oil, to ensure that the oil
is actually recycled. And, finally, EPA set standards for
the cleanup of releases during storage and transit.
Precious Metals
Hazardous wastes can contain significant amounts of
precious metals such as gold, silver, platinum, palla-
dium, iridium, osmium, rhodium, and ruthenium. The
precious metal components of such wastes can be
reclaimed. One example is photographic fixer, which
contains silver. Since precious metals are valuable
commodities, businesses usually handle them very
carefully. EPA standards for handling precious metal
waste that will be recycled are significantly less strin-
gent than for other hazardous wastes.
Scrap Metal
Scrap metal is bits and pieces of metal parts or
metal pieces that can be recycled, such as auto bod-
ies, used wire, and metal pieces from manufacturing
and assembly operations. Scrap metal does not
include materials generated from smelting and metal
refining operations or materials that contain a signifi-
cant liquid component. Reclaimed scrap metal is
exempt from all hazardous waste regulations. EPA
determined this activity does not pose a threat simi-
lar to other types of waste management.
Would You Like More Information?
RCRA, Superfund, and EPCRA Hotline
Call 800 424-9346 or 703 412-9810 in the
Washington, DC area. For the hearing impaired, the
number is TDD 800 553-7672. You also can
access information via the hotline's Internet site at
.
Additional Documents
These additional documents can help you learn
more about the requirements for hazardous waste
recycling. These documents are free and can be
ordered from the RCRA Hotline. Reference the EPA
document number (EPA530...) when ordering.
Environmental Fact Sheet: Final Streamlined
Regulations for Collecting and Managing Universal
Wastes, (EPA530-F-95-011).
Managing Used Oil: Advice for Small Businesses,
(EPA530-F-96-004).
Waste Minimization National Plan: Reducing Toxics in
Our Nation's Waste, (EPA530-F-97-028).
RCRA Orientation Manual: 1998 Edition,
(EPA530-R-98-004).
Contact Your State
Although EPA regu-
lations set the
national standard
for compliance,
states often have
more stringent reg-
ulations. Contact
your state about
specific regula-
tions. State envi-
ronmental contacts
are available from
the hotline.
-------
&EPA
The mission of the U.S.
Environmental Protection
Agency (EPA) is to protect
human health and safe-
guard the environment.
One way EPA helps fulfill
its mission is by regulat-
ing the management and
disposal of hazardous
wastes under the
Resource Conservation
and Recovery Act (RCRA).
RCRA has the following
three general goals: To
protect human health and
the environment • Jo
reduce waste while con-
serving energy and natur-
al resources • To reduce
or eliminate the genera-
tion of hazardous waste.
United States
Environmental Protection
Agency
Solid Waste
and Emergency Response
(5306W)
EPA530-E-00-001e
October 2000
www.epa.gov/osw
What Makes a Waste
Hazardous?
As a first step in fulfilling the goals of RCRA, EPA developed objective
criteria to define and identify hazardous waste for regulation. According to
EPA, a waste is hazardous if it can be harmful to human health and the envi-
ronment when handled improperly. Hazardous wastes come in many forms
and can be generated in a variety of industrial and nonindustrial settings. Specifically, a
waste is considered hazardous under RCRA if it meets either of the following criteria:
(1) it is specifically listed (identified) as a hazardous waste or (2) it exhibits one or
more characteristics of a hazardous waste.
Determining whether or not a waste qualifies as hazardous is important because only
hazardous wastes that meet the criteria above are subject to RCRA regulations. EPA
requires wastes identified as hazardous to be handled—stored, treated, and disposed
of—according to the stipulations of the RCRA hazardous waste program.
What Are the Different
Kinds of Hazardous Waste?
Listed Wastes
EPA has specifically identified and listed
certain wastes that are known to be haz-
ardous. To determine a waste to be listed,
EPA observes different industrial practices
at numerous facilities, noting the common
chemicals used, and assessing which
wastes pose the greatest risk to human
health and the environment. Listed wastes
are always hazardous regardless of their
chemical composition—no testing is
required to identify them. Listed wastes
are divided into four categories, according
to their origin:
• F list—Wastes from generic industrial
processes. For example, certain used
solvents used for cleaning or
degreasing.
• K list—Wastes from specific industry
sectors. For example, certain petrole-
um refining wastes.
i Printed on paper that contains at least 30 percent postconsumer fiber.
-------
• P list—Unused, acutely hazardous commercial chemi-
cal products. For example aldrin, a chemical used as
an agricultural insecticide.
• U list— Unused, commercial chemical products. For
example, DDT and formaldehyde.
Characteristic Wastes
Not all hazardous wastes are listed. EPA has identified
certain properties or characteristics that also can
Hazar
Source
Educational Activities
(Schools, Vocational Programs)
Dry Cleaning
Construction
Vehicle Maintenance
identify a waste as hazardous to human health and the
environment. A waste is considered hazardous and is
regulated under RCRA if it exhibits one of the following
characteristics:
• Ignitability—Waste that is determined to be flamma-
ble under certain conditions.
• Corrosivity—Waste that corrodes metals or has a
very high or low pH.
• Reactivity—Waste that readily explodes or undergoes
violent reactions.
• Toxicity—Waste that is known to be harmful or fatal
when ingested and is known to leach into ground
water at certain levels. For example, waste with high
levels of arsenic, lead, or mercury.
What Are the Different Forms of
Hazardous Waste?
In developing the hazardous waste regulations, EPA rec-
ognized that waste management practices often cause
wastes to deviate from their original form. For example,
hazardous wastes can be mixed with other wastes; can
be produced from other wastes; or can contaminate soil,
ground water, and other materials.
y Various Activities
Generation Activity
Laboratories, art classes
Types of Waste
Solvent waste, paint waste, toxic
waste, used/unused chemicals
Commercial drycleaning process Solvent waste
Lawn Maintenance Services
Paint preparation, contracting
activities, vehicle and
equipment maintenance
Rust removal, paint removal,
spray booth/spray gun waste,
paint preparation
Pesticide application, cleanup
Ignitable wastes, toxic wastes,
solvent wastes, used oil
Solvents, paint wastes, toxic
wastes, ignitable wastes
Used/unused pesticides, solvent
wastes, contaminated soils
-------
Mixtures
In some situations, hazardous wastes
are mixed with other hazardous wastes
or nonhazardous wastes before proper
treatment or disposal. To prevent gen-
erators of hazardous wastes from dilut-
ing wastes intentionally in order to
bypass regulation, EPA developed
requirements for hazardous waste mix-
tures. A mixture of a listed waste and
any other waste will remain regulated
as a listed waste regardless of the per-
centage of the listed waste in the mix-
ture. A mixture of a characteristic
hazardous waste and any other waste
will only be considered hazardous if the
resultant mixture exhibits a hazardous
waste characteristic. Even if resultant
mixtures do not exhibit a characteristic
of hazardous waste, they may still
require further treatment before proper
disposal.
Are There Any Exclusions for Hazardous Waste?
Not all wastes defined as
hazardous are subject to
EPA's hazardous waste man-
agement standards.
Congress and EPA identified
certain wastes that may be
impractical or otherwise
undesirable to regulate. For
example, household haz-
ardous wastes (e.g., cleaning
chemicals, paint and paint
thinner, medicinal drugs, and
ointments used in the home)
are common materials dis-
posed of by millions of
households nationwide. To
subject these wastes to the
stringent hazardous waste
Other Wastes Excluded
from Hazardous Waste
Regulations:
Domestic sewage.
Certain industrial waste-
water discharges regulated
under the Clean Water Act.
Radioactive wastes regulat-
ed solely under the Atomic
Energy Act.
Recycled used oil and
certain used oil filters.
Certain agricultural wastes.
Processed scrap metal.
Derived-From Wastes
regulations would be counterproductive, resulting in the overburden-
ing of the general public. Instead, household hazardous waste is
managed safely on a local level by its inclusion in municipal solid
waste or special household hazardous waste collection programs.
As a result of treatment, storage, or
even proper disposal, residues of haz-
ardous waste can be generated from
the original hazardous waste. These
are called derived-from wastes. EPA recognized
that these residues might not be rendered nonhaz-
ardous by management activities. The hazardous status
of a residue, such as a sludge, ash, or filter, depends
on the type of hazardous waste from which it is derived.
ardous waste characteristics. Remember, even if these
residues do not exhibit a hazardous waste characteris-
tic, they may still require further treatment before
proper disposal.
Just as with mixtures of hazardous waste, if a residue
is derived from a listed hazardous waste, or exhibits a
characteristic of hazardous waste, then it is regulated
under RCRA as a hazardous waste.
For example, if a residue is derived from a listed haz-
ardous waste, it retains the listed waste classification
regardless of its concentration. In other words, if some-
one burns a K-listed waste, the resultant ash would
remain a K-listed waste regardless of the concentration
of that waste ash. If, however, a residue is derived from
a characteristic hazardous waste, it will only be consid-
ered hazardous if it still exhibits one of the four haz-
Contaminated Media and Debris
Sometimes listed and characteristic hazardous wastes
are spilled into the environment (e.g., soil or ground
water) or contaminate equipment, buildings, other struc-
tures, or debris. Environmental media and debris conta-
minated by a listed hazardous waste must be managed
as that listed waste regardless of the concentration of
waste they contain. Media and debris contaminated
with a characteristic hazardous waste must be man-
aged as a characteristic hazardous waste only if they
exhibit a hazardous waste characteristic.
-------
Would You Like More Information?
RCRA, Superfund, and EPCRA Hotline
Call 800 424-9346 or 703 412-9810 in the
Washington, DC area. For the hearing impaired,
the number is TDD 800 553-7672.
You also can access information via the hotline's
Internet site at .
Additional Documents
These additional documents can help you learn
more about the requirements for hazardous waste
handlers. These documents are free and can be
ordered from the RCRA Hotline. Reference the EPA
document number (ER4530...) when ordering.
Does Your Business Produce Hazardous Waste?
Many Small Businesses Do, (EPA530-SW-90-027).
Identifying Your Waste: The Starting Point,
(EPA530-F-97-029).
Understanding the Hazardous Waste Rules: A
Handbook for Small Businesses—1996 Update,
(EPA530-K-95-001).
Contact Your State
Although EPA's federal regulations set the national
standard for compliance, individual states often
have regulations that are more stringent than the
federal regulations. You should contact your state
about its specific regulations. State environmental
contacts are available from the RCRA, Superfund,
and EPCRA Hotline.
SERVICE
STATION
-------
&EPA
The mission of the U.S.
Environmental Protection
Agency (EPA) is to protect
human health and safe-
guard the environment.
One way EPA helps fulfill
its mission is by regulat-
ing the management and
disposal of hazardous
wastes under the
Resource Conservation
and Recovery Act (RCRA).
RCRA has the following
three general goals: To
protect human health and
the environment • Jo
reduce waste while con-
serving energy and natural
resources • To reduce or
eliminate the generation
of hazardous waste.
United States
Environmental Protection
Agency
Solid Waste
and Emergency Response
(5306W)
EPA530-E-00-001f
October 2000
www.epa.gov/osw
How You Can Make
a Difference in Hazardous
Waste Management
The public is inherently invested in RCRA because of the health and environ-
mental risks that can result from the mismanagement of hazardous waste.
Citizens can help protect themselves and their environment from hazardous
waste releases by understanding the RCRA regulations and learning how to
participate in environmental decision-making.
EPA is committed to involving the public
in the development and implementation
of hazardous waste regulations, as well
as in monitoring the activities of their
local hazardous waste management
facilities. Under RCRA, public participa-
tion activities involve EPA and facility
owners by encouraging input and feed-
back from local communities, conduct-
ing dialogues with the public, providing
access to decision-makers, assimilating
public viewpoints and preferences, and
demonstrating that expressed opinions
have been considered. EPA regards pub-
lic participation as an important activity
that empowers communities to under-
stand and influence how their own haz-
ardous waste is managed.
To facilitate public participation, EPA
conducts extensive outreach activities,
including public meetings and informa-
tive Internet postings. In addition, EPA
publishes guidance documents that
describe RCRA's intent and focus. These
publications range from general fact
sheets to technical guidance documents
and are available over the Internet or
can be ordered from the RCRA Hotline
(see the "Would You Like More
Information?" section).
Public Participation in the
Rulemaking Process
Public involvement is an integral part of
the RCRA rulemaking process. When
creating new regulations, EPA must first
publish the proposed rules in the
Federal Register, a daily publication for
requirements and notices issued by fed-
eral agencies. The public can examine
the proposed regulations, attend public
hearings to learn about regulatory
Printed on paper that contains at least 30 percent postconsumer fiber.
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Public Participation in Permitting
Steps for Public Participation
in Permitting
Facility notifies public of informal meeting at
least 30 days prior to meeting.
Informal public meeting.
Permit applicant submits permit application,
including a summary of the public meeting that
includes details of the meeting attendees.
Upon receipt of application, permitting agency
sends notice to everyone on facility mailing list
indicating where public can view application.
Permitting agency noti-
fies public of decision
to issue a draft permit
or a notice of intent to
deny, and opens mini-
mum 45-day comment
period.
During comment period,
public or permitting
agency may request a
hearing; permitting
agency must notify public
at least 30 days prior to
such a hearing.
After comment period closes, permitting
agency reviews, evaluates, and responds
to all comments and issues a final permit
decision.
Permitting agency notifies the facility owner
and operator, public commenters, and all
other persons who requested notice on the
final permit decision.
options that EPA is considering, and express their opin-
ions by submitting written comments to the Agency. EPA
is required to consider and respond to all public com-
ments before issuing a final rule. After EPA publishes
the final rule in the Federal Register, the public has the
right to petition for its amendment or repeal.
Owners and operators of treatment, storage, and dis-
posal facilities (TSDFs) are required to inform the public
of their intent to begin operating and continue to keep
the public informed of facility decisions that may affect
the community. Since TSDFs handle large amounts of
hazardous waste, they are stringently regulated by EPA.
For example, a landfill or an incinerator receiving haz-
ardous waste would be considered a TSDF and subject
to hazardous waste permit provisions. TSDFs can oper-
ate legally only under the conditions prescribed in their
permits.
EPA has established public participation requirements
that must be satisfied during the TSDF permitting
process. The first step in this process is the pre-
application meeting. This meeting must be advertised
by the facility owner and held at a convenient location.
At this meeting, the public learns about proposed
facility operations and their potential impacts on human
health and the environment and has the opportunity to
express opinions and concerns. Citizens who attend the
pre-application meeting can subscribe to a mailing list
and receive new information about the facility as it
becomes available.
After the pre-application meeting, the facility owner sub-
mits the permit application for EPA's review. Before
making a final decision to issue or deny the permit, EPA
again allows the public an opportunity to comment and
considers all opinions and concerns. In special cases
where a significant amount of public concern has been
displayed, EPA may require the TSDF to establish an
information repository containing certain documents
and data that EPA specifies must be available for public
viewing. Once a facility's permit is approved, the owner
must notify the public and receive authorization from
EPA if it intends to operate under different conditions
than those specified in the permit.
Facilities that generate wastes incidental to their
primary business operations do not have public notifica-
tion requirements. These facilities are called hazardous
waste generators, and can range from local dry clean-
ers or service stations to laboratories or manufacturing
facilities. Hazardous waste generators are not regulated
as stringently as TSDFs because they handle smaller
volumes of waste for short periods of time.
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RCRA Databases Maintained by EPA
EPA maintains two main databases with information collected from hazardous waste facilities: the Biennial
Reporting System (BRS), a database used to collect and report biennial data on hazardous waste generation
and management, and the Resource Conservation and Recovery Information System (RCRIS), a database
used to track facilities regulated under the RCRA hazardous waste program. RCRIS includes general informa-
tion on hazardous waste facilities, (all handlers with permits to treat, store, or dispose of hazardous waste),
compliance with federal and state regulations, and any RCRA facility cleanup activities.
Access these databases at the Envirofacts Warehouse Web site at <.
The public, however, can still obtain information about
hazardous waste generators, as well as TSDFs, by
searching EPA-maintained databases that contain spe-
cific information about each facility or by reading
reports that are published based on the same informa-
tion. Additionally, state hazardous waste contacts can
provide facility-specific information.
EPA recognizes that valuable public participation can
take place outside of the formal regulatory procedures.
EPA supports communities in their efforts to carry out
informal means of public participation, including com-
municating with other citizens, public interest groups,
regulated facilities, and EPA.
Public Participation in Corrective
Action
Corrective action is the cleanup of hazardous waste
releases that have occurred at TSDFs. Since contamina-
tion can directly impact communities, public interest in
corrective action is usually strong. Under RCRA, the
public can obtain information related to current or
potential releases, including levels of contamination,
the extent of health and environmental risks, and the
potential for future risks. The public also can seek addi-
tional opportunities to provide input to the overseeing
agency or the facility about contamination cleanup.
At permitted RCRA facilities, corrective action activities
can be incorporated by modifying the facility permit. As
mentioned earlier, modifications to a facility's permit
might require some type of public notice and participa-
tion. Nonpermitted facilities conducting corrective action
must satisfy similar public participation requirements,
even though they do not have a permit to modify. EPA
and facilities should make all reasonable efforts to
seek public participation early in the corrective action
process because important cleanup decisions are made
during the investigation and assessment of the site. At
a minimum, information regarding corrective action
activities should be available, and the public should be
given an opportunity to review and comment on pro-
posed cleanup remedies. EPA's corrective action
publications and guidance are available on the Internet
at .
Understanding Risk
Exposure to hazardous waste contamination can pose
serious risks to human health. EPA calculates contami-
nation risk by using a complex scientific process called
risk assessment. In its risk assessment process, EPA
examines two main factors: the likelihood of human or
environmental exposure to the contamination and the
adverse health effects that the substances can cause.
The likelihood of exposure is dependent on environmen-
tal factors and chemical properties including the mobili-
ty, persistence, and potential of the chemical to
accumulate in plants or animals. The degree of harm
the substance can cause is dependent on its toxicity.
The level of risk calculated by EPA for a particular situa-
tion might not necessarily correspond to the risk per-
ceived by the public. The public generally evaluates risk
based not just on scientific data, but also on personal
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perceptions. For example, a lot of public concern might
be generated by the presence of a toxic contaminant,
while EPA might scientifically assess the same conta-
minant as a low risk because the probability for expo-
sure is minimal, or because the contaminant is
relatively immobile and would not travel far from the
facility. A community might also become concerned
about negative publicity, which can sometimes be
associated with local waste management operations
such as hazardous waste combustion facilities. It is
important for EPA and the public to work together to
consider all of the available information and make
informed risk evaluations. Although risk assessment is
technically complex and requires scientific expertise,
there are important ways for citizens to contribute.
Environmental Justice
For EPA, environmental justice is the "fair treatment for
people of all races, cultures, and incomes regarding the
development of environmental laws, regulations, and
policies." By making environmental justice an integral
part of its regulation development, EPA ensures the
equal distribution of environmental risks across socio-
economic and racial groups. All federal agencies are
required to identify and address environmental concerns
and issues of minority and low-income communities.
EPA encourages hazardous waste facilities to use all
reasonable means to guarantee that all segments of
the population have an equal opportunity to partici-
pate in the permitting process and have equal
access to information. For example, EPA may need to
publish multilingual notices and fact sheets, as well
as provide translators, in areas where the affected
community contains significant numbers of people
who do not speak English as a first language.
Environmental justice current events, publications,
and contacts are available on EPA's Web site at
.
Would You Like More Information?
RCRA, Superfund, and EPCRA Hotline
Call 800 424-9346 or 703 412-9810 in the
Washington, DC area. For the hearing impaired,
the number is TDD 800 553-7672.
You also can access information via the hotline's
Internet site at .
Additional Documents
These additional documents can help you learn
more about the requirements for hazardous waste
handlers. These documents are free and can be
ordered from the RCRA Hotline. Reference the EPA
document number (EPA530...) when ordering.
RCRA Public Participation Manual: 1996 Edition,
(EPA530-R-96-007).
The Hazardous Waste Facility Permitting Process,
(EPA530-F-96-007).
RCRA Expanded Public Participation Rule,
(EPA530-F-95-030).
RCRA Orientation Manual: 1998 Edition,
(EPA530-R-98-004).
Contact Your State
Although EPA's federal regulations set the national
standard for compliance, individual states often
have regulations that are more stringent than the
federal regulations. You should contact your state
about its specific
regulations. State
environmental con-
tacts are available
from the RCRA,
Superfund, and
EPCRA Hotline.
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