MANUAL
Resource Conservation and Recovery Act
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RCRA Orientation
Manual
THIS MANUAL WAS DEVELOPED BY:
THE U.S. ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF SOLID WASTE/COMMUNICATIONS, INFORMATION,
AND RESOURCES MANAGEMENT DIVISION
1200 Pennsylvania Avenue, N.W.
WASHINGTON, DC 20460
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TABLE OF CONTENTS
Use of the Manual v
Foreword vn'
Executive Summary ES-1
Section I: Introduction to the Resource Conservation and Recovery Act 1-1
Section II: Managing Solid Waste — RCRA Subtitle D II-1
Section III: Managing Hazardous Waste — RCRA Subtitle C III-l
Overview HI-1
Chapter 1: Hazardous Waste Identification III-3
Chapter 2: Hazardous Waste Recycling and Universal Wastes 111-29
Chapter 3: Regulations Governing Hazardous Waste Generators 111-39
Chapter 4: Regulations Governing Hazardous Waste Transporters 111-49
Chapter 5: Regulations Governing Treatment, Storage, and Disposal Facilities 111-53
Chapter 6: Land Disposal Restrictions 111-89
Chapter 7: Hazardous Waste Combustion 111-99
Chapter 8: Permitting of Treatment, Storage, and Disposal Facilities Ill-109
Chapter 9: Corrective Action to Clean Up Hazardous Waste Contamination Ill-121
Chapter 10: Enforcement of Hazardous Waste Regulations III-127
Chapter 11: Authorizing States to Implement RCRA III-137
Section IV: Managing Underground Storage Tanks — RCRA Subtitle I IV-1
Section V: Miscellaneous Statutory Provisions V-l
Overview V-i
Chapter 1: Federal Procurement Requirements V-3
Chapter 2: Medical Waste Regulations V-9
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Table of Contents
Section VI: RCRA and Its Relationship to Other Environmental Statutes VI-1
Overview VI-1
Chapter 1: Legislative Framework for Addressing Hazardous Waste Problems VI-3
Chapter 2: CERCLA — The Hazardous Waste Cleanup Program VI-9
Section VII: Public Involvement in RCRA VII-1
Appendix A: Hazardous Waste Manifest A-l
Appendix B: Land Disposal Restrictions Notification Requirements B-l
Appendix C: Underground Storage Tank Notification Form C-l
Appendix D: Glossary D-l
Appendix E: Acronyms and Abbreviations E-l
AppendixF: OSWOrganization Chart F-l
Appendix G: Environmental Contacts G-l
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USE OF THE MANUAL
This document has been reviewed by the U.S. Environmental Protection Agency and has
been approved for publication. Mention of trade names, products, or services does not
convey, and should not be interpreted as conveying, official EPA approval, endorsement, or
recommendation.
This manual serves as an effective introduction to the various facets and basic structure of
the RCRA program designed to regulate solid waste, hazardous waste, and underground
storage tanks. In order to achieve this goal, the RCRA Orientation Manual is designed for
EPA and state staff, members of the regulated community, and the general public who wish to
better understand RCRA. While this manual constitutes a review of the RCRA program, it is
not a substitute for RCRA or its implementing regulations, nor is it a regulation itself. Thus,
it cannot impose legally binding requirements on EPA, states, or the regulated community. In
addition, the manual is not intended to modify or affect in any way existing statutory or
regulatory requirements or Agency policies; it is simply intended to briefly summarize those
requirements and policies. If there is any unintended variation between any statements in this
manual and existing requirements or policy statements, the requirements or policy statements
are controlling.
Further information is available over the Internet on the Office of Solid Waste and
Emergency Response's Homepage at: http://www.epa.gov/oswer. For more detailed
information about hazardous and nonhazardous solid waste, please see the Office of Solid
Waste's Homepage at: http://www.epa.gov/osw. Regulatory information and documents are
also available from the RCRA, Superfund & EPCRA Call Center at either (703) 412-9810 in
the Washington DC area or (800) 424-9346 toll-free elsewhere. TDD users should call either
(703) 412-3323 in the Washington DC area or (800) 553-7673 toll-free elsewhere. The Call
Center is accessible over the Internet at hrtp://www/epa.gov/epaoswer/hotline. Many RCRA
guidance documents, publications, and other outreach materials are available on the Internet
at http://www.epa.gov/rcraonline.
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FOREWORD
This manual updates the 2000 RCRA
Orientation Manual, which has proven to be a
popular and valuable resource for anyone working
with EPA's solid and hazardous waste management
program or underground storage tank program.
Since the manual's publication in 1990, the RCRA
program has evolved dramatically. As a result of
changes in the dynamics of solid and hazardous
waste management, as well as changes in the
regulatory expectations and demands of government,
public, and private entities, the RCRA program has
been steadily modified through new regulations,
policies, Agency-wide initiatives, and Congressional
mandates. The manual's revision reflects the
progress that has been made in the program and
documents the changes in RCRA.
At this time, the RCRA Subtitle C hazardous
waste regulatory framework is completely in place,
and almost all states are implementing large portions
of the program. EPA has achieved significant
progress in establishing provisions to fully protect
both ground water and air resources. Under Subtitle
D, the establishment of municipal solid waste
landfill criteria ensures adequate protection of
human health and the environment from solid waste
disposal practices. In addition, the Agency has
significantly expanded initiatives aimed at reducing
the amount of waste generated, and in the event that
this cannot be achieved, making any resulting waste
management more efficient. Lastly, the Subtitle I
underground storage tank program is being fully
implemented, and tank owners and operators are
working towards upgrading their units to meet the
most current and environmentally protective
management standards.
As we move ahead in the continuing
implementation of RCRA, several priority initiatives
stand out. For example, EPA continues to encourage
waste minimization in order to reduce the quantities
of waste generated and the volume of waste that
needs to be handled by practices such as land
disposal and combustion. Also, the RCRA program
is advancing risk-based regulation by evaluating new
ways to regulate wastes based on the risk that they
might pose to human health and the environment.
Lastly, EPA is increasing the incorporation of states,
the regulated community, and the public into the
regulatory process in order to further a protective
environmental strategy that is easy to implement,
provides feasible compliance options, and takes into
account the interests of citizens.
The continued success of the RCRA program
rests on the involvement of all stakeholders. The
RCRA Orientation Manual provides a mechanism
through which affected parties can learn more about
the program, and it serves as an effective
introduction to the basic structure and various facets
of the RCRA program designed to regulate solid and
hazardous waste.
In addition to this manual, two new documents
provide an informative look back at the past and a
speculative look forward to the future of the RCRA
program. For a look back at past successes, the
report 25 Years of RCRA: Building on Our Past to
Protect Our Future commemorates RCRA's 25th
Anniversary in October 2001 and highlights the
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Forward
accomplishments of RCRA's protective framework
to date. For a look ahead, the draft white paper
Beyond RCRA: Prospects for Waste and Materials
Management in the Year 2020 identifies trends that
could affect the future of waste management and
resource conservation and also suggests general
strategies that might be used to build a new vision
for the future of the program. For information
regarding document availability contact the RCRA,
Superfund & EPCRA Call Center (see section
entitled Use of the Manual).
The RCRA Orientation Manual was developed
by the Office of Solid Waste, Communications,
Information, and Resources Management Division.
Special thanks to the many individuals at EPA
Headquarters who reviewed the drafts and provided
comments.
VIM
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RCRA ORIENTATION
MANUAL
EXECUTIVE SUMMARY
OVERVIEW
The Resource Conservation and Recovery Act
(RCRA) was enacted in 1976 to address the huge
volumes of municipal and industrial solid waste
generated nationwide. After several amendments,
the Act as it stands today governs the management
of solid and hazardous waste and underground
storage tanks (USTs).
The U.S. Environmental Protection Agency
(EPA) published the RCRA Orientation Manual in
order to educate and inform the public about the
broad requirements of RCRA's regulatory program.
This manual has proven to be a popular and valuable
resource for anyone working with EPA's solid and
hazardous waste management program or UST
program.
Since the manual's initial publication in 1990,
the RCRA program has evolved dramatically. As a
result of changes in the dynamics of solid and
hazardous waste management, as well as changes in
the regulatory expectations and demands of
government, public, and private entities, the RCRA
program has been steadily modified through new
regulations, policies, Agency-wide initiatives, and
Congressional mandates. This revision reflects the
progress that has been made in the program and
documents the changes in RCRA that have occurred
since the last publication in 2000.
FEATURES OF THIS MANUAL
Specifically, this manual outlines RCRA in
seven sections:
• Introduction to RCRA
• Managing Solid Waste — RCRA Subtitle D
• Managing Hazardous Waste — RCRA
Subtitle C
• Managing Underground Storage Tanks —
RCRA Subtitle I
• Miscellaneous Statutory Provisions
• RCRA and Its Relationship to Other
Environmental Statutes
• Public Participation in RCRA.
This manual also contains appendices that
present important RCRA forms and paperwork
requirements, a glossary, a list of acronyms and
abbreviations, an organization chart for EPA's Office
of Solid Waste, and useful environmental contacts.
MANUAL HIGHLIGHTS
Each of the seven sections of the manual
discusses different aspects of the regulatory
program.
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Executive Summary
Introduction to the Resource
Conservation and Recovery Act
RCRA's goals are to protect human health and
the environment from the hazards posed by
waste disposal; to conserve energy and natural
resources through waste recycling and recovery;
to reduce or eliminate the amount of waste
generated, including hazardous waste; and to
ensure that wastes are managed in an
environmentally safe manner.
RCRA, enacted in 1976, is an amendment to the
Solid Waste Disposal Act of 1965. RCRA has
been amended several times, most significantly
by the Hazardous and Solid Waste Amendments
(HSWA)ofl984.
Within this manual, the acronym RCRA refers
not only to the Statute itself, but also to
corresponding regulations codified in the Code
of Federal Regulations (CFR), guidance, and
policy.
RCRA addresses three programs — solid waste,
hazardous waste, and USTs.
RCRA involves several organizations and
entities, including Congress, EPA's Office of
Solid Waste and Emergency Response
(OSWER), EPA Regions, states, the regulated
community, and the general public.
Current program initiatives include encouraging
waste minimization, streamlining RCRA
regulations, fostering federal/state partnerships,
and enhancing public access to information.
Managing Solid Waste — RCRA
Subtitle D
RCRA's solid waste management program,
Subtitle D, encourages environmentally sound
solid waste management practices that maximize
the reuse of recoverable material and foster
resource recovery.
The term solid waste is very broad, including not
only the traditional nonhazardous solid wastes,
such as municipal garbage, but also some
hazardous wastes. RCRA Subtitle D addresses
solid wastes, including those hazardous wastes
that are excluded from the Subtitle C regulations
(e.g., household hazardous waste), and
hazardous waste generated by conditionally
exempt small quantity generators (CESQGs).
The solid waste management program also
addresses municipal solid waste, which is
generated by businesses and households and is
typically collected and disposed in municipal
solid waste landfills (MSWLFs).
EPA recommends an integrated, hierarchical
approach to managing municipal solid waste that
includes: source reduction, recycling,
combustion, and landfilling. Source reduction
and recycling are preferred elements of the
system.
The Subtitle D
program includes
technical criteria for
MSWLFs to ensure
that such landfills
will be fully
protective of human
health and the
environment.
EPA has a number of programs to encourage
sound waste management — Wastewise, the
Jobs Through Recycling program, unit pricing,
and full cost accounting for municipal solid
waste.
Managing Hazardous Waste
Subtitle C
RCRA
The hazardous waste management program,
Subtitle C, is intended to ensure that hazardous
waste is managed safely from the moment it is
generated to the moment it is finally disposed.
The Subtitle C program includes procedures to
facilitate the proper identification and
classification of hazardous waste.
While waste recycling and recovery are major
components of RCRA's goals, they must be
implemented consistently with proper hazardous
waste management. As a result, RCRA contains
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Executive Summary
provisions to ensure safe hazardous waste
recycling, and to facilitate the management of
commonly recycled wastestreams.
The program also includes standards for those
facilities that generate (i.e., produce), transport,
treat, store, or dispose of hazardous waste.
These standards include requirements for
general facility management and specific '
hazardous waste management units. The
provisions for treatment, storage, and disposal
facilities (TSDFs) include additional precautions
to protect ground water and air resources.
The hazardous waste management program
includes safeguards to protect human health and
the environment from hazardous waste that is
disposed of on the land. These safeguards are
known as the land disposal restrictions (LDR).
RCRA also minimizes the hazards of burning
hazardous waste by imposing strict standards on
combustion units.
Because EPA wants to limit hazardous waste
treatment, storage, or disposal only to facilities
that can adequately protect human health and the
environment, RCRA requires these facility
owners and operators to obtain a hazardous
waste permit from the Agency.
Since hazardous waste management may result
in spills or releases into the environment, RCRA
Subtitle C also contains provisions governing
corrective action, or the cleanup of contaminated
air, ground water, and soil.
The RCRA statute additionally grants EPA broad
enforcement authority to require all hazardous
waste management facilities to comply with the
regulations.
The Subtitle C program also contains provisions
that allow EPA to authorize state governments to
implement and enforce the hazardous waste
regulatory program. State programs must be at
least as stringent as the federal program.
Managing Underground Storage
Tanks (UST) — RCRA Subtitle I
The RCRA Subtitle I UST regulatory program
regulates underground tanks storing petroleum
or hazardous substances.
In order to protect human health and the
environment from threats posed by releases from
such tanks, the program governs tank design,
construction, installation, operation, release
detection, release
response, corrective
action, closure, and
financial
responsibility.
Many UST owners
and operators must secure loans from financial
and other institutions to comply with
environmental regulations, such as UST
upgrading and maintenance requirements. The
Subtitle I program contains specific provisions
to protect lending institutions from liability that
they might incur from extending these loans.
Similar to RCRA Subtitle C, Subtitle I contains
provisions that allow EPA to approve state
government implementation and enforcement of
the UST regulatory program.
The expense and threats of contamination from
leaking USTs necessitate efficient, effective, and
thorough cleanups. To guarantee that such
cleanups will be conducted in an efficient and
protective manner, Subtitle I also established a
Leaking Underground Storage Tank (LUST)
Trust Fund. The Fund facilitates cleanup
oversight and guarantees cleanups when the ,
responsible owner and operator cannot take
action, or when the situation requires emergency
response.
Miscellaneous Statutory Provisions
Consistent with RCRA's focus on recycling, the
Statute contains provisions for EPA to encourage
recycling and promote the development of
markets for items with recovered materials
content.
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Executive Summary
To help achieve this goal, EPA publishes federal
procurement guidelines that set minimum
recovered materials content standards for certain
designated items. RCRA requires federal
procuring agencies to purchase items composed
of the highest percentage of recovered materials
practicable. These requirements are specified in
Comprehensive Procurement Guidelines (CPG)
and Recovered Materials Advisory Notices
(RMAN).
RCRA's focus is not limited to solid waste,
hazardous waste, or USTs. Medical waste can
pose similar threats to human health and the
environment. As a result, RCRA established a
medical waste tracking program to ensure that
such waste is properly handled from the moment
it is generated to the moment it is disposed. This
program was a demonstration program that
began June 22, 1989, and ended June 22, 1991.
At this time, the program has expired and no
federal EPA tracking requirements are currently
in effect, although some states have medical
waste requirements.
RCRA and Its Relationship to Other
Environmental Statutes
RCRA is only one of several regulatory
programs in place to protect the environment.
The RCRA regulations work closely with other
environmental statutes such as the Clean Air Act
(CAA); Clean Water Act (CWA); the Emergency
Planning and Community Right-to-Know Act
(EPCRA); the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA); the Marine
Protection, Research, and Sanctuaries Act
(MPRSA); the Occupational Safety and Health
Act (OSHA); the Safe Drinking Water Act
(SDWA); and the Toxic Substances Control Act
(TSCA).
One statute in particular, the Comprehensive
Environmental Response, Compensation, and
Liability Act (CERCLA), or Superfund, is
closely tied to RCRA: both are designed to
protect human health and the environment from
the dangers of hazardous waste. While these
programs are similar, they do have different
regulatory focuses: RCRA regulates how wastes
should be managed to avoid potential threats to
human health and the environment; CERCLA
focuses on actual releases, or substantial threats
of a release in the environment of a hazardous
substance, pollutant, or contaminant, that present
an imminent and substantial threat to human
health.
Public Involvement in RCRA
RCRA contains extensive public participation
and involvement provisions to facilitate public
participation in the permitting, corrective action,
and state authorization processes.
EPA, consistent with the requirements of the
Administrative Procedures Act (APA),
proactively involves the public every time the
Agency issues a rulemaking that establishes or
changes regulatory provisions.
EPA is committed to equal protection of all
socioeconomic and racial groups in the
implementation and enforcement of the nation's
environmental laws. Consequently, RCRA seeks
to ensure that all segments of the population
have an equal opportunity to participate in the
regulatory process and equal access to
regulatory information.
Because the RCRA program as a whole is a
complex regulatory framework, EPA has
established several public outreach and
assistance mechanisms to foster public
involvement. These include access to
information through training grants; the
Freedom of Information Act (FOIA); EPA's
Office of Ombudsman; the EPA Docket Center;
the EPA Dockets (EDOCKET) Web site; and the
RCRA, Superfund & EPCRA Call Center.
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SECTION I
INTRODUCTION TO THE RESOURCE
CONSERVATION AND RECOVERY ACT
In this section...
ptOverview
I'RCRA: What It Is,
*f^LRegulations
^-jSuTdance and Policy,
— Solid Waste .......... ...... :....„
— Hazardous Waste . ...............
I — Underground Storage Tanks .
L Wio Is Involved in RCRA? ....... , .............. ....
ay
5'- Waste Minimization ...„
RCRA Regulation
C Federal/State Partnership .
gg-j Dernonstrating Results ......... . ....... .
iFOutljne of the Manual ................. ...
gymmary
1-1
I-2
1-2
i*-3
1-4
1-5
1-5
1-5
1-5
,1-5
1-6
'"?"
1-7
1-7
1-8
f:8
1-8
OVERVIEW
The Resource Conservation and Recovery Act
(RCRA), an amendment to the Solid Waste Disposal
Act, was enacted in 1976 to address the huge
volumes of municipal and industrial solid waste
generated nationwide.
Once, the amount of waste produced in the
United States was small and its impact on the
environment was viewed as relatively minor. Times
have changed. With the industrial revolution in the
late 1800s, the country began to experience
unparalleled growth. New products were developed,
and the consumer was offered an ever-expanding
array of material goods.
This growth continued through the early 20th
Century and accelerated after World War II when
the nation's industrial base, strengthened by war,
turned its energy toward domestic production. The
results of growth, however, were not all positive.
While the country produced more goods and
prospered economically, it also generated more
waste, both hazardous and nonhazardous. For
example, at the end of
World War II, U.S.
industry was generating
roughly 500,000 metric
tons of hazardous waste
per year. This amount
continued to increase
over the next 50 years. A
national survey conducted
by EPA in 1996 estimated
that 279 million metric tons of hazardous waste were
generated nationwide in 1995, more than a 500-fold
increase.
This phenomenal growth in waste production
was not mirrored by advancements in the field of
waste management. Much of the waste produced
entered the environment, where it often posed a
serious threat to ecological systems and public
health.
In the mid-1970s, it became clear to Congress
and the American people that action had to be taken
to ensure that wastes were managed properly. This
realization began the process that resulted in the
passage of RCRA. The goals set by RCRA are:
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Section I: Introduction to the Resource Conservation and Recovery Act
• To protect human health and the environment
from the hazards posed by waste disposal
• To conserve energy and natural resources
through waste recycling and recovery
• To reduce or eliminate, as expeditiously as
possible, the amount of waste generated,
including hazardous waste
• To ensure that wastes are managed in a manner
that is protective of human health and the
environment.
To achieve these goals, RCRA established three
distinct yet interrelated programs (see Figure 1-1).
RCRA Subtitle D, the solid waste program,
encourages states to develop comprehensive plans to
Figure 1-1: RCRA's Three Interrelated Programs
I
SUBTITLE D
I
Solid
Waste
Program
I
SUBTITLE C
I
Hazardous
Waste
Program
I
SUBTITLE I
I
Underground
Storage Tank
Program
manage nonhazardous industrial solid waste and
municipal solid waste, sets criteria for municipal
solid waste landfills (MSWLFs) and other solid
waste disposal facilities, and prohibits the open
dumping of solid waste. RCRA Subtitle C, the
hazardous waste program, establishes a system for
controlling hazardous waste from the time it is
generated until its ultimate disposal — in effect,
from cradle to grave. RCRA Subtitle I, the
underground storage tank (UST) program, regulates
underground tanks storing hazardous substances and
petroleum products.
Although RCRA creates the framework for the
proper management of hazardous and nonhazardous
solid waste, it does not address the problems of
hazardous waste found at inactive or abandoned
sites or those resulting from spills that require
emergency response. These problems are addressed
by a different act, the Comprehensive Environmental
Response, Compensation, and Liability Act
(CERCLA), commonly called Superfund, which was
enacted in 1980.
This section provides an overview of RCRA,
including the Act, regulations, guidance, and policy.
In addition, this section discusses the three major
programs that comprise RCRA and the
interrelationships between them. Finally, this
section details where RCRA is today* introduces
who is involved in RCRA, and outlines the
remainder of this manual.
RCRA: WHAT IT IS
Although RCRA is the acronym for the
Resource Conservation and Recovery Act, it is often
used interchangeably to refer to the law, the
regulations, and EPA policy and guidance. To avoid
confusion in this manual, the term "the Act" refers
to the public law and statutory requirements passed
by Congress. The term "regulations" is used
interchangeably with standards or regulatory
requirements, and means the rules developed by
EPA to implement the statute.
B The Act
The Act
provides, in broad
terms, general
guidelines for the
waste management
program envisioned
by Congress (e.g.,
EPA is directed to
THE ACT
-The law that describes the
kind of waste management
program that Congress wants
to establish. The Act also
provides the Administrator of
EPA (or his or her designee)
with the authority to
implement the program.
develop and
promulgate criteria for identifying hazardous waste).
The Act also provides the EPA Administrator (or his
or her representative) with the necessary authority to
develop these broad standards into specific
requirements for the regulated community.
What we commonly know as RCRA, or the Act,
is actually a combination of the first federal solid
waste statutes and all subsequent amendments (see
Figure 1-2). In 1965, Congress enacted the Solid
Waste Disposal Act, the first statute that specifically
focused on improving solid waste disposal methods.
The Solid Waste Disposal Act established economic
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Section I: Introduction to the Resource Conservation and Recovery Act
Figure 1-2: The Evolution
of Significant RCRA
Legislation
SOLID WASTE DISPOSAL
ACT OF 1965
RESOURCE
CONSERVATION AND
RECOVERY ACT OF 1976
HAZARDOUS AND SOLID
WASTE AMENDMENTS
OF 1984
FEDERAL FACILITIES
COMPLIANCE ACT OF 1992
LAND DISPOSAL PROGRAM
FLEXIBILITY ACT OF 1996
incentives for states to
develop planning,
training, research, and
demonstration
projects for the
management of solid
waste. The Act was
amended in 1976 by
RCRA, which
substantially
remodeled the
nation's solid waste
management system
and laid out the basic
framework of the
current hazardous
waste management
program.
The Act, which
has been amended
several times since
1976, continues to evolve as Congress alters it to
reflect changing waste management needs. The Act
was amended significantly on November 8, 1984, by
the Hazardous and Solid Waste Amendments
(HSWA), which expanded the scope and
requirements of RCRA. HSWA was created largely
in response to citizen concerns that existing methods
of hazardous waste disposal, particularly land
disposal, were not safe. Because of their
significance and differences in their implementation,
HSWA provisions are emphasized throughout this
manual. Congress also revised RCRA in 1992 by
passing the Federal Facility Compliance Act, which
strengthened the authority to enforce RCRA at
federal facilities. In addition, the Land Disposal
Program Flexibility Act of 1996 amended RCRA to
provide regulatory flexibility for the land disposal of
certain wastes.
Today, the Act consists of 10 subtitles (see
Figure 1-3). Subtitles A, B, E, F, G, H, and J outline
general provisions; authorities of the Administrator;
duties of the Secretary of Commerce; federal
responsibilities; miscellaneous provisions; research,
development, demonstration, and information
requirements; and medical waste tracking. Other
subtitles lay out the framework for the three major
programs that comprise RCRA Subtitle C (the
hazardous waste management program), Subtitle D
(the solid waste program), and Subtitle I (the UST
program).
The text of the Act can be found at
www.epa.gov/epahome/laws.htm.
Figure 1-3: Outline of the Act
Subtitle Provisions
A General Provisions
B Office of Solid Waste; Authorities of the
Administrator and Interagency Coordinating
Committee
C Hazardous Waste Management
D State or Regional Solid Waste Plans
E Duties of the Secretary of Commerce in Resource
and Recovery
F Federal Responsibilities
G Miscellaneous Provisions
H Research, Development, Demonstration, and
Information
I Regulation of Underground Storage Tanks
J Standards for the Tracking and Management
of Medical Waste
• Regulations
The Act includes a Congressional mandate
directing EPA to develop a comprehensive set of
regulations. Regulations, or rulemakings, are
issued by an agency, such as EPA, that translate the
general mandate of a statute into a set of
requirements for the Agency and the regulated
community.
Regulations are developed by EPA in an open
and public manner according to an established
process. When a regulation is formally proposed, it
is published in an official government document
called the Federal Register to notify the public of
EPA's intent to create new regulations or modify
existing ones. EPA provides the public, which
includes the potentially regulated community, with
an opportunity to submit comments. Following an
established comment period, EPA may revise the
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Section I: Introduction to the Resource Conservation and Recovery Act
proposed rule based on both an
internal review process and
public comments.
REGULATIONS
=: Legal mechanisms that
; establish standards or impose _;
^requirements as mandated by :
the Act. RCRA regulations are
promulgated by EPA, ";:
published in the Federal
-Register, and codified in the
: Code of Federal Regulations;-^
The final regulation is
published, or promulgated, in the
Federal Register. Included with
the regulation is discussion of the
Agency's rationale for the
regulatory approach, known as
preamble language. Final regulations are compiled
annually and incorporated in the Code of Federal
Regulations (CFR) according to a highly structured
format based on the topic of the regulation. This
latter process is called codification, and each CFR
title corresponds to a different
regulatory authority. For
example, EPA's regulations are
in Title 40 of the CFR. The
codified RCRA regulations can
be found in Title 40 of the
CFR, Parts 240-282. These
regulations are often cited as
40 CFR, with the part listed
afterward (e.g., 40 CFR Part
264), or the part and section (e.g., 40 CFR §264.10).
Although this relationship between an Act and
the regulations is the norm, the relationship between
HSWA and its regulations differs slightly. Congress,
through HSWA, not only provided EPA with a
general mandate to promulgate regulations, but also
placed explicit instructions in the Statute to develop
certain regulations. Many of these requirements are
so specific that EPA incorporated them directly into
the regulations. HSWA is all the more significant
because of the ambitious schedules that Congress
established for implementation of the Act's
provisions. Another unique aspect of HSWA is that
it established hammer provisions, or statutory
requirements that would go
into effect automatically (with
the force of regulations) if EPA
failed to issue regulations by
certain dates.
The interpretation of
statutory language does not
end with the codification of
regulations. EPA further
clarifies the requirements of the Act and
its regulations through guidance
documents and policy.
The RCRA regulations can be found
athww.epa.gov/docs/epacfr40/chapt-
I.info/subch-I.htm.
• Guidance and Policy
GUIDANCE = How To
Documents developed
and issued by EPA to
, pTovide instructions on
how to implement the
requirements of either
the Act or regulations.
Guidance documents are issued by EPA
primarily to provide direction for implementing and
complying with regulations. They are essentially
"how to" documents. For example, the regulations
in 40 CFR Part 270 detail what is required in a
permit application for a
hazardous waste
management facility,
while the guidance for this
Part suggests how to
evaluate a permit
application to ensure that
all information has been
included. Guidance
documents also elaborate
on the Agency's interpretation of the requirements of
the Act.
Policy statements, on the other hand, specify
operating procedures that should generally be
followed. They are mechanisms used by EPA
program offices to outline the manner in which the
RCRA program are implemented. For example,
EPA's Office of Solid Waste (OSW) may issue a
policy outlining what
actions should generally
be taken to achieve RCRA
corrective action cleanup
goals. In many cases,
policy statements are
addressed to the staff
working on
implementation, but they
may also be addressed to the regulated community.
v POLICY * Should Do
;jStaternents~deve|oped
by EPA outjining a
^.positionjan a topic or
^giving instructions on
,_,how a procedure
-should be conducted.
1-4
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Section I: Introduction to the Resource Conservation and Recovery Act
RCRA: HOW IT WORKS
The three programs established under RCRA —
solid waste, hazardous waste, and USTs — are
described in detail in the following chapters. To
provide an overall perspective of how RCRA works,
each of these programs and their interrelationships
are briefly summarized here. In this manual, the
Subtitle D (solid waste) program is discussed before
the Subtitle C (hazardous waste) program. Although
this is alphabetically out of order, the structure is
designed for better understanding by the reader.
• Subtitle D — Solid Waste
RCRA Subtitle D focuses on state and local
governments as the primary planning, regulating,
and implementing entities for the management of
nonhazardous solid waste, such as household
garbage and nonhazardous industrial solid waste.
EPA provides these state and local agencies with
information, guidance, policy and regulations
through workshops and publications to help states
and the regulated community make better decisions
in dealing with waste issues, to reap the
environmental and economic benefits of source
reduction and recycling of solid wastes, and to
require upgrading or closure of all environmentally
unsound disposal units. In order to promote the use
of safer units for solid waste disposal, EPA
developed federal criteria for the proper design and
operation of MSWLFs and other solid waste
disposal facilities. Many states have adopted these
criteria into their state solid waste programs.
• Subtitle C — Hazardous Waste
RCRA Subtitle C establishes a federal program
to manage hazardous wastes from cradle to grave.
The objective of the Subtitle C program is to ensure
that hazardous waste is handled in a manner that
protects human health and the environment. To this
end, there are Subtitle C regulations for the
generation, transportation, and treatment, storage, or
disposal of hazardous wastes. In practical terms, this
means regulating a large number of hazardous waste
handlers. As of 1999, EPA had on record 1,575
treatment, storage, and disposal facilities (TSDFs);
17,000 transporters; and about 20,000 large quantity
generators (LQGs).
The Subtitle C program has resulted in perhaps
the most comprehensive regulations EPA has ever
developed. The regulations first identify the criteria
to determine which solid wastes are hazardous, and
then establish various requirements for the three
categories of hazardous waste handlers: generators,
transporters, and TSDFs. In addition, the Subtitle C
regulations set technical standards for the design and
safe operation of TSDFs. These standards are
designed to minimize the release of hazardous waste
into the environment. Furthermore, the regulations
for TSDFs serve as the basis for developing and
issuing the permits required by the Act for each
facility. Permits are essential to making the Subtitle
C regulatory program work, since it is through the
permitting process that EPA or a state applies the
technical standards to TSDFs.
One of the primary differences between Subtitle
C and Subtitle D is the type of waste each regulates.
Subtitle C regulates only hazardous waste, a subset
of solid waste, whereas Subtitle D primarily
manages nonhazardous solid waste.
• Subtitle I — Underground Storage
Tanks
RCRA Subtitle I regulates underground storage
tanks (USTs) that contain petroleum or hazardous
substances (as defined under CERCLA). A major
objective of Subtitle I is to prevent and clean up
releases from tanks. Under Subtitle I, EPA has
developed performance standards for new tanks,
upgrading requirements for existing tanks, and
regulations to prevent, detect, and clean up releases
at all UST sites. State UST programs may be
approved to operate in lieu of the federal program.
WHO IS INVOLVED IN RCRA?
The RCRA program involves many people and
organizations, all with varying roles. Congress and
the President set overall national direction for the
RCRA program through amendments to the Act.
EPA, through its Office of Solid Waste and
Emergency Response (OSWER), translates this
1-5
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Section I: Introduction to the Resource Conservation and Recovery Act
direction into operating programs by developing
regulations, guidance, and policy.
Site-specific implementation of the RCRA
program is the responsibility of the EPA Regions and
states. All three RCRA programs — hazardous
waste, solid waste, and USTs — have mechanisms
through which states can exercise key program
responsibilities. Initial federal responsibilities vary
among the different programs.
Under Subtitle D, EPA established minimum
criteria for MSWLFs and required each state to gain
approval for their MSWLF permitting program
through an approval process which ensures that the
state's program meets minimum federal criteria.
Most of the Subtitle D solid waste program is
overseen by the states and compliance is assured
through state-issued permits.
State involvement in the Subtitle C program is
similar to involvement in the Subtitle D program.
Under Subtitle C, in the authorization process, EPA
reviews a state's hazardous waste program and, if it
is at least as stringent as the federal program, grants
the state authority to implement its own program in
lieu of the federal program. These states are known
as authorized states.
Under Subtitle I, EPA also allows state UST
programs to operate in lieu of the federal program
provided that a state's regulatory provisions are at
least as stringent as the federal provisions.
The regulated community that must understand
and comply with RCRA and its
regulations is a large, diverse
group. It includes not only
facilities typically thought of as
hazardous waste generators, such
as industrial manufacturers, but
also government agencies and
small businesses, such as a local
dry cleaner generating small
amounts of hazardous solvents,
or a gas station with underground
petroleum tanks.
Lastly, the general public
plays a key role in RCRA by
providing input and comments
during almost every stage of the program's
development and implementation, through
rulemaking participation and comments on TSDF
permits.
RCRA TODAY
When RCRA was first enacted in 1976, EPA was
faced with a huge implementation task. The bulk of
the activity during the first few years focused on
developing basic regulations for the management of
both hazardous and nonhazardous solid waste in
order to provide adequate protection of human
health and the environment. Although most of these
elementary standards are now in place, the RCRA
program has not remained stagnant. EPA continues
to measure and analyze the program's results to help
identify ways to make the RCRA program more
efficient and achieve better, more cost-effective
protection of public health and the environment.
• Waste Minimization
EPA has devoted much of its efforts in the past
to the treatment and cleanup of pollutants after they
are generated. In fact, great strides have been made
in environmental protection over the past 20 years.
EPA realizes, however, that there are environmental
and economic incentives to reducing or eliminating
waste before it is even generated. Consequently,
both the RCRA solid and hazardous waste programs
have adopted waste minimization elements. EPA
uses the term waste minimization to mean the
reduction, to the extent feasible,
of solid and hazardous waste.
Both programs emphasize source
reduction (reducing waste at its
source, before it is even
generated) and environmentally
sound recycling.
InthetextofHSWA,
Congress specifically declared
that the reduction or elimination
of hazardous waste generation at
the source should be a priority of
the RCRA hazardous waste
program. To encourage
hazardous waste minimization
1-6
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Section 1: Introduction to the Resource Conservation and Recovery Ac{
nationwide, EPA
developed the Waste
Minimization National
Plan, This initiative
promotes a long-term
national effort to
minimize the generation
of hazardous chemicals
in wastes. The goals of
the National Plan include:
- WASTE MINIMIZATION
Waste minimization is
the reduction, to the
extent feasible, of
hazardous waste
"generated prior to any
treatment, storage, or
disposal of the waste.
• Reducing the presence of the most persistent,
bioaccumulative, and toxic (PBT) chemicals in
hazardous wastes 50% by the year 2005
• Emphasizing source reduction and
environmental source recycling over treatment
and disposal
• Preventing transfers of chemical releases from
one medium (air, water, land) to another.
EPA has also developed strategies and priorities
for encouraging source reduction and recycling of
nonhazardous solid waste streams regulated by
RCRA Subtitle D. EPA envisions a flexible
integrated waste management hierarchy where
source reduction, recycling, waste combustion, and
landfilling all play a part in the successful
management of solid waste at the local level. Source
reduction and recycling are preferred approaches and
are at the top of the management hierarchy. Waste
combustion and landfilling are less emphasized. In
addition, to expand the use of recovered materials,
EPA has developed the procurement program, which
establishes guidelines recommending that federal
agencies purchase products containing recycled
materials.
• Streamlining RCRA Regulation
EPA is currently identifying options to reinvent
the RCRA program by streamlining compliance
requirements. EPA's reinvention philosophy
includes providing flexibility in how results are
achieved, sharing information and decision-making
with all stakeholders, creating incentives for
compliance with environmental requirements,
lessening the burden of complying with
environmental requirements, and seeking a better
interface with other environmental regulations.
EPA is also placing an increasing emphasis on
making the RCRA hazardous waste program more
risk-based and results-based (i.e., ensuring that the
regulations correspond to the level of risk posed by
the hazardous waste being regulated and that
technicalities will not interfere with the ultimate
goals for a site). This approach is particularly
valuable for the cleanup of contaminated sites.
Placing excessive regulation on sites whose
contamination poses low risks to human health and
the environment may create disincentives for
cleanup. Focusing regulations on risk and results
would allow states greater flexibility in detemiining
the appropriate way to clean up sites contaminated
with relatively small quantities of hazardous waste.
• Subtitle C Federal/State Partnership
RCRA, like most federal environmental
legislation, encourages states to develop theiir own
hazardous waste programs as an alternative to direct
implementation of the federal program. At the
inception of RCRA, Congress envisioned that a
successful national program would be put in place
through joint action of the federal and state
governments—EPA would set national goals and
standards based on the Agency's technical expertise,
and the states would be responsible for
implementing those policies.
Because EPA's hazardous waste regulations are
developed in stages, over time, the Agency has a
phased approach to approving state programs. Each
state must either adopt the new regulations or
upgrade those elements of its program that do not
meet federal standards. The authorization process is
often long and cumbersome. EPA has developed
streamlined procedures for these state revisions to
make the process quicker and more efficient. These
procedures help reduce the amount of resources
needed for preparing and processing authorization
applications and speed up state implementation of
additional parts of the RCRA program.
1-7
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Section I: Introduction to the Resource Conservation and Recovery Act
• Demonstrating Results
As important it is for EPA to develop protective
environmental goals, it is as important to determine
if these goals are actually being achieved.
Recognizing this, Congress enacted the Government
Performance and Results Act (GPRA) of 1993 to
provide for the establishment of strategic planning
and performance measurements throughout the
federal government. The intent of GPRA is to
improve public confidence in federal agencies by
holding agencies accountable for achieving program
results.
EPA adopted the GPRA framework by
developing an Agency-wide strategic plan that
encompasses all EPA offices and program areas.
The strategic plan contains several goals specific to
RCRA, such as preventing pollution, reducing risk
to humans and the environment, better waste
management, and restoration of contaminated waste
sites. As part of the requirements of GPRA, EPA
has also developed specific, quantifiable objectives
for each of these goals. Progress toward these target
objectives are measured and evaluated annually.
This framework ensures that EPA can evaluate the
success of its different programs and can
demonstrate tangible results to the general public.
OUTLINE OF THE MANUAL
The remainder of this manual details the three
RCRA programs briefly discussed in this
introduction. The manual also describes two other
components of RCRA: the federal procurement and
medical waste tracking programs. In addition, the
manual discusses the interrelationships between
RCRA's Subtitle C program and other
environmental statutes, as well as RCRA's public
participation provisions. To supplement this
technical description of the RCRA regulatory
program, the manual also contains appendices that
present important RCRA forms and paperwork
requirements, a glossary (for the reader's
convenience, the terms that appear in this glossary
have been bolded throughout the text), a list of
acronyms and abbreviations, an OSW organization
chart, useful environmental contacts, and a keyword
index.
SUMMARY
RCRA was passed in 1976, as an amendment to
the Solid Waste Disposal Act of 1965, to ensure that
solid wastes are managed in an environmentally
sound manner. The broad goals set by RCRA are:
• To protect human health and the environment
from the hazards posed by waste disposal
• To conserve energy and natural resources
through waste recycling and recovery
To reduce or eliminate, as expeditiously as
possible, the amount of waste generated,
including hazardous waste
• To ensure that wastes are managed in a manner
that is protective of human health and the
environment.
To achieve the goals, three distinct yet
interrelated programs exist under RCRA:
• Subtitle D — The solid waste program promotes
and encourages the environmentally sound
management of solid waste. It includes
minimum federal technical standards and
guidelines for state solid waste plans.
• Subtitle C - The hazardous waste program
establishes a management system that regulates
hazardous waste from the time it is generated
until its ultimate disposal, in effect, from cradle
to grave.
• Subtitle I - The UST program regulates
underground tanks that contain petroleum or
hazardous substances (as defined under
CERCLA).
There are several components of RCRA:
• Act - The law that describes the kind of waste
management program that Congress wants to
establish. The Act also provides the
Administrator of EPA (or his or her designee)
with the authority to implement the Act.
Regulations - The legal mechanism that
establishes standards or imposes requirements as
mandated by the Act. RCRA regulations are
1-8
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Section I: Introduction to the Resource Conservaf/on and Recovery A
-------
-------
SECTION II
MANAGING SOLID WASTE - RCRA SUBTITLE D
In this section...
Overview 11-1
Definition of Solid Waste II-2
Municipal Solid Waste II-2
- Source Reduction ,„ il-3
-„Recycling , "„."„ |RJ
-, Combustion .,,...., II-4
- Landfiiling ll-4
Criteria for Solid Waste Disposal Facilities II-5
- Criteria for Classification of Solid Waste
Disposal Facilities and Practices II-5
- Technical Criteria for Solid Waste Disposal
Facilities , II-5
- Technical Criteria for Municipal Solid Waste
- - Landfills , ._. , II-6
.-~ Conditionally Exempt Small Quantity
GeneratorWaste Dispjosa[Facilities II-7
- Bioreactor Landfills , II-8
" Assistance to Native American Tribes II-8
Solid Waste Management Initiatives II-9
- WasteWise ~... ~...~ il-9*,
- Jobs Through Recycling Program II-9
- Unit Pricing.....^™. "." '..". ll-io
__-"" Full Cost Accounting for Municipal Solid
Waste '„ '. 11-10
- Extended Product Responsibility., 11-10
- Green Buildings 11-10
- Industrial Ecology 11-11
Summary 11-11
Additional Resources 11-11
OVERVIEW
Since the 1960s, Americans have sought to
provide efficient and favorable methods of waste
management. Congress enacted the Solid Waste
Disposal Act of 1965 to address the growing
quantity of waste generated in the United States and
to ensure its proper management. Subsequent
amendments to the Solid Waste Disposal Act, such
as RCRA, have substantially increased the federal
government's involvement in solid waste
management.
During the 1980s, solid waste management
issues rose to new heights of public concern in
many areas of the United States because of
increasing solid waste generation, shrinking landfill
capacity, rising disposal costs, and public opposition
to the siting of new landfills. These solid waste
management challenges continue today, as many
communities are struggling to develop cost-
effective, environmentally protective solutions. The
growing amount of waste generated has made it
-^~ WHAT IS A SOLID WASTE?
—T--Garbage
Refuse
Sludges from waste treatment plants, water supply
treatment plants, or pollution control.facilities
^ Nonhazardous industrial wastes
Other discarded materials, including solid,
semisolid, liquid, or contained gaseous materials
. -. resulting from industrial, commercial, mining,
agricultural, and community activities.
1-1
-------
Sec/ton //: Managing Solid Waste - RCRA Subtitle D
increasingly important for solid waste management
officials to develop strategies to manage wastes
safely and cost-effectively.
RCRA Subtitle D encourages environmentally
sound solid waste management practices that
maximize the reuse of recoverable material and
foster resource recovery. Solid waste is
predominately regulated by state and local
governments. EPA has, however, promulgated some
regulations pertaining to solid waste, predominately
addressing how disposal facilities should be
designed and operated. EPA's primary role in solid
waste management includes setting national goals,
providing leadership and technical assistance, and
developing guidance and educational materials. The
Agency has played a major role in this program by
developing tools and information through policy and
guidance to empower local governments, business,
industry, federal agencies, and individuals to make
better decisions in dealing with solid waste issues.
The Agency's involvement is intended to create
incentives to motivate behavioral change hi .
reference to solid waste management through a
nonregulatory approach.
This section presents an outline of the Subtitle D
program. In doing so, it defines the terms solid
waste and municipal solid waste, and it describes the
role EPA plays in assisting waste officials in dealing
with solid waste management problems. The section
will provide an overview of the criteria that EPA has
developed for solid waste landfills, and will
introduce some Agency initiatives designed to
promote proper and efficient solid waste
management.
• Nonhazardous industrial wastes (e.g.,
manufacturing process wastewaters and
nonwastewater sludges and solids)
Other discarded materials, including solid,
semisolid, liquid, or contained gaseous materials
resulting from industrial, commercial, mining,
agricultural, and community activities (e.g.,
boiler slags).
The term solid waste is very broad, including not
only the traditional nonhazardous solid wastes, such
as municipal garbage, but also some hazardous
wastes. Hazardous waste, a subset of solid waste, is
regulated under RCRA Subtitle C. (Hazardous
waste is fully discussed in Section III.) RCRA
Subtitle D addresses solid wastes, including those
hazardous wastes that are excluded from the Subtitle
C regulations (e.g., household hazardous waste), and
hazardous waste generated by conditionally exempt
small quantity generators (CESQGs).
The definition of solid waste is not limited to
wastes that are physically solid. As noted above,
many solid wastes are liquid, while others are
semisolid or gaseous.
MUNICIPAL SOLID WASTE
Municipal solid waste is a subset of solid waste
and is defined as durable goods (e.g., appliances,
tires, batteries), nondurable goods (e.g., newspapers,
books, magazines), containers and packaging, food
wastes, yard trimmings, and miscellaneous organic
wastes from residential, commercial, and industrial
nonprocess sources (see Figure II-l).
DEFINITION OF SOLID WASTE
RCRA defines the term solid waste as:
• Garbage (e.g., milk cartons and coffee grounds)
• Refuse (e.g., metal scrap, wall board, and empty
containers)
• Sludges from waste treatment plants, water
supply treatment plants, or pollution control
facilities (e.g., scrubber slags)
Figure II-l: Products Generated in MSWby
Weight, 2000 (total weight - 232 million tons)
DurablQ goods 15.7%
36.3 million tons
Nondurable goods 27.5%
64 million tons
Food waste 11.2%
26 million tons
Yard Trimmings 12%
28 million tons
11-2
-------
Section II: Managing Solid Waste - RCRA Subtitle D
Municipal solid waste generation has grown
steadily over the past 35 years from 88 million tons
per year (2.7 pounds per person per day) in 1960, to
232 million tons per year (4.5 pounds per person per
day) in 2000. While generation of waste has grown
steadily, recycling has also greatly increased. In
1960, only about 7 percent of municipal solid waste
was recycled. By 2000, this figure had increased to
30 percent.
To address the increasing volumes of municipal
solid waste that are generated on a daily basis, EPA
recommends using an integrated, hierarchical
approach to waste management with four
components: source reduction, recycling,
combustion, and landfilling. The hierarchy favors
source reduction to reduce both the volume and
toxicity of waste and to increase the useful life of
manufactured products. Next preferred is recycling,
including composting of yard and food wastes,
because it diverts waste from combustion facilities
and landfills and has positive impacts on both the
environment and the economy. The goal of EPA's
approach is to use a combination of all these
methods to safely and effectively manage municipal
solid waste. EPA recommends that communities
tailor systems from the four components to meet
their individual needs, looking first to source
reduction, and second to recycling as preferences to
combustion and landfilling (see Figure II-2).
• Source
Reduction
produced when the products reach the end of their
useful lives. The ultimate goal of source reduction is
to decrease the amount and the toxicity of waste
generated. Businesses, households, and state and
local governments can all play an active role in
source reduction. Businesses can manufacture
products with packaging that is reduced in both
volume and toxicity. They can also reduce waste by
altering their business practices (e.g., reusing
packaging for shipping, making double-sided copies,
maintaining equipment to extend its useful life,
using reusable envelopes). Community residents
can help reduce waste by leaving grass clippings on
the lawn or composting them with other yard waste
in their backyards, instead of bagging such materials
for eventual disposal. Consumers play a crucial role
in an effective source reduction program by
purchasing products having reduced packaging or
that contain reduced amounts of toxic constituents.
This purchasing subsequently increases the demand
for products with these attributes. State and local
governments include source reduction in their long-
term planning for solid waste management in order
to ensure its effectiveness.
• Recycling
Municipal solid waste recycling refers to the
separation and collection of wastes, their subsequent
transformation or remanufacture into usable or
marketable products or materials, and the purchase
Rather than managing
waste after it is generated,
source reduction is
designed to change the
way products are made
and used in order to
minimize waste
generation. Source
reduction, also called
waste prevention, is
defined as the design,
manufacture, and use of
products in a way that
reduces the quantity and
toxicity of waste
Figure 11-2: The Solid Waste Management Hierarchy
INTEGRATED
SOLID WASTE
MANAGEMENT
SYSTEM
Source reduction, landfilling
waste management puzzle.
the system. • "
recycling, and combustion are all pieces of the solid
Source reduction and recycling are preferred elements of
11-3
-------
Section II: Managing Solid Waste - RCRA Subtitle D
of products made from recyclable materials. In
2000,30 percent (70 million tons), of the municipal
solid waste generated in the United States was
recycled (see Figure II-3). Solid waste recycling:
• Preserves raw materials and natural resources
• Reduces the amount of waste that requires
disposal
• Reduces energy use and associated pollution
Figure 11-3: Management ofMSWin the U.S., 2000
(total weight = 232 million tons)
Combustion 15%
34 million tons
Land disposal 55%
128 million tons
Recycling (including
composting) 30%
70 million tons
• Provides business and job opportunities
• Reduces greenhouse gas emissions
• Reduces pollution associated with use of virgin
materials.
Communities can offer a wide range of recycling
programs to their residents, such as drop-off centers,
curbside collection, and centralized composting of
yard and food wastes.
Composting processes are designed to optimize
the natural decomposition or decay of organic
matter, such as leaves and food. Compost, the end
product of composting, is a humus-like material that
can be added to soils to increase soil fertility,
aeration, and nutrient retention. Composting can
serve as a key component of municipal solid waste
recycling activities, considering that food and yard
wastes accounted for 23 percent of the total amount
of municipal solid waste generated in 2000. Some
communities are implementing large-scale
composting programs in an effort to conserve
landfill capacity.
The key to a successful recycling program is to
ensure that the recovered material is actually
reprocessed or remanufactured, and that the products
are bought and used by consumers. Recycling
programs will become more effective as markets
increase for products made from recycled material.
The federal government has developed several
initiatives in order to bolster the use of recycled
products. The federal procurement guidelines,
authorized by RCRA Subtitle F, are designed to
bolster the market for products manufactured from
recycled materials. The procurement program uses
government purchasing to spur recycling and
markets for recovered materials. (This program is
fully discussed in Section V.)
• Combustion
For centuries, burning has been a popular
method of reducing the volume of solid waste.
Before the Clean Air Act (CAA) of 1970 essentially
banned it, the burning of waste was rampant and
uncontrolled. While uncontrolled burning of solid
waste can be detrimental to health and the
environment, confined and controlled burning,
known as combustion, can not only decrease the
volume of solid waste destined for landfills, but can
also recover energy from the waste-burning process.
Modern waste-to-energy facilities use energy
recovered from the burning of solid waste to produce
steam and electricity. In 2000, combustion facilities
handled 15 percent (34 million tons) of the
municipal solid waste generated (see Figure II-3).
Used in conjunction with source reduction and
recycling, combustion can recover resources and
materials and greatly reduce the volume of wastes
entering landfills.
• Landfilling
Despite the effectiveness of source reduction,
recycling, and combustion, there will always be
waste that cannot be diverted from landfills. In fact,
landfilling of solid waste still remains the most
widely used waste management method as
11-4
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Section II: Managing Solid Waste - RCRA Subtitle D
Americans landfilled approximately 55 percent (128
million tons) of municipal solid waste in 2000 (see
Figure II-3). Many communities are having
difficulties siting new landfills largely as a result of
increased citizen and local government concerns
about the potential risks and aesthetics associated
with having a landfill in their neighborhoods. To
reduce risks to health and the environment, EPA
developed minimum criteria that solid waste
landfills must meet in order to alleviate some of the
concern raised over landfill siting and health
concerns.
CRITERIA FOR SOLID WASTE
DISPOSAL FACILITIES
One of the initial focuses of the Solid Waste
Disposal Act (as amended by RCRA) was to require
EPA to study the risks associated with solid waste
disposal and to develop management standards and
criteria for solid waste disposal units (including
landfills) in order to protect human health and the
environment. This study resulted in the
development of criteria for classifying solid waste
disposal facilities and practices.
• Criteria for Classification of Solid
Waste Disposal Facilities and
Practices
On September 13,1979, EPA promulgated
criteria to designate conditions under which solid
waste disposal facilities and practices would not
pose adverse effects to human health and the
environment (Part 257 Subpart A). Facilities failing
to satisfy the criteria were considered open dumps
requiring attention by state solid waste programs.
As a result, open dumps had to either be closed or
upgraded to meet the criteria for sanitary landfills.
States were also required to incorporate provisions
into their solid waste programs to prohibit the
establishment of new open dumps.
WHAT IS AN OPEN DUMP?
" An open dump is defined as a disposal facility that
does not comply with one or more of the Part 257 or
Part 258 Subtitle D criteria. Using the Part 257,
Subpart A criteria as a benchmark, each state
evaluated the solid waste disposal facilities within its
borders to determine which facilities were open dumps
"that needed to be closed or upgraded. For each open
dump, the state completed an Open Dump Inventory
Report form that was sent to the Bureau of the
Census. At the end of fiscal years 1981 through 1985,
the Bureau compiled all of the report forms and sent
; them to EPA, where they were summarized and
published annually.
• Technical Criteria for Solid Waste
Disposal Facilities
The Part 257, Subpart A regulatory criteria used
to classify solid waste disposal facilities and
practices consist of general environmental
performance standards. The criteria contain
provisions designed to ensure that wastes disposed
of in solid waste disposal units will not threaten
endangered species, surface water, ground water, or
flood plains. Further, owners and operators of
disposal units are required to implement public
health and safety precautions such as disease vector
(e.g., rodents, flies, mosquitoes) controls to prevent
the spread of disease and restrictions on the open
burning of solid waste. In addition, facilities are
required to install safety measures to control
explosive gases generated by the decomposition of
waste, minimize the number of birds attracted to the
waste disposed of in the unit, and restrict public
access to the facility. The criteria also restrict the
land spreading of wastes with high levels of
cadmium and polychlorinated biphenyls (PCBs) in
order to adequately protect ground water from these
dangerous contaminants.
I-5
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Section II: Managing Solid Waste - RCRA Subtitle D
These criteria serve as minimum technical
standards for solid waste disposal facilities. As a
result, facilities must meet the Part 257 standards to
ensure that ongoing waste management operations
adequately protect human health and the
environment. If they fail to do so, the facility is
classified as an open dump and must upgrade its
operations or close. States have the option of
developing standards more stringent than the Part
257, Subpart A criteria.
• Technical Criteria for Municipal Solid
Waste Landfills
Protection of human health and the environment
from the risks posed by solid waste disposal
facilities was an ongoing concern of Congress after
RCRA was passed hi 1976. As a result, HSWA
required EPA to report on the adequacy of existing
solid waste disposal facility criteria and gather
detailed data on the characteristics and quantities of
nonhazardous solid wastes.
Report to Congress on Solid Waste Disposal
In October 1988, EPA submitted a Report to
Congress indicating that the United States was
generating an increasing amount of municipal solid
waste. The Report revealed that approximately 160
million tons of municipal solid waste were generated
each year, 131 million tons of which were landfilled
in just over 6,500 MSWLFs. EPA also reported that
although these landfills used a wide variety of
environmental controls, they may pose significant
threats to ground water and surface water resources.
For instance, rain water percolating through the
landfills can dissolve harmful constituents in the
waste and can eventually seep into the ground,
potentially contaminating ground water. In addition,
improperly maintained landfills can pose other
health risks due to airborne contaminants, or the
threat of fire or explosion.
To address these environmental and health
concerns, and to standardize the technical
requirements for these landfills, EPA promulgated
revised minimum federal criteria in Part 258 for
MSWLFs on October 9, 1991. The criteria were
designed to ensure that MSWLFs receiving solid
waste would be protective of human health and the
environment. All landfills that were not MSWLFs
remained subject to the Part 257, Subpart A criteria.
Criteria for Municipal Solid Waste Landfills
A municipal solid waste landfill is defined as a
discrete area of land or excavation that receives
household waste. A MSWLF may also receive other
types of RCRA Subtitle D wastes, such as
commercial solid waste, nonhazardous sludge,
CESQG waste, and industrial nonhazardous solid
waste. In 2000, there were approximately 2,000
MSWLFs in the United States.
The revised criteria address seven major aspects
of MSWLFs (see Figure II-4):
• Location
• Operation
• Design
• Ground water monitoring
• Corrective action
• Closure and post-closure
• Financial assurance (i.e., responsibility).
Figure 11-4: Cross-Section of a Municipal Solid Waste Landfill
Ground Water
Monitoring Well
I
_H
Liner
Leachate Collection
System
Explosive Gas
Monitoring Well
11-6
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Section 11: Managing Solid Waste - RCRA Subfile D
The first set of criteria restrict where a MSWLF
may be located. New landfills must meet minimum
standards for placement in or near flood plains,
wetlands, fault areas, seismic impact zones, and
other unstable areas. Because some bird species are
attracted to landfills, the criteria also restrict the
placement of landfills near airports to reduce the bird
hazards (i.e., collisions between birds and aircraft
that may cause damage to the aircraft or injury to the
passengers).
The operating criteria establish daily operating
standards for running and maintaining a landfill.
The standards dictate sound management practices
that ensure protection of human health and the
environment. The provisions require covering the
landfill daily, controlling disease vectors, and
controlling explosive gases. They also prohibit the
open burning of solid waste and require the owner
and operator of the landfill to control unauthorized
access to the unit.
The design criteria require each new landfill to
have a liner consisting of a flexible membrane and a
minimum of two feet of compacted soil, as well as a
leachate collection system. Leachate is formed
when rain water filters through wastes placed in a
landfill. When this liquid conies in contact with
buried wastes, it leaches, or draws out, chemicals or
constituents from those wastes. States with
approved MSWLF permit programs can allow the
use of an alternative liner design that controls
ground water contamination. The liner and
collection system prevent the potentially harmful
leachate from contaminating the soil and ground
water below the landfill.
In order to ensure that the liner and leachate
collection system are working properly and that the
landfill is not contaminating surrounding ground
water resources, MSWLF owners and operators
must also establish a ground water monitoring
program. Through a series of monitoring wells, the
facility owner and operator is alerted if the landfill is
leaking and causing contamination. If contamination
is detected, the owner and operator of the landfill
must perform corrective action (i.e., clean up the
contamination caused by the landfill).
When landfills reach their capacity and can no
longer accept additional waste, the criteria stipulate
procedures for properly closing the facility to ensure
that the landfill does not present any danger to
human health and the environment in the future.
The closure activities at the end of a facility's use
are often expensive and the owner and operator must
have the ability to pay for them. As a result, the
criteria require each owner and operator to prove
that they have the financial resources to perform
these closure and post-closure activities, as well as
any necessary corrective action.
Most of the solid waste program is overseen by
the states, and compliance is assured through state-
issued permits. Each state is to obtain EPA approval
for their MSWLF permitting program. This
approval process assesses whether a state's program
is sufficient to ensure each landfill's compliance
with the criteria. In addition to the minimum federal
criteria, states may impose requirements that are
more stringent than the federal requirements.
• Conditionally Exempt Small Quantity
Generator Waste Disposal Facilities
Businesses that produce small amounts of
hazardous waste, known as conditionally exempt
small quantity generators, need not manage their
hazardous waste under the Subtitle C program. This
means that CESQG waste can be disposed of in solid
waste landfills. However, HSWA required EPA to
establish standards to ensure that CESQG waste
disposal in solid waste disposal units did not pose
threats to human health and the environment. As a
result, on July 1, 1996, EPA revised the Part 257,
Subpart B criteria to contain standards for
nonmunicipal, nonhazardous waste disposal units
that receive CESQG hazardous waste. These
revisions addressed location restrictions,
requirements for monitoring for ground water
contamination, and corrective action provisions to
clean up any contamination. (CESQGs are fully
discussed in Section III, Chapter 3.)
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Section II: Managing Solid Waste - RCRA Subtitle D
• Bioreactor Landfills
A bioreactor landfill operates to rapidly
transform and degrade organic waste. The increase
in waste degradation and stabilization is
accomplished through the addition of liquid and air
to enhance microbial processes. This bioreactor
concept differs from the traditional "dry tomb"
municipal landfill approach, thus, decomposition
and biological stabilization of the waste in a
bioreactor landfill can occur in a much shorter time
frame than occurs hi a traditional landfill providing a
potential decrease in long-term environmental risks
and landfill operating and post-closure costs. EPA is
currently collection information on the advantages
and disadvantages of bioreactor landfills through
case studies of existing landfills and additional data
so that EPA can identify specific bioreactor
standards or recommend operating parameters.
Additional information about bioreactor landfills
can be found at www.epa.gov/epaoswer/non-hw/
muncpl/landfill/bioreactors.htm.
ASSISTANCE TO NATIVE
AMERICAN TRIBES
EPA developed a municipal solid waste strategy
to assist Native American tribes in the establishment
of healthy, environmentally protective, integrated
solid waste management practices on tribal lands.
The strategy is based on input from tribal focus
groups convened by the National Tribal
Environmental Council and discussions with tribal
organizations, EPA Regional Indian Program
coordinators, other EPA offices, and other federal
agencies with trust responsibilities on Native
American lands. The strategy emphasizes building
tribal municipal solid waste management capacity,
developing tribal organizational infrastructure, and
building partnerships among tribes, states, and local
governments. Direct EPA support of these goals
includes technical assistance, grant funding,
education, and outreach.
Solid waste managers on Native American lands
face unique challenges. To address issues such as
jurisdiction, funding, and staffing, EPA offers
several resource guides featuring in-depth
information specific to Native American lands. The
Agency recognizes that every solid waste
management program needs funding to survive and
that, in an era of tightening budgets, it may be
difficult to find necessary resources. One of EPA's
ongoing priorities is to make current information
available to help tribes locate the funding they need
to develop and implement safe and effective solid
waste programs.
One such initiative is the Tribal Waste Journal.
The journal contains in-depth information on a
variety of solid and hazardous waste topics including
interviews with representatives from Native
American Tribes and Alaskan Native Villages. Each
issue focuses on a single topic and presents ideas,
approaches, and activities that other Native
American Tribes and Alaskan Native Villages have
successfully employed.
Additionally, EPA has initiated the Tribal Open
Dump Cleanup Project to assist tribes with closure
or upgrade of open dump sites. The project is part of
a Tribal Solid Waste Interagency Workgroup, which
is working to coordinate federal assistance for tribal
solid waste management programs. The cleanup
project's specific goals include assisting tribes with
1) completing and implementing comprehensive,
integrated waste management plans; 2) developing
realistic solid waste management alternatives; 3)
closing or upgrading existing open dumps; and 4)
developing post-closure programs.
Outreach and education materials are two other
tools EPA provides to tribes to support
environmentally sound integrated solid waste
management practices. The Agency's outreach
support helps tribes connect and learn, from each
other's experiences. Educational resources help
tribal leadership as well as the general tribal
community understand the importance of good
municipal solid waste management. Better
understanding ensures that tribal municipal solid
waste programs are assigned a high priority and
facilitates the communities' adoption of new and
improved waste disposal practices.
11-8
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Section II: Managing Solid Waste - RCRA Subtitle D
SOLID WASTE MANAGEMENT
INITIATIVES
With the bulk of the RCRA Subtitle D program
already in place, EPA launched several new
initiatives to further the development of the solid
waste management program. These initiatives
promote proper waste management, and encourage
source reduction by both industry and the public.
• WasteWise
Many companies,
institutions, and governments
have demonstrated that they
can save money by reducing
waste and recycling material
that would otherwise be disposed.
The WasteWise program is designed to assist
companies, states, local governments, Native
American tribes, and other institutions in developing
cost-effective practices to reduce municipal solid
waste. These partners set and acheive certain goals
within three areas: waste prevention, recycling
collection, and buying or manufacturing recycled
products. Participation offers the partners several
advantages. EPA provides technical assistance,
publications, and program updates. Successful
waste reduction efforts are highlighted in EPA
documents, magazines, and trade publications.
Participating organizations can also use the
WasteWise logo to promote their participation.
These benefits along with the direct financial
savings that result from waste prevention and
recycling activities are helping to improve waste
management and resource efficiency. In 1999,
partners eliminated over 9 million tons of materials
through waste prevention, continuing the upward
trend in waste reduction. Partners also recycled over
8.4 million tons in 1999, avoiding approximately
$300 million in disposal costs. Since the program's
inception in 1994, partners have reduced nearly 32
million tons of waste.
Additional information on the WasteWise
program is found at www.epa.gov/wastewise.
• Jobs Through Recycling Program
To support recycling markets, EPA launched the
Jobs Through Recycling program in 1994. The
goal of the program is to foster markets for recycled
goods by promoting and assisting the development
of businesses using recovered materials, creating
new recycling jobs, and spurring innovative
technologies. Under the program, EPA awards over
$1 million each year in grants to states and tribes.
Jobs Through Recycling funds programs that help
develop or retain intermediate processing and end-
use manufacturing capacity for recyclables and
reusable materials. Jobs Through Recycling
supports the development and strengthening of state,
multi-state, and tribal market development and
economic development programs. The activities
funded thus far include the creation of Recycling
Economic Development Advocates (REDAs),
Recycling and Reuse Business Assistance Centers
(RBACs), and commodity-specific demonstration
projects. RED As are staff in state or tribal economic
development agencies who pursue recycling
business growth, whereas RBACs are state full-
service centers providing business, technical, and
financing assistance to businesses using recovered
materials.
Jobs Through Recycling bolsters the job market
by actively promoting the recycling industry.
'Recycling is estimated to create nearly five times as
many jobs as landfilling. One 1994 study reported
that 103,000 jobs, or 2.7 percent of all
manufacturing jobs in the Northeast region of the
United States, are attributed to recycling. In
addition, the jobs created by recycling businesses
draw from the full spectrum of the labor market
(ranging from low- and semi-skilled jobs to highly
skilled jobs). Materials sorters, dispatchers, truck
drivers, brokers, sales representatives, process
engineers, and chemists are just some of the jobs
needed in the recycling industry.
Since Jobs Through Recycling's inception in
1994, $8 million in funding has been awarded to
numerous states, tribes, and multistate organizations.
This funding has helped create more than 8,500 jobs,
generate $640.5 million in capital investment, create
15.3 million tons of landfill capacity, and utilize 13.9
million tons of recovered materials. One job has
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Section II: Managing Solid Waste - RCRA Subtitle D
been created for every $1,040 of Jobs Through
Recycling grant money invested.
Additional information about Jobs through
Recycling is available at www.epa.gov/jtr.
• Unit Pricing
Some communities are using economic
incentives to encourage the public to reduce solid
waste sent to landfills. One of the most successful
economic incentive programs used to achieve source
reduction and recycling is variable rate refuse
collection, or unit pricing. Unit pricing programs,
sometimes referred to as pay-as-you-throw systems,
have one primary goal: customers who dispose of
more waste pay more for the collection and disposal
service. There are a few different types of unit
pricing systems. Most require residents to pay a per-
bag fee for refuse collection, and require the
purchase of a special bag or tag to place on bags or
cans. Other systems allow customers to choose
between different size containers, and charge more
for collection of larger containers. EPA's role in the
further development of unit pricing systems has been
to study effective systems in use and to disseminate
documentation to inform other communities about
the environmental and economic benefits that unit
pricing may have for their community. The number
of communities using unit pricing grew to more than
4,033 in 1999 and the population served has more
than tripled since 1990 to over 35 million today.
Additional information about unit pricing or
pay-as-you-throw programs is available at
www.epa.gov/payt.
• Full Cost Accounting for Municipal
Solid Waste
Full cost accounting is an additional financial
management tool that communities can use to
improve solid waste management. Full cost
accounting is an accounting approach that helps
local governments identify all direct and indirect
costs, as well as the past and future costs, of a MSW
management program. Full cost accounting helps
solid waste managers account for all monetary costs
of resources used or committed, thereby providing
the complete picture of solid waste management
costs on an ongoing basis. Full cost accounting can
help managers identify high-cost activities and
operations and seek ways to make them more cost-
effective.
EPA is continually studying these and other
programs in order to assist communities in deciding
whether one of these programs is right for them. In
addition to these initiatives, EPA has published
numerous guidance documents designed to educate
both industry and the public on the benefits of
source reduction, to guide communities in
developing recycling programs, and to educate
students on the benefits and elements of source
reduction and recycling.
Additional information about full cost
accounting can be found at www.epa.gov/fullcost.
• Extended Product Responsibility
Extended product responsibility, also known
as product stewardship, is a product-centered
approach to environmental protection. This
approach recognizes that lasting and substantial
environmental improvements in product systems can
only occur with the combined expertise, ingenuity,
cooperation, and commitment of each individual
involved in the product chain, from suppliers,
designers, manufacturers, and distributors, to
retailers, customers, recyclers, remanufacturers, and
disposers. Product manufacturers have the greatest
ability, and therefore must take on new
responsibilities to reduce the environmental impacts
of their products. Reducing use of toxic substances
and designing for reuse and recyclability are just a
few ways for companies to rethink their products in
order to provide more value at less environmental
impact.
Additional information about extended product
responsibility is available at www.epa.gov/epaoswer/
non-hw/reduce/epr/index.htm.
• Green Building
Buildings that are designed, constructed,
operated, and ultimately removed in such a way as to
11-10
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Section II: Managing Solid Waste - RCRA Subtitle D
minimize their environmental impacts are referred to
as "green" buildings. Green buildings are
characterized by improved energy and water
efficiency, use of renewable sources of energy,
improved indoor air quality, and efficient use of
building materials. EPA supports projects to reduce,
reuse, and recycle waste generated from building
construction, renovation, deconstruction, and
demolition. Construction and demolition wastes
commonly include building materials, and products
such as concrete, asphalt, wood, glass, brick, metal,
insulation, and furniture. From incorporating used
or environmentally friendly materials into a
building's construction or renovation to
disassembling structures for the reuse and recycling
of their components, each phase of a building's life
cycle offers opportunities to reduce waste.
Additional information about green buildings is
available at www.epa.gov/greenbuilding.
• Industrial Ecology
The study of material and energy flows and their
transformations into products, byproducts, and waste
throughout industrial and ecological systems is the
primary concept of industrial ecology. This
initiative urges industry to seek opportunities for the
continual reuse and recycling of materials through a
system in which processes are designed to consume
only available waste streams and to produce only
usable waste. Wastes from producers and consumers
become input for other producers and consumers,
and resources are cycled through the system to
sustain future generations. Individual processes and
products become part of a n interconnected
industrial system in which new products or
processes evolve out of or consume available waste
streams, water, and energy; in turn, processes are
developed to produce usable resources.
SUMMARY
Subtitle D addresses primarily nonhazardous
solid waste. The term solid waste includes garbage,
refuse, sludges, nonhazardous industrial wastes, and
other discarded materials. Solid waste also includes
hazardous wastes that are excluded from Subtitle C
regulation (e.g., household hazardous waste).
Municipal solid waste, a subset of solid waste, is
waste generated by businesses and households. EPA
recommends an integrated, hierarchical approach to
managing municipal solid waste that includes, in
descending order of preference:
• Source reduction
• Recycling
• Combustion
• Landfilling.
As part of Subtitle D, EPA has developed
detailed technical criteria for solid waste disposal
facilities, including specific criteria for MSWLFs.
These criteria include specific provisions for
MSWLF:
• Location
• Operation
• Design
Ground water monitoring
• Corrective action
• Closure and post-closure
• Financial assurance (i.e., responsibility).
EPA has helped develop and implement new
initiatives and programs that aid businesses, states,
local governments, and Native American tribes in
implementing effective solid waste management
programs. Focusing particularly on the
environmental and economic benefits of source
reduction and recycling, EPA fosters integrated solid
waste management in communities and businesses.
These initiatives include:
• WasteWi$e
• Jobs Through Recycling program
• Unit pricing
• Full cost accounting
• Extended product responsibility
• Green buildings
• Industrial ecology.
ADDITIONAL RESOURCES
Additional information about municipal
solid waste management can be found at
www.epa.gov/msw.
11-11
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SECTION III
RCRA SUBTITLE C -
MANAGING HAZARDOUS WASTE
In this section...
/ - „*- -, \ -, | Some threats posed by the mismanagement of
hazardous waste are obvious. Reports of chemical
•" ~ _ -, accidents or spills of hazardous waste that close
^Overview ..^...j.,. 111-1 highways, or illegal midnight dumping that
jgSJsapterl: Hazardous VVaste Identification.. 111-3 [ contaminates property, are familiar. Yet, even when
^ Chapter 2: Hazardousltfaste Recycling and hazardous waste is managed or disposed of in a
f' • _ - Universal Wastes ,.,...,. 111-29 * careful manner, it may still pose a serious threat to
:»Chapter 3: Regulations Governing * " human health and the environment. For example,
Hazardous Wasi§.Generatprs .... 111-39 ^ toxic hazardous wastes can leak from a poorly
it Chapter 4; Regulations Governing constructed or improperly maintained hazardous
,-,-S»: „, Hazardous Waste Transporters .. 111-49 waste landfill. Such waste contamination can
,4 Chapter 5: Regulations Governing Treatment, severely, and sometimes irreversibly, pollute ground
pi If ,,J-_- Storage, and Disposal water, the primary source of drinking water for half
§7* ~, „. F?ci|ffigf."•;•:•" "••»..;-;-v J11'53 the nation.
^Chapters: Land Disposal Restrictions 111-89
:" Chapter 7: Hazardous Waste Combustion ... 111-99 * Ground water pollution is not the only problem
^Chapter 8: Permitting of Treatment, Storage " posed by hazardous waste mismanagement. The
2"-*" ' and Disposaf Facilities", 111-109 improper disposal of hazardous waste has polluted
"- Chapter 9: Corrective Action to Clean Up streams, rivers, lakes, and other surface waters,
~-i-i Hazardous Waste ~, killing aquatic life, destroying wildlife, and stripping
„. ,, .contamination ~. lfl-121 areas of vegetation. In other cases, careless waste
Chapter 10: Enforcement of Hazardous Waste ' * disposal has been linked to respiratory illnesses, skin
• ^ Regulations , '. 111-127 diseases (including skin cancer), and elevated levels
'' Chapter 11: Authorizing States to Implement of toxic materials in the blood and tissue of humans
RCRA '....,.. '.'....' 111-137 and domestic livestock. In still other cases, the
, ' • mismanagement of hazardous waste has resulted in
-- - fires, explosions, or the generation of toxic gases
that have killed or seriously injured workers and
OVERVIEW firefighters.
The improper management of hazardous waste
poses a serious threat to the health of American
citizens and their environment. When EPA began
developing the hazardous waste management
regulations in the late 1970s, the Agency estimated
that only 10 percent of all hazardous waste was
managed in an environmentally sound manner.
Since 1980, under RCRA Subtitle C, EPA has
developed a comprehensive program to ensure that
hazardous waste is managed safely: from the
moment it is generated; while it is transported,
treated, or stored; until the moment it is finally
disposed (see Figure III-l). This cradle-to-grave
management system establishes requirements for
each of the following:
1-1
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Section III: Managing Hazardous Waste - RCRA Subtitle C
Hazardous Waste Identification — To facilitate
the proper identification and classification of
hazardous waste, RCRA begins with hazardous
waste identification procedures.
Hazardous Waste Recycling and Universal
Wastes — To provide for the safe recycling of
hazardous wastes, and facilitate the management
of commonly recycled materials, RCRA
includes provisions for hazardous waste
recycling and universal wastes.
Hazardous Waste Generators — To ensure
proper and safe waste management, the RCRA
regulations provide management standards for
those facilities that produce hazardous waste,
and provide reduced regulations for facilities
that produce less waste.
Hazardous Waste Transporters — To govern the
transport of hazardous waste between
management facilities, RCRA regulates
hazardous waste transporters.
Treatment, Storage, and Disposal Facilities —
To fully protect human health and the
environment from hazardous waste treatment,
storage, and disposal, the TSDF requirements
establish generic facility management standards,
specific provisions governing hazardous waste
management units, and additional precautions
designed to protect soil, ground water, and air
resources.
Land Disposal Restrictions (LDR) — To reduce
the hazards posed by permanently land disposed
waste, this program requires effective and
expeditious hazardous waste treatment.
• Combustion — To minimize the hazards posed
by the burning of hazardous waste, RCRA
imposes strict standards on units conducting
such combustion.
• Permitting — To ensure that only facilities
meeting the TSDF standards are treating,
storing, and disposing of hazardous waste, and
to provide each TSDF facility with a record of
the specific requirements applicable to each part
of its operation, RCRA requires owners and
operators of these facilities to obtain a permit.
Corrective Action — Since hazardous waste
management may result in spills or releases into
the environment, the corrective action program
is designed to guide the cleanup of any
contaminated air, ground water, or soil resulting
from such management.
• Enforcement — To ensure that RCRA-regulated
facilities, from generators to TSDFs, comply
with these regulations, RCRA provides EPA
with the authority to enforce provisions of the
Act.
• State Authorization — To empower states and
make enforcement more efficient, RCRA also
allows EPA to authorize state governments to
administer various parts of the RCRA program.
Each of these aspects of the RCRA Subtitle C
program is carefully detailed in separate chapters in
this section.
Figure 111-1: RCRA's Cradle-to-Grave Hazardous Waste Management System
Hazardous Waste
Generation
Hazardous Waste
Transportation
III-2
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CHAPTER 1
HAZARDOUS WASTE IDENTIFICATION
this chapter...
OVERVIEW
j^ , „_ , -v- - , "- -5—^ What is a hazardous waste? Simply defined, a
~ Overview ................................... . .................... ... 111-3 hazardous waste is a waste with properties that
^Hazardous Waste Identification Process .......... 111-4 make it dangerous or capable of having a harmful
- Is the Material a Solid Waste? .. ............... r ....... 111-4 ~ effect on human health or the environment.
^ -- Recycled Materials ........... ...... ....................... 111-5 Unfortunately, in order to develop a regulatory
?'- Secondary Materials ..................................... 111-7 framework capable of ensuring adequate protection,
*f^Sham Recyclin9 "-;r:">" ..... *-"••• ............... i" 'U~9 , this simple narrative definition is not enough.
" " !? th? Waste Excluded? ............. •; .............. "•;•••• 1'1'9 Determining what is a hazardous waste is
,tf>^Solid Waste Exclusions .......... .', ........... .....'..... 111-10 paramount, because only those wastes that have
fll- Hazardous Waste Exemptions ... ......... .T ........ 111-13 f specific attributes are subject to Subtitle C
' - Raw Material, Product Storage, and Process regulation.
«=^Unit Waste Exclusions .................................. 111-16
""-"Sample and Treatability Study Exemptions ... 111-16 Making this determination is a complex task
t5- Qredge Materials Exclusion .......................... 111-16 * which is a central component of the hazardous
t Is the Waste a Listed Hazardous Waste? ......... 111-17 waste management regulations. Hazardous waste is
M|te^ * ^r ^ ^ ~ -< > ^ ±" * ~i ll_tf -I
Sirs. Listing Criteria ......... , ....... '.'. ............ , .............. lll-17 " generated from many sources, ranging from
*,•"- Hazardous Waste Listingst. ....... ". ................... 111-17 ~ industrial manufacturing process wastes, to
^s^vVaste Listed Solely"fqr'6xTiibitihglhe ^ _ batteries, to fluorescent light bulbs. Hazardous
<£i~ Characteristic of Ignitability, Corrosivity, waste may come in many forms, including liquids,
^ ^and/or Radioactivity ............... ....... ......... ...„„. 111-21 solids, gases, and sludges. To cover this wide range,
I ;t Delistings ..................... . ...................... , .......... 111-21 EPA has developed a system to identify specific
I Is the Waste~ a Characteristic Hazardous ,* "*~" substances known to be hazardous and provide
jSLWaste? ............................ .....^ ............. "—•-•••• 4i'"2^ objective criteria for including other materials in
^Ignitability .............................. ...... .................. III-22 this universe. The regulations contain guidelines for
f^p'or/osivity .............. ...... ................................. IH-22 determining what exactly is a waste (called a solid
T, -, Reactivity [[[ ,. III-23 waste) and what is excluded from the hazardous
apT- Jioxicity ............ . ....... ,. ..... ...,.r..."....:...r. ............ lli-23 ^ waste regulations, even though it otherwise is a
f -Special Regulatory Conventions ...................... IIJ-24 * solid and hazardous waste. Finally, to promote
* - MjxtureRule ...... . ...... ... ....... U..^.T.......S ....... „. !H-24^ a recycling and the reduction of the amount of waste
"• -. berived-From Rule .., ..................................... III-25" " entering the RCRA system, EPA provides
lJ"(lonta'ned"ln Policv .............. : ........................ ii1"26 , exemptions for certain wastes when they are
£ Mixed Waste ............. .....". ......... '.....;....„....:. ...... 111-27 _ ^ recycled in certain ways.
Summary .......... . ................................ . .............. 111-27. „
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Section III: Managing Hazardous Waste - RCRA Subtitle C
This chapter introduces the hazardous waste
identification process, describes how to determine if
a waste is a solid waste, and provides the regulatory
definition for hazardous waste. It also discusses
those wastes specifically excluded from Subtitle C
regulation, and those wastes exempted when
recycled.
HAZARDOUS WASTE
IDENTIFICATION PROCESS
Proper hazardous waste identification is
essential to the success of the RCRA program. This
identification process can be a very complex task.
Therefore, it is best to approach the issue by asking a
series of questions in a step-wise manner (see Figure
IH-2). If facility owners and operators answer the
following questions, they can determine if they are
producing a hazardous waste:
1. Is the material in question a solid waste?
2. Is the material excluded from the definition of
solid waste or hazardous waste?
3. Is the waste a listed or characteristic hazardous
waste?
4. Is the waste delisted?
This chapter will examine these key questions.
IS THE MATERIAL A SOLID
WASTE?
The Subtitle C program uses the term solid
waste to denote something that is a waste. In order
for a material to be classified as a hazardous waste,
it must first be a solid waste. Therefore, the first
step in the hazardous waste identification process is
determining if a material is a solid waste.
The statutory definition points out that whether a
material is a solid waste is not based on the physical
form of the material (i.e., whether or not it is a solid
as opposed to a liquid or gas), but rather that the
material is a waste. The regulations further define
solid waste as any material that is discarded by
being either abandoned, inherently waste-like, a
certain military munition, or recycled (see Figure III-
3).
Figure IH-2: Hazardous Waste Identification Process
1. Is material a
solid waste?
I Yes
2. Is waste excluded from
the definition of solid or
hazardous waste?
3. Is waste a listed or characteristic
hazardous waste?
I Yes
4. Is waste delisted?
MATERIAL IS NOT |
SUBJECT TO
RGRASUBTITLED |
REGULATION
WASTE IS SUBJECtljQ RCRA:
: SUBTITLE c REGULATION:-:•
III-4
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Chapter 1: Hazardous Waste Identification
Abandoned — The term abandoned simply
means thrown away. A material is abandoned if
it is disposed of, burned, or incinerated.
Inherently Waste-Like — Some materials pose
such a threat to human health and the
environment that they are always considered
solid wastes; these materials are considered to be
inherently waste-like. Examples of inherently
waste-like materials include certain dioxin-
containing wastes.
Military Munition — Military munitions are all
ammunition products and components produced
for or used by the U.S. Department of Defense
(DOD) or U.S. Armed Services for national
defense and security. Unused or defective
munitions are solid wastes when abandoned (i.e.,
disposed of, burned, incinerated) or treated prior
to disposal; rendered nonrecyclable or
nonuseable through deterioration; or declared a
waste by an authorized military official. Used
(i.e., fired or detonated) munitions may also be
solid wastes if collected for storage, recycling,
treatment, or disposal.
Recycled — A material is recycled if it is used
or reused (e.g., as an ingredient in a process),
reclaimed, or used in certain ways (used in a
manner constituting disposal, burned for energy
recovery, or accumulated speculatively).
(Recycled materials are fully discussed in
Section III, Chapter 2.)
• Recycled Materials
Materials that are recycled are a special subset
of the solid waste universe. When recycled, some
materials are not solid wastes, and therefore, not
hazardous wastes, while others are solid and
hazardous waste, but are subject to less-stringent
regulatory controls. The level of regulation that
applies to recycled materials depends on the material
and the type of recycling (see Figure
III-4). Because some types of recycling pose threats
to human health and the environment, RCRA does
not exempt all recycled materials from the definition
of solid waste. As a result, the manner in which a
material is recycled will determine whether or not
the material is a solid waste, and therefore
potentially regulated as a hazardous waste. In order
to encourage waste recycling, RCRA exempts three
types of wastes from the definition of solid waste:
Wastes Used as an Ingredient — If a material is
directly used as an ingredient in a production
process without first being reclaimed, then that
material is not a solid waste.
• Wastes Used as a Product Substitute — If a
material is directly used as an effective
substitute for a commercial product (without
Figure 111-3: Is It a Solid Waste?
Is material discarded by being either:
1) Abandoned;
2) Inherently waste-like;
3) A discarded military munition; or
4) Recycled?
^MATERIAL IS NOT A
SOLID WASTE AND IS
NOT SUBJECT TO
RCRA SUBTITLE C
REGULATION
I Yes
MATERIAL IS A SOLID WASTE!
AND MAY BE A HAZARDOUS
WASTE SUBJECT TO RCRA
SUBTITLE C REGULATION
III-5
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Section III: Managing Hazardous Waste - RCRA Subtitle C
first being reclaimed), it is exempt from the
definition of solid waste.
• Wastes Returned to the Production Process —
When a material is returned directly to the
production process (without first being
reclaimed) for use as a feedstock or raw
material, it is not a solid waste.
Conversely, materials are solid wastes, and are
not exempt, if they are recycled in certain ways. If
these materials are used in a manner constituting
disposal; burned for energy recovery, used to
produce a fuel, or contained in fuels; accumulated
speculatively; or are dioxin-containing wastes
considered inherently waste-like; then they are
defined as solid wastes.
• Used in a Manner Constituting Disposal — Use
constituting disposal is the direct placement of
wastes or products containing wastes (e.g.,
asphalt with petroleum-refining wastes as an
ingredient) on the land.
Burned for Energy Recovery, Used to Produce a
Fuel, or Contained in Fuels — Burning
hazardous waste for fuel (e.g., burning for
energy recovery) and using wastes to produce
fuels are regulated activities. Conversely,
commercial products intended to be burned as
fuels are not considered solid wastes. For
example, off-specification jet fuel (e.g., a fuel
with minor chemical impurities) is not a solid
waste when it is burned for energy recovery,
because it is itself a fuel.
Accumulated Speculatively — In order to
encourage recycling of wastes as well as ensure
that materials are actually recycled, and not
simply stored to avoid regulation, EPA
Figure 111-4: Are All Recycled Wastes Hazardous Wastes?
Is waste recycled by being:
1) Used as an ingredient;
2) Used as a product substitute; or
3) Returned to the production process?
1) Used in a manner constituting disposal;
2) Burned for energy recovery, used to
produce a fuel, or contained in fuels;
3) Accumulated speculatively; or
4) A dioxin-containing waste considered
inherently waste-like?
Yes
WASTE IS%:;SOLID WASTE
No
mu&m
WASTE IS NOT A SOLID WASTE
1
Facility must determine if waste is a:
1) Spent material;
2) Sludge;
3) By-product;
4) Commercial chemical product; or
5) Scrap metal
III-6
-------
Chapter 1: Hazardous Waste Identification
established a provision to encourage facilities to
recycle sufficient amounts in a timely manner.
This provision designates as solid wastes those
materials that are accumulated speculatively. A
material is accumulated speculatively (e.g.,
stored in lieu of expeditious recycling) if it has
no viable market or if the person accumulating
the material cannot demonstrate that at least 75
percent of the material is recycled in a calendar
year, commencing on January 1 (see Figure
III-5).
• Dioxin-Containing Wastes Considered
Inherently Waste-Like — Dioxin-containing
wastes are considered inherently waste-like
because they pose significant threats to human
health and the environment if released or
mismanaged. As a result, RCRA does not
exempt such wastes from the definition of solid
waste even if they are recycled through direct
use or reuse without prior reclamation. This is
to ensure that such wastes are subject to the most
protective regulatory controls.
• Secondary Materials
Not all materials can be directly used or reused
without reclamation. A material is reclaimed if it is
processed to recover a usable product (e.g., smelting
a waste to recover valuable metal constituents), or if
it is regenerated through processing to remove
contaminants in a way that restores them to their
useable condition (e.g., distilling dirty spent solvents
to produce clean solvents). If secondary materials
are reclaimed before use, their regulatory status
depends on the type of material. For this solid waste
determination process, EPA groups all materials into
five categories. These secondary materials consist
of spent materials, sludges, by-products, commercial
chemical products (CCPs), and scrap metal.
Spent Materials
Spent materials are materials that have been
used and can no longer serve the purpose for which
they were produced without processing. For
example, a solvent used to degrease metal parts will
eventually become contaminated such that it cannot
be used as a solvent until it is regenerated. If a spent
material must be reclaimed, it is a solid waste and is
subject to hazardous waste regulation. Spent
materials are also regulated as solid wastes when
used in a manner constituting disposal; burned for
energy recovery, used to produce a fuel, or contained
in fuels; or accumulated speculatively (see Figure
III-6).
Figure 111-5: Materials Accumulated Speculatively
iso ' January 2001 *• * ~ , T-L
1 ^
*\
15 1^
22 23
29 1 30
3
10
17
\4
31\
4
11
18
25
V-
5
12
19
26
1 —
6
13
20
27
7 '.
14 ',
I
21 -.
28 -.
'' '' "' \ '' '=*=*
, ". DecembeiqiZQQI T,
1
a
15
22
29
2
9
16
23
30
3
10
17
24
31
4
11
18
25
J
5
12
19
26
6
13
20
27
7
14 .
I
21
28
200 Ibs. of recyclable material in
storage
J
150 Ibs. of the same recyclable
material still in storage
On January 1, 2001, a facility has 200 Ibs. of a material that it wants to re-insert directly into its production process. Such a
material is technically exempt from the definition of solid waste because it is being recycled through direct reuse without prior
reclamation. However, by the end of the calendar year (December 31, 2001), less than 75 percent (i.e., less than 150 Ibs.) of the
material has been reclaimed or sent off site for reclamation. Therefore, the material has been speculatively accumulated and is
no longer exempt from the definition of solid waste. The material may then be regulated as a hazardous waste.
II-7
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Section HI: Managing Hazardous Waste - RCRA Subtitle C
Sludges
Sludges are any solid, semisolid, or liquid
wastes generated from a wastewater treatment plant,
water supply treatment plant, or air pollution control
device (e.g., filters, baghouse dust). Sludges from
specific industrial processes or sources (known as
listed sludges) are solid wastes when reclaimed;
used in a manner constituting disposal; burned for
energy recovery, used to produce a fuel, or contained
in fuels; or accumulated speculatively. On the other
hand, characteristic sludges (which are sludges that
exhibit certain physical or chemical properties) are
not solid wastes when reclaimed, unless they are
used in a manner constituting disposal; burned for
energy recovery, used to produce a fuel, or contained
in fuels; or accumulated speculatively (see Figure
III-6). (Listings and characteristics are fully
discussed later in this chapter.)
By-Products
By-products are materials that are not one of
the intended products of a production process. An
example is the sediment remaining at the bottom of a
distillation column. By-product is a catch-all term
and includes most wastes that are not spent materials
or sludges. Listed by-products are solid wastes
when reclaimed; used in a manner constituting
disposal; burned for energy recovery, used to
produce a fuel, or contained in fuels; or accumulated
speculatively. On the other hand, characteristic by-
products are not solid wastes when reclaimed, unless
they are used in a manner constituting disposal;
burned for energy recovery, used to produce a fuel,
or contained in fuels; or accumulated speculatively
(see Figure III-6).
Figure 111-6: Regulatory Status of Secondary Materials
These materials are solid wastes when...
Spent Materials
Listed Sludges
Characteristic Sludges
Listed By-products
Characteristic By-products
Commercial Chemical Products
Scrap Metal
Reclaimed
V
V
V
V
Used in a manner
constituting
disposal
V
A/
V
V
V
V*
V
Burned for energy
recovery, used to produce
a fuel, or contained in fuels
V
V
V
V
V
V*
V
Accumulated
speculatively
V
V
V
V
V
V
* If such management is consistent with the product's normal use, then commercial chemical products used in a
manner constituting disposal or burned for energy recovery, used to produce a fuel, or contained in fuels are not
solid wastes.
V Material is a solid waste
111-8
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Chapter 1: Hazardous Waste Identification
Commercial Chemical Products
Commercial chemical products are unused or
off-specification chemicals (e.g., chemicals that have
exceeded their shelf life), spill or container residues,
and other unused manufactured products that are not
typically considered chemicals. CCPs are not solid
wastes when reclaimed, unless they are used in a
manner constituting disposal; or burned for energy
recovery, used to produce a fuel, or contained in
fuels (see Figure III-6).
Scrap Metal
Scrap metal is worn or extra bits and pieces of
metal parts, such as scrap piping and wire, or worn
metal items, such as scrap automobile parts and
radiators. If scrap metal is reclaimed, it is a solid
waste and is subject to hazardous waste regulation
(see also Section III, Chapter 2). Scrap metal is also
regulated as a solid waste when used in a manner
constituting disposal; burned for energy recovery,
used to produce a fuel, or contained in fuels; or
accumulated speculatively. This does not apply to
processed scrap metal which is excluded from
hazardous waste generation entirely (as discussed
later in this chapter).
• Sham Recycling
For all recycling activities, the above rules are
based on the premise that legitimate reclamation or
^ _,, „. , SHAM RECYCLING
!' , ' "
Sham recycling may include situations when a __ _
^secondary material is: ~ * * " ."
• Ineffective or onfy marginally effective for the
- , claimed use (e.g., using certain heavy metal sludges
in concrete when such sludges do not contribute any
significant element to the concrete's properties)
„ * ^ ^
- • Used in excess of the amount necessary (e.g., using
^ materials containing chlorine as an ingredient in a
fe process requiring chlorine, but in excess of the
~ required chlorine levels)
•"Randled in a manner inconsistent with its use as a
- raw material or commercial product substitute (e7g.,
storing materials in a leaking surface impoundment
- as compared to a tank in good condition that is
intended for storing raw materials).
reuse is taking place. EPA rewards facilities
recycling some wastes by exempting them from
regulation, or by subjecting them to lesser
regulation. Some facilities, however, may claim that
they are recycling a material in order to avoid being
subject to RCRA regulation, when in fact the activity
is not legitimate recycling. EPA has established
guidelines for what constitutes legitimate recycling
and has described activities it considers to be
illegitimate or sham recycling. Considerations in
making this determination include whether the
secondary material is effective for the claimed use, if
the secondary material is used in excess of the
amount necessary, and whether or not the facility has
maintained records of the recycling transactions.
IS THE WASTE EXCLUDED?
Not all RCRA solid wastes qualify as hazardous
wastes. Other factors must be considered before
deciding whether a solid waste should be regulated
as a hazardous waste. Regulation of certain wastes
may be impractical or otherwise undesirable,
regardless of the hazards that the waste might pose.
For instance, household waste can contain dangerous
chemicals, such as solvents and pesticides, but
subjecting households to the strict RCRA waste
management regulations would create a number of
practical problems. As a result, Congress and EPA
exempted or excluded certain wastes, such as
household wastes, from the hazardous waste
definition and regulations. Determining whether or
not a waste is excluded or exempted from hazardous
waste regulation is the second step in the RCRA
hazardous waste identification process. There are
five categories of exclusions:
• Exclusions from the definition of solid waste
• Exclusions from the definition of hazardous
waste
• Exclusions for waste generated in raw material,
product storage, or manufacturing units
• Exclusions for laboratory samples and waste
treatability studies
• Exclusions for dredged material regulated under
the Marine Protection Research and Sanctuaries
Act or the Clean Water Act.
(1-9
-------
Section III: Managing Hazardous Waste - RCRA Subtitle C
If the waste fits one of these categories, it is not
regulated as a RCRA hazardous waste, and the
hazardous waste requirements do not apply.
• Solid Waste Exclusions
A material cannot be a hazardous waste if it does
not meet the definition of a solid waste. Thus,
wastes that are excluded from the definition of solid
waste are not subject to RCRA Subtitle C hazardous
waste regulation. There are 19 exclusions from the
definition of solid waste.
Domestic Sewage and Mixtures of Domestic
Sewage
Domestic sewage, or sanitary waste, comes from
households, office buildings, factories, and any other
place where people live and work. These wastes are
carried by sewer to a municipal wastewater
treatment plant (called a publicly owned treatment
works (POTW)). The treatment of these wastes is
regulated under the Clean Water Act (CWA).
Mixtures of sanitary wastes and other wastes
(including hazardous industrial wastes) that pass
through a sewer system to a POTW are also
excluded from Subtitle C regulation once they enter
the sewer. In certain circumstances, this exclusion
may be applied to domestic sewage and mixtures of
domestic sewage that pass through a federally
owned treatment works (FOTW).
Industrial Wastewater Discharges (Point Source
Discharges)
Another exclusion from RCRA designed to
avoid overlap with CWA regulations applies to point
source discharges. Point source discharges are
discharges of pollutants (e.g., from a pipe, sewer, or
pond) directly into a lake, river, stream, or other
water body. CWA regulates such discharges under
the National Pollutant Discharge Elimination System
(NPDES) permitting program. Under this exclusion
from the definition of solid waste, wastewaters that
are subject to CWA regulations are exempt from
Subtitle C regulation at the point of discharge. Any
hazardous waste generation, treatment, or storage
prior to the discharge is subject to RCRA regulation.
Many industrial facilities that treat wastewater on
site utilize this point source discharge exclusion.
Irrigation Return Flows
When farmers irrigate agricultural land, water
not absorbed into the ground can flow into reservoirs
for reuse. This return flow often picks up pesticide
or fertilizer constituents, potentially rendering it
hazardous. Because this water may be reused on the
fields, it is excluded from the definition of solid
waste.
Radioactive Waste
Radioactive waste is regulated by either the
Nuclear Regulatory Commission or the U.S.
Department of Energy (DOE) under the Atomic
Energy Act (AEA). To avoid duplicative regulation
under RCRA and AEA, RCRA excludes certain ••
radioactive materials from the definition of solid
11-10
-------
Chapter 1: Hazardous Waste Identification
waste. However, RCRA excludes only the
radioactive components of the waste. If a
radioactive waste is mixed with a hazardous waste,
the resultant mixture is regulated by both AEA and
RCRA as a mixed waste. Similarly, if a facility
generates a hazardous waste that is also radioactive,
the material is a mixed waste and is subject to
regulation under both RCRA and AEA (the
regulatory status of mixed waste is fully discussed
later in this chapter).
In-Situ Mining Waste
In-situ (in-place) mining of certain minerals may
involve the application of solvent solutions directly
to a mineral deposit in the ground. The solvent
passes through the ground, collecting the mineral as
it moves. The mineral and solvent mixtures are then
collected in underground wells where the solution is
removed. Such solvent-contaminated earth, or any
nonrecovered solvent, is excluded from the
definition of solid waste when left in place.
Pulping Liquors
Pulping liquor, also called black liquor, is a
corrosive material used to dissolve wood chips for
manufacturing of paper and other materials. To
promote waste minimization and recycling, EPA
excluded pulping liquors from the definition of solid
waste if they are reclaimed in a recovery furnace and
then reused in the pulping process. If the liquors are
recycled in another way, or are accumulated
speculatively, they are not excluded.
Spent Sulfuric Acid
Spent sulfuric acid may be recycled to produce
virgin sulfuric acid. To promote waste reduction and
recycling, such recycled spent sulfuric acid is
excluded from the definition of solid waste, unless
the facility accumulates the material speculatively.
Closed-Loop Recycling
To further promote waste reduction and
recycling, spent materials that are reclaimed and
returned to the original process in an enclosed
system of pipes and tanks are excluded from the
definition of solid waste, provided that:
Only tank storage is involved, and the entire
process, through reclamation, is closed to the air
(i.e., enclosed)
• Reclamation does not involve controlled flame
combustion, such as that which occurs in boilers,
industrial furnaces, or incinerators
• Waste materials are never accumulated in tanks
for more than 12 months without being
reclaimed
• Reclaimed materials are not used to produce a
fuel, or used to produce products that are used in
a manner constituting disposal.
An example of such a closed-loop system might
include a closed solvent recovery system in which
the dirty solvents are piped from the degreasing unit
to a solvent still where the solvent is cleaned, and
then piped back to the degreasing unit.
Spent Wood Preservatives
Many wood preserving plants recycle their
wastewaters and spent wood preserving solutions.
These materials are collected on drip pads and
sumps, and are in many cases returned directly to the
beginning of the wood preserving process where
they are reused in the same manner. While the
process resembles a closed-loop recycling process,
the closed-loop recycling exclusion does not apply
because drip pads are open to the air. Consistent
with their objective to encourage recycling
hazardous waste, EPA developed two specific
exclusions for spent wood preserving solutions and
wastewaters containing spent preservatives,
provided that the materials have been reclaimed and
are reused for their original purpose. In addition,
wood preserving solutions and wastewaters are
excluded from the definition of solid waste prior to
reclamation. To use this exclusion, a facility is
required to reuse the materials for their intended
purpose and manage them in a way that prevents
releases to the environment.
Coke By-Product Wastes
Coke, used in the production of iron, is made by
heating coal in high temperature ovens. Throughout
the production process many by-products are
111-11
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Section III: Managing Hazardous Waste - RCRA Subtitle C
created. The refinement of these coke by-products
generates several listed and characteristic
wastestreams. However, to promote recycling of
these wastes, EPA provided an exclusion from the
definition of solid waste for certain coke by-product
wastes that are recycled into new products.
Splash Condenser Dross Residue
The treatment of steel production pollution
control sludge generates a zinc-laden residue, called
a dross. This material, generated from a splash
condenser in a high temperature metal recovery
process, is known as a splash condenser dross
residue. Because this material contains 50 to 60
percent zinc, it is often reclaimed, reused, or
processed as a valuable recyclable material. Since
facilities commonly handle this material as a
valuable commodity by managing it in a way that is
protective of human health and the environment,
EPA excluded this residue from the definition of
solid waste.
Hazardous Oil-bearing Secondary Materials and
Recovered Oil from Petroleum Refining
Operations
Petroleum refining facilities sometimes recover
oil from oily wastewaters and reuse this oil in the
refining process. In order to encourage waste
minimization and recycling, EPA excluded such
recovered oil from the definition of solid waste when
it is returned to the refinery. Oil-bearing hazardous
wastes which are recycled back into the petroleum
refining process are also excluded.
In 2002, EPA proposed to conditionally exclude
oil-bearing secondary materials that are processed in
a gasification system to produce synthesis gas fuel
and other non-fuel chemical by-products.
Condensates from Kraft Mill Steam Strippers
The Kraft process, the most commonly used
pulping process today, utilizes various chemicals to
break down wood into pulp. This process generates
overhead gases that are condensed and often
recycled as fuel. To encourage the recycling of these
condensates, EPA excluded them from the definition
of solid waste provided the condensate is combusted
at the mill that generated it.
Comparable Fuels
In order to promote the recycling of materials
with high fuel values, certain materials that are
burned as fuels are excluded from the definition of
solid waste, provided that they meet certain
specifications (i.e., are of a certain degree of purity).
This is to ensure that the material does not exceed
certain levels of toxic constituents and physical
properties that might impede burning. Materials that
meet this specification are considered comparable to
pure or virgin fuels.
Processed Scrap Metal
Scrap metal includes, but is not limited to, pipes,
containers, equipment, wire, and other metal items
that are no longer of use. To facilitate recycling,
scrap metal that has been processed to make it easier
to handle or transport and is sent for metals recovery
is excluded from the definition of solid waste.
Unprocessed scrap metal is still eligible for an
exemption from hazardous waste regulation when
recycled (as discussed in Section III, Chapter 2).
Shredded Circuit Boards
Circuit boards are metal boards that hold
computer chips, thermostats, batteries, and other
electronic components. Circuit boards can be found
in computers, televisions, radios, and other
electronic equipment. When this equipment is
thrown away, these boards can be removed and
111-12
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Chapter 1: Hazardous Waste Identification
recycled. Whole circuit boards meet the definition
of scrap metal, and are therefore exempt from
hazardous waste regulation when recycled (as
discussed in Section III, Chapter 2).
On the other hand, some recycling processes
involve shredding the board. Such shredded boards
do not meet the exclusion for recycled scrap metal.
In order to facilitate the recycling of such materials,
EPA excluded recycled shredded circuit boards from
the definition of solid waste, provided that they are
stored in containers sufficient to prevent release to
the environment, and are free of potentially
dangerous components, such as mercury switches,
mercury relays, nickel-cadmium batteries, and
lithium batteries.
Mineral Processing Spent Materials
Mineral processing generates spent materials
that may exhibit hazardous waste characteristics.
Common industry practice is to recycle these
mineral processing wastes back into the processing
operations to recover mineral values. EPA created a
conditional exclusion from the definition of solid
waste for these spent materials when recycled in the
mineral processing industry, provided the materials
are stored in certain types of units and are not
accumulated speculatively.
Petrochemical Recovered Oil
Organic chemical manufacturing facilities
sometimes recover oil from their organic chemical
industry operations. EPA excluded petrochemical
recovered oil from the definition of solid waste when
the facility inserts the material into the petroleum
refining process of an associated or adjacent
petroleum refinery. Only petrochemical recovered
oil that is hazardous because it exhibits the
characteristic of ignitability or exhibits the toxicity
characteristic for benzene (or both) is eligible for the
exclusion.
Spent Caustic Solutions from Petroleum
Refining
Petrochemical refineries use caustics to remove
acidic compounds like mercaptans from liquid
petroleum streams to reduce produce odor and
corrosivity as well as to meet product sulfur
specifications. Spent liquid treating caustics from
petroleum refineries are excluded from the definition
of solid waste if they are used as a feedstock in the
manufacture of napthenic and cresylic acid products.
EPA believes that spent caustic, when used in this
manner, is a valuable commerical feedstock in the
production of these particular products, and is
therefore eligible for an exclusion.
Glass Frit and Fluoride-rich Baghouse Dusl:
Generated by the Vitrification of K088
In July 2000, EPA proposed that glass frit and
fluoride-rich baghouse dust generated by the
vitrification of K088 be classified as products and
excluded from the definition of solid waste. Glass
frit is usable as a commercial chemical product and
fluoride-rich baghouse dust can be recycled back
into the aluminum reduction pots as electrolyte or
sold as a product for other industrial uses such as
steel making.
Zinc Fertilizers Made from Recycled Hazardous
Secondary Materials
EPA promulgated a conditional exclusion from
the definition of solid waste for hazardous secondary
materials that are recycled to make zinc fertilizers or
zinc fertilizer ingredients. Zinc, an important
micronutrient for plants and animals, can be
removed from zinc-rich manufacturing residue and
used to produce zinc micronutrient fertilizer. A
second conditional exclusion applies to the zinc
fertilizer products made from these secondary
materials.
• Hazardous Waste Exemptions
EPA also exempts certain solid wastes from the
definition of hazardous waste. If a material meets an
exemption from the definition of hazardous waste, it
cannot be a hazardous waste, even if the material
technically meets a listing or exhibits a
characteristic. There are 17 exemptions from the
definition of hazardous waste.
Household Hazardous Waste
Households, often generate solid wastes that
could technically be hazardous wastes (e.g., old
11-13
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Section ///: Managing Hazardous Waste - RCRA Subtitle C
solvents, paints, pesticides, fertilizer, poisons).
However, it would be impossible to regulate every
house in the United States that occasionally threw
away a can of paint thinner or a bottle of rat poison.
Therefore, EPA developed the household waste
exemption. Under this exemption, wastes generated
by normal household activities (e.g., routine house
and yard maintenance) are exempt from the
definition of hazardous waste. EPA has expanded
the exemption to include household-like areas, such
as bunkhouses, ranger stations, crew quarters,
campgrounds, picnic grounds, and day-use
recreation areas. While household hazardous waste
is exempt from Subtitle C, it is regulated under
Subtitle D as a solid waste (as discussed in Section
II).
Agricultural Waste
To prevent overregulation of farms and promote
waste recycling, solid wastes generated by crop or
animal farming are excluded from the definition of
hazardous waste provided that the wastes are
returned to the ground as fertilizers or soil
conditioners. Examples of such wastes are crop
residues and manures.
Mining Overburden
After an area of a surface mine has been
depleted, it is common practice to return to the mine
the earth and rocks (overburden) that were removed
to gain access to ore deposits. When the material is
returned to the mine site, it is not a hazardous waste
under RCRA.
Bevill and Bentsen Wastes
In the Solid Waste Disposal Act Amendments of
1980, Congress amended RCRA by exempting oil,
gas, and geothermal exploration, development, and
production wastes (Bentsen wastes); fossil fuel
combustion wastes; mining and mineral processing
wastes; and cement kiln dust wastes (Bevill wastes)
from the definition of hazardous waste pending
further study by EPA. These wastes were
temporarily exempted because they were produced
in very large volumes, were thought to pose less of a
hazard than other wastes, and were generally not
amenable to the management practices required
under RCRA. The following paragraphs describe
these exemptions in detail.
Fossil Fuel Combustion Waste
In order to accommodate
effective study, fossil fuel
combustion wastes were
divided into two categories,
large-volume coal-fired utility
wastes and remaining wastes.
After studying these wastes,
in 1993, EPA decided to
permanently exempt large-
volume coal-fired utility wastes,
including fly ash, bottom ash, boiler slag, and flue
gas emission control waste from the definition of
hazardous waste. Further study by EPA, in 2000,
indicated that all remaining fossil fuel combustion
wastes need not be regulated under RCRA Subtitle
C. However, EPA determined that national non-
hazardous waste regulations under RCRA Subtitle D
are appropriate for coal combustion wastes disposed
in surface impoundments and landfills and used as
minefill. These regulations are expected to be
proposed in March of 2003.
Oil, Gas, and Geothermal Wastes
Certain wastes from the exploration and
production of oil, gas, and geothermal energy are
excluded from the definition of hazardous waste.
These wastes include those that have been brought to
the surface during oil and gas exploration and
production operations, and other wastes that have
come into contact with the oil and gas production
stream (e.g., during removal of waters injected into
the drill well to cool the drill bit).
Mining and Mineral Processing Wastes
Certain wastes from the mining, refining, and
processing of ores and minerals are excluded from
the definition of hazardous waste.
Cement Kiln Dust
Cement kiln dust is a fine-grained solid by-
product generated during the cement manufacturing
process and captured in a facility's air pollution
control system. After study, EPA decided to develop
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Chapter 1: Hazardous Waste Jdenfificsfion
specific regulatory provisions for cement kiln dust.
Until EPA promulgates these new regulatory
controls, however, cement kiln dust will generally
remain exempt from the definition of hazardous
waste.
Trivalent Chromium Wastes
The element chromium exists in two forms,
hexavalent and trivalent. EPA determined that while
hexavalent chromium poses enough of a threat to
merit regulation as a characteristic hazardous waste,
trivalent chromium does not. Therefore, to prevent
unnecessary regulation, EPA excluded, from the
definition of hazardous waste, trivalent chromium-
bearing hazardous wastes from certain leather
tanning, shoe manufacturing, and leather
manufacturing industries.
Arsenically Treated Wood
Discarded arsenically treated wood or wood
products that are hazardous only because they
exhibit certain toxic characteristics (e.g., contain
harmful concentrations of metal or pesticide
constituents), are excluded from the definition of
hazardous waste. Once such treated wood is used, it
may be disposed of by the user (commercial or
residential) without being subject to hazardous waste
regulation. This exclusion is based on the fact that
the use of such wood products on the land is similar
to the common disposal method, which is
landfilling. This exclusion applies only to end-users
and not to manufacturers.
Petroleum-Contaminated Media and Debris from
Underground Storage Tanks
USTs are used to store petroleum (e.g., oil) and
hazardous substances (e.g., ammonia). When these
tanks leak, the UST program under RCRA Subtitle I
provides requirements for cleaning up such spills
(the regulatory requirements for USTs are fully
discussed in Section IV). To facilitate the corrective
action process under the UST regulations,
contaminated media (soils and ground water) and
debris (tanks and equipnlent) at sites undergoing
UST cleanup that are hazardous only because they
exhibit certain toxic characteristics (e.g., contain a
harmful concentrations of leachable organic
constituents) are excluded from the definition of
hazardous waste.
Spent Chlorofluorocarbon Refrigerants
Chlorofluorocarbons (CFCs) released to the
atmosphere damage the stratospheric ozone layer.
To promote recycling and discourage the practice of
venting used CFCs to the atmosphere as a means of
avoiding Subtitle C regulation, EPA excluded
recycled CFCs from the definition of hazardous
waste since the refrigerants are generally reclaimed
for reuse.
Used Oil Filters
In order to promote the recycling and recovery
of metals and other products from used oil filters,
EPA exempted used oil filters that have been
properly drained to remove the used oil.
Used Oil Distillation Bottoms
When used oil is recycled, residues (called
distillation bottoms) form at the bottom of the
recycling unit. To promote used oil recycling and
the beneficial reuse of waste materials, EPA
excluded these residues from the definition of
hazardous waste when the bottoms are used as
ingredients in asphalt paving and roofing materials.
Landfill Leachate or Gas Condensate Derived
from K169, K171, and K172 Listings
Landfill leachate and landfill gas condensate
derived from previously disposed wastes that now
meet the listing description of one or more of the
petroleum refinery listed wastes K169, K170, K171,
and K172, would be regulated as a listed hazardous
waste. However, EPA temporarily deferred such
landfill leachate and gas condensate from the
definition of hazardous waste provided their
discharge is regulated under the Clean Water Act
(CWA). The exclusion will remain effective while
EPA studies how the landfill leachate and landfill
gas condensate are currently managed, and the effect
of future CWA effluent limitation guidelines for
landfill wastewaters.
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Section III: Managing Hazardous Waste - RCRA Subtitle C
Project XL Pilot Project Exclusions
EPA has provided two facilities with site-
specific hazardous waste exclusions pursuant to the
Project XL pilot program. The waste generated from
the copper metalization process at the IBM Vermont
XL project is excluded from the F006 listing. By-
products resulting from the production of automobile
air bag gas generants at the Autoliv ASP Inc. XL
project in Utah are exempt from regulation as D003
hazardous waste. In addition to these finalized
exclusions, in July of 2001, EPA proposed a site-
specific exclusion for mixed wastes generated at the
Ortho-McNeil Pharmaceutical, Inc. facility in Spring
House, Pennsylvania, under the Project XL program.
• Raw Material, Product Storage, and
Process Unit Waste Exclusions
Hazardous wastes generated in raw material,
product storage, or process (e.g., manufacturing)
units are exempt from Subtitle C hazardous waste
regulation while the waste remains in such units.
These units include tanks, pipelines, vehicles, and
vessels used either in the manufacturing process or
for storing raw materials or products, but specifically
do not include surface impoundments. Once the
waste is removed from the unit, or when a unit
temporarily or permanently ceases operation for 90
days, the waste is considered generated and is
subject to regulation.
• Sample and Treatability Study
Exclusions
Hazardous waste samples are small, discrete
amounts of hazardous waste that are essential to
ensure accurate characterization and proper
hazardous waste treatment. In order to facilitate the
analysis of these materials, RCRA exempts
characterization samples and treatability study
samples from Subtitle C hazardous waste regulation.
Waste Characterization Samples
Samples sent to a lab to determine whether or
not a waste is hazardous are exempt from regulation.
Such samples (typically less than one gallon of
waste) are excluded from Subtitle C regulation,
provided that
these samples are
collected and
shipped for the
sole purpose of
determining
hazardous waste
characteristics or
composition.
Storage, transportation, and testing of
the sample are excluded from RCRA regulation even
when the lab testing is complete, provided the
sample is returned to the generator, and other
specific provisions are met. When shipping the
sample to or from the laboratory, the sample
collector must comply with certain labeling
requirements, as well as any applicable U.S. Postal
Service (USPS) or U.S. Department of
Transportation (DOT) shipping requirements.
Treatability Study Samples
To determine if a particular treatment method
will be effective on a given waste or what types of
wastes remain after the treatment is complete,
facilities send samples of waste to a lab for testing.
EPA conditionally exempts those who generate or
collect samples for the sole purpose of conducting
treatability studies from the hazardous waste
regulations, provided that certain requirements,
including packaging, labeling, and recordkeeping
provisions, are met. In addition, under specific
conditions, laboratories conducting such treatability
studies may also be exempt from Subtitle C
regulation.
• Dredge Materials Exclusions
Dredge materials subject to the permitting
requirements of 404 of the Federal Water Pollution
Control Act of
Section 103 of
the Marine
Protection,
Research, and
Sanctuaries Act
of 1972 are not
considered
hazardous
wastes.
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Chapter 1: Hazardous Waste Identification
DEFINITION OF HAZARDOUS WASTE
«.-
i RCRA §1004(5), Congress defined hazardous waste
ras"a"iolB vvaste, or combination of solid wastes, which
jpjjgcause qfjts quantity, concentration, or physical,
feghemical, or infectious characteristics may:
f-.^ r _
If (a) Cause, or significantly contribute to, an increase in
2"* Tnortality or an increase in serious irreversible, or
incapacitating reversible, illness; or
j Pose a substantial present or potential hazard to
^.^ human health or the environment when improperly
•eg -j "treated, stored, transported, or disposed of, or
f * • otherwise managed.
f- r_~' - -
"pJased on this broad definition, Congress instructed
•ai-PAto develop more specific criteria for defining solid
v and hazardous waste. Congress believed that EPA
!!¥hould define hazardous waste^using two different
'^rnechanlsms: byjisting certain specific solid wastes as
^h\zarcious~(Ce.7wastes from certain industrial
^'processes or sources), and by identifying
f characteristics (i.e., physical or chemical properties)
tl which, when exhibited by a solid waste, make it
- hazardous. Taking Congress' lead, EPA proceeded to
" develop an elaborate definition of hazardous waste
- that included both of these mechanisms.
IS THE WASTE A LISTED
HAZARDOUS WASTE?
After a facility determines that its waste is a
solid waste and is not either excluded from the
definitions of solid or hazardous waste or exempt
from Subtitle C hazardous waste regulation, the
owner and operator must determine if the waste is a
hazardous waste. The first step in this process is
determining if the waste is a listed hazardous waste.
The hazardous waste listings consist of four lists:
The F list
The K list
The P list
The U list.
Listed wastes are wastes from generic industrial
processes, wastes from certain sectors of industry,
and unused pure chemical products and
formulations. Because these wastes are dangerous
enough to warrant full Subtitle C regulation based on
their origin, any waste fitting a narrative listing
description is considered a listed hazardous waste.
• Listing Criteria
Before developing each hazardous waste listing,
EPA thoroughly studies a particular wastestream and
the threats that it can pose to human health and the
environment. If the waste poses sufficient threat,
EPA includes a precise description of that waste on
one of four hazardous waste lists within the
regulations.
In order to determine whether a waste should be
listed in the first place, the Agency developed a set
of criteria to use as a guide and a consistent frame of
reference when considering listing a wastestream.
These criteria were developed by EPA to use in
evaluating whether a waste warrented being listed as
a hazardous waste. These listing criteria cannot be
use by waste handlers for waste identification
purposes. Waste handlers must instead consult the
actual listings to determine if their waste is regulated
as a listed hazardous waste.
There are three different criteria EPA uses to
decide whether or not to list a waste as hazardous.
The three criteria are:
• The waste typically contains toxic chemicals at
levels that could pose a threat to human health
and the environment if improperly managed.
Such wastes are known as toxic listed wastes.
• The waste contains such dangerous chemicals
that it could pose a threat to human health and
the environment even when properly managed.
These wastes are fatal to humans and animals
even in low doses. Such wastes are known as
acute hazardous wastes.
• The waste typically exhibits one of the four
characteristics of hazardous waste: ignitability,
corrosivity, reactivity, and toxicity.
In addition, EPA may list a waste as hazardous, if
it has cause to believe that, for some other reason,
the waste typically fits within the statutory definition
of hazardous waste developed by Congress.
m Hazardous Waste Listings
EPA has applied the listing criteria to hundreds .;
of specific industrial wastestreams. These wastes
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Section III: Managing Hazardous Waste - RCRA Subtitle C
HAZARD CODES
I To indicate its reason for listing a waste, EPA assigns a
1 hazard code to each waste listed on the F, K, P, and U
, lists. The last four hazard codes in the table below
i apply to wastes that have been listed because they
i typically exhibit one of the four regulatory
- characteristics of hazardous waste. The first two
- hazard codes apply to listed wastes whose
constituents pose additional threats to human health
* and the environment. The hazard codes indicating the
basis for listing a waste are:
; Toxic Waste (T)
: Acute Hazardous Waste (H)
" Ignitable Waste (I)
, Corrosive Waste (C)
Reactive Waste (R)
Toxicity Characteristic Waste (E)*
The hazard codes assigned to listed wastes affect the
regulations that apply to handling the waste. For
instance, acute hazardous wastes accompanied by the
hazard code (H) are subject to stricter management
standards than most other wastes.
*Currently, there are no hazardous wastes listed solely for
exhibiting the toxlcity characteristic.
are grouped into the four lists located at 40 CFR Part
261, Subpart D. Listed wastes are organized as
follows:
• The F list — The F list includes wastes from
certain common industrial and manufacturing
processes. Because the processes generating
these wastes can occur in different sectors of
industry, the F list wastes are known as wastes
from nonspecific sources. The F list is codified
in the regulations at 40 CFR §261.31.
• The K list — The K list includes wastes from
specific industries. As a result, K list wastes are
known as wastes from specific sources. The K
list is found at 40 CFR §261.32.
• The P list and the U list — These two lists
include pure or commercial grade formulations
of specific unused chemicals. Chemicals are
included on the P list if they are acutely toxic. A
chemical is acutely toxic if it is fatal to humans
in low doses, if scientific studies have shown
that it has lethal effects on experimental
organisms, or if it causes serious irreversible or
incapacitating illness. The U list is generally
comprised of chemicals that are toxic, but also
includes chemicals that display other
characteristics, such as ignitability or reactivity.
Both the P list and U list are codified at 40 CFR
§261.33.
Each list includes anywhere from 30 to a few
hundred listed hazardous wastestreams. All of the
wastes on these lists are assigned an identification
number (i.e., a waste code) consisting of the letter
associated with the list (i.e., F, K, P, or U) followed
by three numbers. For example, wastes on the F list
may be assigned a waste code ranging from F001 to
F039, while wastes on the K list may be assigned a
waste code ranging from K001 to K178. These
waste codes are an important part of the RCRA
regulatory system since waste code assignment has
important implications for the future management
standards that will apply to the waste.
The F List: Wastes From Nonspecific Sources
The F list designates hazardous wastes from
common industrial and manufacturing processes.
The F list wastes can be divided into seven groups,
depending on the type of manufacturing or industrial
operation that creates them:
• Spent solvent wastes (waste codes F001 through
F005)
• Electroplating and other metal finishing wastes
(F006 through F012 and F019)
• Dioxin-bearing wastes (F020 through F023 and
F026 through F028)
• Chlorinated aliphatic hydrocarbons production
wastes (F024 and F025)
• Wood preserving wastes (F032, F034, and F035)
• Petroleum refinery wastewater treatment sludges
(F037andF038)
• Multisource leachate (F039).
Spent Solvent Wastes
The spent solvent waste listings (F001 through
F005) apply to wastestreams that are generated from
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Chapter 1: Hazardous Waste fcfenflficafion
the use of certain common organic solvents.
Solvents are commonly used in various industries,
such as mechanical repair, dry cleaning, and
electronics manufacturing, for degreasing and
cleaning in addition to other functions. While
solvents are chemicals with many uses, these listings
only apply to solvents that are used as solvents for
their solvent properties (e.g., to solubilize, dissolve,
or mobilize other constituents) and are spent (e.g.,
cannot be used further without reprocessing). In
addition, these listings only apply to solvents that
contain one or more of the specific organic solvent
constituents found in the F001-F005 narrative
descriptions. Lastly, these listings only cover
solvents that were above a certain concentration
before use.
Electroplating and Other Metal Finishing Wastes
The electroplating and other metal finishing
waste listings (F006 through F012 and F019) apply
to wastestreams that are commonly produced during
electroplating and other metal finishing operations.
Diverse industries use electroplating and other
methods to change the surface of metal objects in
order to enhance the appearance of the objects, make
them more resistant to corrosion, or impart some
other desirable property to them. Industries involved
in plating and metal finishing range from jewelry
manufacture to automobile production.
Dioxin-Bearing Wastes
The dioxin-bearing waste listings (F020 through
F023 and F026 through F028) describe a number of
wastestreams that EPA believes are likely to contain
dioxins, which are allegedly among the most
dangerous known chemical compounds. The dioxin
listings apply primarily to manufacturing process
wastes from the production of specific pesticides or
specific chemicals used in the production of
pesticides. With the exception of F028, all of the
dioxin-bearing wastes are considered acutely
hazardous wastes and are designated with the hazard
code (H). These wastes are therefore subject to
stricter management standards than other hazardous
wastes.
Chlorinated Aliphatic Hydrocarbon Production
Wastes
The chlorinated aliphatic hydrocarbons
production wastes (F024 and F025) list certain
wastestreams produced by the manufacture of
chlorinated aliphatic hydrocarbons. Chlorinated
aliphatic hydrocarbons are used in the manufacture
of certain pesticides and fire retardants. Many other
wastestreams from the manufacture of organic
chemicals are found within the K list, including two
waste codes for chlorinated aliphatic wastes, K174
and K175.
Wood Preserving Wastes
The wood preserving waste listings (F032, F034,
and F035) apply to certain wastes from wood
preserving operations. Most wood used for
construction or other nonfuel applications is
chemically treated to slow the deterioration caused
by decay and insects. For example, telephone poles,
railroad cross ties, and other wood products are
treated to withstand the rigors of outdoor use.
Wood preservation typically involves coating
lumber with pentachlorophenol, creosote, or
preservatives containing arsenic or chromium. The
wood preserving process creates wastestreams
containing these chemicals, such as excess
preservative solution that drips from wood products
after treatment. Waste from wood preservation
using pentachlorophenol is F032, waste from use of
creosote is F034, and waste from treating wood with
arsenic or chromium is F035.
These listings (as well as some K list waste
listings) also apply to a variety of other residues
from wood preserving.
Petroleum Refinery Wastewater Treatment
Sludges
The petroleum refinery wastewater treatment
sludge listings (F037 and F038) apply to specific
wastestreams from petroleum refineries. The
petroleum refining process typically creates large
quantities of contaminated wastewater. Before this
wastewater can be discharged to a river or sewer, it
must be treated to remove oil, solid material, and
chemical pollutants.
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Section III: Managing Hazardous Waste - RCRA Subtitle C
To remove most of this oily waste from the
wastewater, refineries typically use two methods. In
the first step, gravity separates the pollutants from
the wastewater. The solids and heavier pollutants
sink to the bottom of a tank, forming a sludge, while
the lighter materials (called float) float to the surface
of the wastewater, where they can be skimmed off.
This sludge is F037. The second step uses physical
(stirring or agitating) and chemical means to
separate remaining pollutants from the wastewater
into sludge and float. This sludge and float are
F038. The K list also includes wastes codes for
certain petroleum wastestreams generated by the
petroleum refining industry. These waste codes are
K048 through K052 and K169 through K172.
Multlsource Leachate
The F039 listing applies to multisource leachate,
the liquid material that accumulates at the bottom of
a hazardous waste landfill. The leachate that
percolates through landfills, particularly hazardous
waste landfills, usually contains high concentrations
of chemicals, and is often collected to minimize the
potential for it to enter and contaminate the soil or
ground water below the unit.
The K List: Wastes From Specific Sources
The K list designates hazardous wastes from
specific sectors of industry and manufacturing. Like
F list wastes, K list wastes are manufacturing
process wastes.
To determine whether a waste qualifies as K-
listed, a facility must first determine whether the
waste fits within one of the 13 different industrial or
manufacturing categories on the list. Second, a
facility must determine if this waste matches one of
the detailed K list waste descriptions in 40 CFR
§261.32. The 13 industries that generate K list
wastes are:
• Wood preservation
• Organic chemicals manufacturing
• Pesticides manufacturing
• Petroleum refining
• Veterinary Pharmaceuticals manufacturing
• Inorganic pigment manufacturing
• Inorganic chemicals manufacturing
• Explosives manufacturing
• Iron and steel production
• Primary aluminum production
• Secondary lead processing
• Ink formulation
• Coking (processing of coal to produce coke, a
material used in iron and steel production).
Previously, the K list also included waste codes
for 17 different industries. However, due to various
court actions taken, EPA withdrew the K waste
codes applicable to wastestreams in the primary
copper, primary lead, primary zinc, and ferroalloys
industries.
The P and U Lists: Discarded Commercial
Chemical Products
The P and U lists designate as hazardous waste
pure and commercial grade formulations of certain
unused chemicals that are being disposed. Unused
chemicals may become wastes for a number of
reasons. For example, some unused chemicals are
spilled by accident. Others are intentionally
discarded because they are off-specification and
cannot serve the purpose for which they were
originally produced. For a waste to qualify as P- or
U-listed, the waste must meet the following three
criteria:
The waste must contain one of the chemicals
listed on the P or U list
• The chemical in the waste must be unused
The chemical in the waste must be in the form of
a commercial chemical product (CCP).
For purposes of the P and U lists, a CCP is
defined as a chemical that is one of the following:
• 100 percent pure
• Technical (e.g., commercial) grade
• The sole active ingredient in a chemical
formulation.
While 100 percent pure means that the chemical
is the only chemical constituent in the product,
technical grade means that the formulation is not
100 percent pure, but is of a grade of purity that is
either marketed or recognized in general usage by
the chemical industry. Sole active ingredient means
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Chapter 1: Hazardous Waste Identification
that the chemical is the only ingredient serving the
function of the formulation. For instance, a pesticide
made for killing insects may contain a poison such
as heptachlor, as well as various solvent ingredients
which act as carriers or lend other desirable
properties to the poison. Although all of these
chemicals may be capable of killing insects, only the
heptachlor serves the primary purpose of the
insecticide product. The other chemicals involved
are present for other reasons, not because they are
poisonous. Therefore, heptachlor is the sole active
ingredient in such a formulation even though it may
be present in low concentrations.
• Wastes Listed Solely for Exhibiting
the Characteristic of Ignitability,
Corrosivity, and/or Reactivity
Hazardous wastes listed solely for exhibiting the
characteristic of ignitability, corrosivity, and/or
reactivity are not regulated the same way that other
listed hazardous wastes are regulated under RCRA.
When a waste meets a listing description for one of
the 29 wastes listed solely for exhibiting the
characteristic of ignitability, corrosivity, and/or
reactivity, the waste is not hazardous if it does not
exhibit that characterisitic at the point of generation.
For example, F003 is listed for the characteristic of
ignitability. If a waste is generated and meets the
listing description for F003 but does not exhibit the
characteristic of ignitability, it is not regulated as a
hazardous waste.
• Delistings
The RCRA regulations provide a form of relief
for listed wastes with low concentrations of
hazardous constituents. Through a site-specific
process known as delisting, a waste handler can
submit to an EPA Region or state a petition
demonstrating that even though a particular
wastestream generated at its facility is a listed
hazardous waste, it does not pose sufficient hazard
to merit RCRA regulation. For example, a waste
generated at a specific facility may meet a listing
description even though the process uses different
raw materials than EPA assumed were used when
listing the waste, thus the waste may not contain the
contaminants for which it was listed. Similarly, after
treatment of a listed waste, the residue may no
longer pose a threat to human health and the
environment.
Specifically, the petition must demonstrate that
the waste does not:
• Meet the criteria for which it was listed
• Exhibit any hazardous waste characteristics (as
discussed later in this chapter)
• Pose a threat to human health and the
environment by being hazardous for any other
reason (e.g., does not contain additional
constituents that could pose a threat).
If the EPA Region or state grants a delisting
petition, the particular wastestream at that facility
will not be regulated as a listed hazardous waste.
IS THE WASTE A
CHARACTERISTIC HAZARDOUS
WASTE?
After a facility determines its waste is a solid
waste and is not excluded from the definitions of
solid or hazardous waste, it must determine if the
waste is a hazardous waste. This entails determining
if the waste is listed, and also if the waste is
characteristic. Even if a waste is a listed hazardous
waste, the facility must then determine if the waste
exhibits a characteristic by testing or applying
knowledge of the waste.
Characteristic wastes are wastes that exhibit
measurable properties which indicate that a waste
poses enough of a threat to deserve regulation as
hazardous waste. EPA tried to identify
characteristics which, when present in a waste, can
cause death or illness in humans or lead to
ecological damage. The characteristics are an
essential supplement to the hazardous waste listings.
For example, some wastes may not meet any listing
description because they do not originate from
specific industrial or process sources, but the waste
may still pose threats to human health and the
environment. As a result, a facility is also required
to determine whether such a waste possesses a
hazardous property (i.e., exhibits a hazardous waste
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Section III: Managing Hazardous Waste - RCRA Subtitle C
characteristic). The characteristics are applied to
any RCRA solid waste from any industry.
Even if a waste does meet a hazardous waste
listing description, the facility must still determine if
the waste exhibits a characteristic. If such listed
wastes do exhibit a characteristic, the waste poses an
additional hazard to human health and the
environment, and may necessitate additional
regulatory precautions. For example, wastes that are
both listed and characteristic may have more
extensive LDR requirements, than those that are
only listed (the LDR program is fully discussed in
Section HI, Chapter 6).
EPA decided that the characteristics of
hazardous waste should be detectable by using a
standardized test method or by applying general
knowledge of the waste's properties. Given these
criteria, EPA established four hazardous waste
characteristics:
Ignitability
Corrosivity
Reactivity
Toxicity.
m Ignitability
The ignitability characteristic identifies wastes
that can readily catch fire and sustain combustion.
Many paints, cleaners, and other industrial wastes
pose such a hazard. Liquid and nonliquid wastes are
treated differently by the ignitability characteristic.
Most ignitable wastes are liquid in physical
form. EPA selected a flash point test as the method
for determining whether a liquid waste is
combustible enough to deserve regulation as
hazardous. The flash point test determines the
^The ignitability
^characteristic
Identifies Wastes
sthai can readily
- catch fire and
sustain
combustion.
lowest temperature at which the fumes above a
waste will ignite when exposed to flame.
Many wastes in solid or nonliquid physical form
(e.g., wood, paper) can also readily catch fire and
sustain combustion, but EPA did .
not intend to regulate most of
these nonliquid materials as
ignitable wastes. A nonliquid
waste is considered ignitable if
it can spontaneously catch fire
or catch fire through friction or
absorption of moisture under '
normal handling conditions and can burn so
vigorously that it creates a hazard. Certain
compressed gases are also classified as ignitable.
Finally, substances meeting the Department of
Transportation's definition of oxidizer are classified
as ignitable wastes. Ignitable wastes carry the waste
code D001 and are among the most common
hazardous wastes. The regulations describing the
characteristic of ignitability are codified at 40 CFR
§261.21.
• Corrosivity
The Corrosivity characteristic identifies wastes
that are acidic or alkaline (basic). Such wastes can
readily corrode or dissolve
flesh, metal, or other materials.
They are also among the most
common hazardous wastes.
An example is waste sulfuric
acid from automotive batteries.
EPA uses two criteria to
identify liquid and aqueous
corrosive hazardous wastes.
The first is a pH test. Aqueous
wastes with a pH greater than
or equal to 12.5 or less than or equal to 2 are
corrosive. A liquid waste may also be corrosive if it
has the ability to corrode steel under specific
conditions. Physically solid, nonaqueous wastes are
not evaluated for Corrosivity. Corrosive wastes carry
the waste code D002. The regulations describing the
corrosivity characteristic are found at 40 CFR
§261.22.
The corrosivity
characteristic
Identifies wastes
that are acidic or
alkaline (basic)
and can readily -
corrode.or
dissolve flesh,
metal, or other
materials.
111-22
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Chapter 1: Hazardous Waste Identification
' -The reactivity
characteristic
identifies wastes
'Jhai readily
explode or
undergo violent
, reactions.
• Reactivity
The reactivity characteristic identifies wastes
that readily explode or undergo violent reactions or
react to release toxic gases or fumes. Common
examples are discarded
munitions or explosives. In
many cases, there is no reliable
test method to evaluate a
waste's potential to explode,
react violently, or release toxic
gas under common handling
conditions. Therefore, EPA
uses narrative criteria to define
most reactive wastes and requires waste generators
to use their best judgment in applying the narrative
definitions to determine if a waste is sufficiently
reactive to be regulated. This is possible because
reactive hazardous wastes are relatively uncommon
and the dangers that they pose are believed to be
well known to the waste handlers who deal with
them.
A waste is reactive if it meets any of the
following criteria:
• It can explode or violently react when exposed
to water or under normal handling conditions
• It can create toxic fumes or gases when exposed
to water or under normal handling conditions
* It meets the criteria for classification as an
explosive under DOT rules
• It generates toxic levels of sulfide or cyanide gas
when exposed to a pH range of 2 through 12.5.
Wastes exhibiting the characteristic of reactivity
are assigned the waste code D003. The reactivity
characteristic is described in the regulations at 40
CFR§261.23.
• Toxicity
When hazardous waste is disposed of in a land
disposal unit, toxic compounds or elements can
leach into underground drinking water supplies and
expose users of the water to hazardous chemicals
and constituents. EPA developed the toxicity
characteristic (TC) to identify wastes likely to
leach dangerous concentrations of toxic chemicals
into ground water.
In order to predict whether any particular waste
is likely to leach chemicals into ground water at
dangerous levels, EPA designed a lab procedure to
replicate the leaching process and other conditions
that occur when wastes are buried in a typical
municipal landfill! This lab procedure is known as
the Toxicity Characteristic Leaching Procedure
(TCLP).
The TCLP requires a facility to create a liquid
leachate from its hazardous waste samples. This
leachate would be similar to the leachate generated
Figure 111-7: TCLP Regulatory Levels
Waste Code
D004
D005
D018
D006
D019
D020
D021
D022
D007
D023
D024
D025
D026
D016
D027
D028
D029
D030
D012
D031
D032
D033
D034
D008
D013
D009
D014
D035
D036
D037
D038
D010
D011
D039
D015
D040
D041
D042
D017
D043
Contaminant
Arsenic
Barium
Benzene
Cadmium
Carbon tetrachloride
Chlordane
Chlorobenzene
Chloroform
Chromium
o-Cresol*
m-Cresol*
D-Cresol*
Total Cresols*
2,4-D
1 ,4-Dichlorobenzene
1 ,2-Dichloroethane
1 ,1-Dichloroethvlene
2,4-Dinitrotoluene
Endrin
HeDtachlor (and its eooxide)
Hexachlorobenzene
Hexach orobutadiene
Hexach oroethane
Lead
Lindane
Mercurv
Methoxvchlor
Methyl ethyl ketone
Nitrobenzene
Pentachloroohenol
Pvridine
Selenium
Silver
Tetrachloroethylene
Toxaphene
Trichloroethylene
2,4,5-TrichloroDhenol
2,4,6-TrichloroDhenoI
2,4,5-TP (Silvex)
Vinyl chloride
Concentration
5.0
100.0
0.5
1.0
0.5
0.03
100.0
6.0
5.0
200.0
200.0
200.0
200.0
10.0
7.5
0.5
0.7
0.13
0.02
0.008
0.1
0.5
3.0
5.0
0.4
0.2
10.0
200.0
2.0
100.0
5.0
1.0
5.0
0.7
0.5
0.5
400.0
2.0
1.0
0.2
*if o-, m-, and p-cresols cannot be individually measured,
the regulatory level for total cresols is used.
III-23
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Section III: Managing Hazardous Waste - RCRA Subtitle C
by a landfill containing a mixture of household and
industrial wastes. Once this leachate is created via
the TCLP, the waste handler must determine whether
it contains any of 40 different toxic chemicals in
amounts above the specified regulatory levels (see
Figure III-7). These regulatory levels are based on
ground water modeling studies and toxicity data that
calculate the limit above which these common toxic
compounds and elements will threaten human health
and the environment by contaminating drinking
water. If the leachate sample contains a
concentration above the regulatory limit for one of
the specified chemicals, the waste exhibits the
toxicity characteristic and carries the waste code
associated with that compound or element. The
TCLP may not be used however, for determining
whether remediation waste from manufactured gas
plants (MGP) is hazardous under RCRA. Therefore,
MGP remediation wastes are exempt from TC
regulation. The regulations describing the toxicity
characteristic are codified at 40 CFR §261.24, and
the TC regulatory levels appear in Table 2 of that
same section.
DETERMINING BOTH LISTINGS AND
CHARACTERISTICS
A facility must determine both listings and
characteristics. Even if a waste is a listed hazardous
waste, the facility must then still determine if the waste
exhibits a characteristic because waste generators are
required to fully characterize their listings. While some
wastes may not meet any listing description because
they do not originate from specific industrial or process
sources, the waste may still pose threats to human
health and the environment. As a result, a facility is
also required to determine whether such a waste
possesses a hazardous property (i.e., exhibits a
hazardous waste characteristic).
SPECIAL REGULATORY
CONVENTBONS
Once a facility generates a hazardous waste, the
waste may become mixed with other wastes, be
treated and produce residues, or even be spilled.
RCRA provides special regulatory provisions to
address the regulatory status of hazardous wastes in
these situations.
• Mixture Rule
The mixture rule is intended to ensure that
mixtures of listed wastes with nonhazardous solid
wastes are regulated in a manner that minimizes
threats to human health and the environment.
Listed Wastes
The mixture rule regulates a combination of any
amount of a nonhazardous solid waste and any
amount of a listed hazardous waste as a listed
hazardous waste (see Figure III-8). Even if a small
vial of listed waste is mixed with a large quantity of
nonhazardous waste, the resulting mixture bears the
same waste code and regulatory status as the original
listed component of the mixture, unless the generator
obtains a delisting. This is intended to prevent a
facility from mixing a listed waste with a
nonhazardous waste in order to escape having to
manage the waste as hazardous.
Characteristic Wastes
The mixture rule applies differently to listed and
characteristic wastes. A mixture involving
characteristic wastes is hazardous only if the mixture
itself exhibits a characteristic. Characteristic wastes
are hazardous because they possess one of four
unique and measurable properties. Once a
characteristic waste no longer exhibits one of these
four dangerous properties, it no longer deserves
regulation as hazardous. Thus, a characteristic waste
can be made nonhazardous by treating it to remove
its hazardous property; however EPA places certain
restrictions on the manner in which a waste can be
treated. (These restrictions will be discussed in
Section III, Chapter 6.)
Wastes Listed Solely for Exhibiting the
Characteristic of Ignitabilty, Corrosivity, and/or
Reactivity
All wastes listed solely for exhibiting the
characteristic of ignitability, corrosivity and/or
reactivity characteristic are not regulated as
hazardous wastes once they no longer exhibit a
characteristic. If a hazardous waste listed only for a
characteristic is mixed with a solid waste, the
original listing does not carry through to the
resulting mixture if that mixture does not exhibit any
111-24
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Chapter 1: Hazardous Waste Identification
hazardous waste characteristics. For example, EPA
listed the F003 spent solvents as hazardous because
these wastes typically display the ignitability
characteristic. If F003 waste is treated by mixing it
with another waste, and the resulting mixture does
not exhibit a characteristic, the F003 listing no
longer applies.
Exemptions
There are several exemptions from the mixture
rule. One exemption applies to certain listed
hazardous wastes that are discharged to wastewater
treatment facilities in very small or dg minimis
amounts. Many industrial facilities produce large
quantities of nonhazardous wastewaters as their
primary wastestreams. These wastewaters are
typically discharged to a water body or local sewer
system after being treated to remove pollutants, as
required by CWA. At many of these large facilities,
on-site cleaning, chemical spills, or laboratory
operations create relatively small amounts of
hazardous waste. For example, a textile plant
producing large quantities of nonhazardous
wastewater can generate a secondary wastestream of
listed spent solvents from cleaning equipment.
Routing such secondary hazardous wastestreams to
the facility's wastewater treatment system is a
practical way of treating and disposing of these
wastes. This management option triggers the
mixture rule, since even a very small amount of a
listed wastestream combined with very large
volumes of nonhazardous wastewater causes the
entire mixture to be listed. EPA provided an
exemption from the mixture rule for situations where
relatively small quantities of
listed hazardous wastes are routed
to large-volume wastewater
treatment systems.
Other exemptions apply to
mixtures of listed and
characteristic wastes with mining
and mineral processing that are
exempt from the definition of
hazardous waste under the Bevill
exemption. Wastes that are
hazardous via the mixture rule
can also exit Subtitle C regulation
through the delisting process.
• Derived-From Rule
Hazardous waste treatment, storage, and
disposal processes often generate residues that may
contain high concentrations of hazardous
constituents. In order to adequately protect human
health and the environment from the threats posed
by these potentially harmful wastes, the derived-
from rule governs the regulatory status of such
listed waste residues.
Figure 111-9: The Derived-From Rule
Listed Hazardous Waste
O
Any residue from the treatment,
storage, or disposal or a listed waste...
O
...is still a hazardous waste...
O
...unless the residue is derived-from a hazardous
waste that is listed solely for exhibiting the
characteristic of ignitability, corrosivity, and/or
reactivity and does not exhibit a characteristic of
hazardous waste
QL
...unless the waste is recycled to make new products
or processed to recover usable materials with
economic value (provided that product is not used in a
manner constituting disposal or burned for energy
recovery)
H-25
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Section III: Managing Hazardous Waste - RCRA Subtitle C
Listed Wastes
Residues produced from the treatment of listed
hazardous wastes may pose a significant threat to
human health and the environment. If not captured
by the waste's listing description, such waste could
escape regulation. To close this potential regulatory
gap, EPA created the derived-from rule which states
that any material derived from a listed hazardous
waste is also a listed hazardous waste (see Figure
III-9). For example, ash created by burning a
hazardous waste is considered derived-from that
hazardous waste. Thus, such ash bears the same
waste code and regulatory status as the original
listed waste, regardless of the ash's actual properties.
This principle applies regardless of the actual health
threat posed by the waste residue or the residue's
chemical composition.
Characteristic Wastes
Treatment residues and materials derived from
characteristic wastes are hazardous only if they
themselves exhibit a characteristic.
Wastes Listed Solely for Exhibiting the
Characteristic of Ignitability, Corrosivity, and/or
Reactivity
If a waste derived from the treatment, storage, or
disposal of a hazardous waste listed for the
characteristics of ignitability, corrosivity, and/or
reactivity, no longer exhibits one of those
characteristics, it is not a hazardous waste. For
example, if a sludge is generated from the treatment
of F003, and that sludge does not exhibit the
characteristic of ignitability, corrosivity, or
reactivity, the F003 listing will not apply to the
sludge.
Exemptions
There are several regulatory exemptions from
the derived-from rule. The first exemption applies
to products reclaimed from hazardous wastes. Many
listed hazardous wastes can be recycled to make new
products or processed to recover usable materials
with economic value. Such products derived-from
recycled hazardous wastes are no longer solid
wastes, provided that they are not used in a manner
constituting disposal or burned for energy recovery
(see Figure III-9). The other exemptions from the
derived-from rule apply to residues from specific
treatment operations. Wastes that are hazardous via
the derived-from rule can also exit Subtitle C
regulation through the delisting process.
• Contained-ln Policy
Sometimes listed and characteristic wastes are
spilled onto soil or contaminate equipment,
buildings, or other structures. The mixture and
derived-from rules do not apply to such
contaminated soil and materials because these
materials are not actually wastes. Soil is considered
environmental media (e.g., soil, ground water,
sediment), while the equipment, buildings, and
structures are considered debris (e.g., a broad
category of larger manufactured and naturally
occurring objects that are commonly discarded).
Examples of debris include:
• Dismantled construction materials, such as used
bricks, wood beams, and chunks of concrete
• Decommissioned industrial equipment, such as
pipes, pumps, and dismantled tanks
• Other discarded manufactured objects, such as
personal protective equipment (e.g., gloves,
coveralls, eyewear)
• Large, naturally occurring objects, such as tree
trunks and boulders.
Environmental media and debris are
contaminated with hazardous waste in a number of
ways. Environmental media become contaminated
through accidental spills of hazardous waste or spills
of product chemicals which, when spilled, become
hazardous wastes. Debris can also be contaminated
through spills. Most debris in the form of industrial
equipment and personal protective gear becomes
contaminated with waste or product chemicals
during normal industrial operations.
In order to address such contaminated media and
debris, EPA created the contained-in policy to
determine when contaminated media and debris
must be managed as RCRA hazardous wastes.
111-26
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Chapter 1: Hazardous Waste Identification
Environmental media are not, in and of
themselves, waste, but are regulated as hazardous
waste when they contain (are contaminated by) a
RCRA listed hazardous waste or exhibit a
characteristic. In these cases, the media and debris
must be managed as if they were hazardous waste.
EPA considers contaminated media or debris to no
longer contain hazardous waste when it no longer
exhibits a characteristic of hazardous waste. This
applies when the hazardous waste contained within
the media or debris is either a characteristic waste or
a waste listed solely for a characteristic. Otherwise,
when dealing with listed waste contamination, EPA
or states can determine that media and debris no
longer contain hazardous waste by determining that
the media or debris no longer poses a sufficient
health threat to deserve RCRA regulation. Once this
contained-out determination is made, the media and
debris are generally no longer regulated under
RCRA Subtitle C. However, under certain
circumstances, the RCRA LDR requirements might
continue to apply.
MIXED WASTE
RCRA specifically exempts certain radioactive
mixed materials from the definition of solid waste.
However, some radioactive material may be mixed
with hazardous wastes that are regulated under
RCRA. In addition, a facility may generate a
hazardous waste that is also radioactive. Because
the material in both of these situations contains both
radioactive material and RCRA hazardous waste, it
is referred to as mixed waste under RCRA. RCRA
and AEA regulate these mixed wastes jointly. AEA
regulates the RCRA-exempt radioactive portion and
RCRA regulates the hazardous waste portion.
Mixed waste generators include DOE, power plants,
labs, hospitals, and universities using radioactive
materials.
EPA has provided increased flexibility to
generators and facilities that manage low-level
mixed waste (LLMW) and technologically enhanced
naturally occurring and/or accelerator-produced
radioactive material (NARM) containing hazardous .
waste. The Agency is exempting LLMW from some
RCRA storage and treatment regulations, and
LLMW or eligible NARM from RCRA hazardous
waste transportation and disposal regulations. These
wastes are exempt from RCRA Subtitle C
requirements, including permitting, provided they
meet specific conditions. The exempt wastes must
then be managed as radioactive waste according to
Nuclear Regulatory Commission (NRC) regulations.
SUMMARY
In order to determine if a facility is subject to
RCRA Subtitle C, the owner and operator must
determine if they have a hazardous waste. This
determination must be made by using the following
methodology:
• Is the material a solid waste?
Is the waste excluded?
• Is the waste a listed hazardous waste?
• Is the waste a characteristic waste?
A waste must first be a solid waste before it can
be a hazardous waste. A solid waste is a waste that
is abandoned, inherently waste-like, a military
munition, or recycled. On the other hand, if a
material is directly reused without prior reclamation
by being either used as an ingredient, used as a
product substitute, or returned to the production
process, then the material is not regulated as a waste
at all. If such reused materials, however, are used in
a manner constituting disposal; burned for energy
recovery, used to produce a fuel, or contained in
fuels; accumulated speculatively; or dioxin-
containing wastes considered inherently waste like;
then they are regulated as solid wastes. If a recycled
material needs reclamation prior to direct use or
reuse, its regulatory status is determined by the type
of material that it is:
Spent materials are regulated as solid wastes
when reclaimed; used in a manner constituting
disposal; burned for energy recovery, used to
produce a fuel, or contained in fuels; or
accumulated speculatively.
• Listed sludges are solid wastes when reclaimed;
used in a manner constituting disposal; burned
for energy recovery, used to produce a fuel, or
contained in fuels; or accumulated speculatively.
I-27
-------
Section III: Managing Hazardous Waste - RCRA Subtitle C
• Characteristic sludges are not solid wastes when
reclaimed, unless they are used in a manner
constituting disposal; burned for energy
recovery, used to produce a fuel, or contained in
fuels; or accumulated speculatively.
• Listed by-products are solid wastes when
reclaimed; used in a manner constituting
disposal; burned for energy recovery, used to
produce a fuel, or contained in fuels; or
accumulated speculatively.
• Characteristic by-products are not solid wastes
when reclaimed, unless they are used in a
manner constituting disposal; burned for energy
recovery, used to produce a fuel, or contained in
fuels; or accumulated speculatively.
• CCPs are not solid wastes when reclaimed,
unless they are used in a manner constituting
disposal; or burned for energy recovery, used to
produce a fuel, or contained in fuels.
• Scrap metal is a solid waste when reclaimed;
used in a manner constituting disposal; burned
for energy recovery, used to produce a fuel, or
contained in fuels; or accumulated speculatively.
Regardless of the type of recycling that takes
place, it must be legitimate and not sham recycling.
Some kinds of materials are excluded from the
Subtitle C hazardous waste regulations. There are
five categories of exclusions:
• Exclusions from the definition of solid waste
• Exemptions from the definition of hazardous
waste
• Exclusions for waste generated in raw material,
product storage, or manufacturing units
• Exclusions for laboratory samples and waste
treatability studies
• Exclusion for dredged material.
If the waste fits one of these categories, it is not
regulated as a RCRA hazardous waste, and the
hazardous waste requirements do not apply.
If the waste is a solid waste and is not excluded,
a facility must determine if it is a listed hazardous
waste. The F, K, P, and U lists provide narrative
descriptions of wastes from specific industrial
processes and sources. Wastes meeting any of these
descriptions are listed hazardous wastes. However,
through the delisting process, facilities can
demonstrate that their wastes does not pose
sufficient hazard to warrant Subtitle C regulation as
a listed hazardous waste.
Wastes may also be hazardous if they exhibit a
characteristic. Even if a facility's waste is listed, the
owner and operator must still determine if it exhibits
a characteristic. The four characteristics are:
• Ignitability
• Corrosivity
Reactivity
• Toxicity.
There are special regulatory conventions or
provisions that apply to hazardous waste mixtures;
treatment, storage, and disposal residues; and
contaminated media and debris. These provisions
are known as the mixture rule, the derived-from rule,
and the contained-in policy.
RCRA and AEA jointly regulate mixed waste, or
waste that is radioactive, and listed or characteristic.
EPA provided a conditional exemption for low-level
mixed waste (LLMW) storage, treatment,
transportation, and disposal of mixed wastes.
11-28
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CHAPTER 2
HAZARDOUS WASTE RECYCLING
AND UNIVERSAL WASTES
- -- .- -. over assuring the proper management of hazardous
- In this chapter.., ^ - waste.
-..Overview .".. * , ii|-29 EPA has tried, to the extent possible, to develop
'- Hazardous Waste Recycling 111-29 regulations for hazardous waste management that
i ^*Full Regulation ._ .". ~ |]|-30 ' foster environmentally sound recycling and
v - Exemptions I J. ... 111-30 * conservation of resources, but at the same time
7> Special Standards „., 7. 111-31 * provide adequate protection of human health and the
^ Oil HI-31 * environment. This chapter outlines the regulations
Oil Regulation ||[-32 governing recycling of hazardous wastes, and
lj What is Used Oil?.., ] ~... ||(-32 describes special management standards for two
i'^CUsed Oil Handlers v , ,,........7111-32 ' commonly recycled wastestreams: used oil and
l^ Used Oil Management Standards IH-33 universal wastes.
_ Universal Waste „ lli-35
;^JJniversarWaste Handlers III-36 \ HAZARDOUS WASTF RFPYri IMr
«*tUniversal Waste Transporters III-36 nMAMKUUUfc WAS> 11 RECYCLING
|j Universal Waste Delation Facilities ..;......*.III-36 ] The hazardpus waste identiflcation s (as
JLQathode Ray Tubes |||-37 n discussed ^ Section ^ chapter 1} describes ^ to
- summary ,. ni-37 _ determine whether a material is a solid and
hazardous waste. How a material is regulated under
_. RCRA (i.e., whether or not it is a solid and
UVCRVIcW potentially a hazardous waste) when it is recycled
D/-M3A1. j x j 1 depends on what type of material it is, and what
RCRA hazardous wastes do not cease to be ^e of recycli is occmri If ±e led
dangerous simply because they are being reused,
recycled, or reclaimed. Many hazardous waste
recycling operations may pose serious health and ^ ^ - „ THE RECYCLING GOAL OF RCRA *
environmental hazards and should be subject to ~ ~
Subtitle C regulation Reuse recvclintr «nrf ' recyclin9' and reclamation are ways of
auouue u regulation. Keuse recycling, and managing hazardous wastes which, if properly
reclamation should be viewed instead as ways of ,• conducted, can avoid environmental hazards, protect
managing hazardous wastes which, if properly scarce natural resources, and reduce the nation's
conducted, can avoid environmental hazards, protect jeliance on raw materials and energy. While promoting
scarce natural resources, and reduce the nation's -^l8*8^ recox'e1ry ls certainlv one of the Soals of
i • ^ • , 1 ^ . RCRA, this goa does not take precedence over
reliance on raw materials and energy. Promoting . ^assuring the9proper managemePnt of hazardous waste.
reuse and recovery is certainly one of the goals of L , „
RCRA; however, this goal does not take precedence *" r"
II-29
-------
Section III: Managing Hazardous Waste - RCRA Subtitle C
material is not a solid waste, then it is not a
hazardous waste and is not subject to RCRA Subtitle
C requirements. However, if the material qualifies
as a solid and hazardous waste, it is subject to RCRA
Subtitle C jurisdiction.
Many hazardous wastes can be recycled safely
and effectively. To address the goal of encouraging
recycling while protecting human health and the
environment, EPA has tried to tailor the level of
regulation to reflect the actual hazard of the
recycling activity. In this approach to regulation,
recycling standards range from full regulation to
specialized standards to exemptions from regulation.
Handlers of hazardous waste slated for recycling
must determine what type of regulation they fall
under based on the recycling activity being
conducted and the type of material being managed.
• Full Regulation
Most recycled hazardous wastes are subject to
full hazardous waste regulation. This means that
handlers of these recyclable materials (i.e., persons
who generate, transport, or store prior to recycling)
are subject to the same regulations as handlers who
are managing hazardous wastes prior to disposal.
While management of the hazardous wastes
prior to recycling is subject to regulation, the
recycling process itself is exempt from RCRA
(except for some air emissions standards as
discussed in Section III, Chapter 5). For example, if
a facility receives hazardous spent solvents from
another facility for redistillation (heating a mixture
to separate it into several pure components), the
recycling units themselves are not subject to RCRA
design and operating standards for hazardous waste
units. However, the owners and operators of the
recycling facility must follow all applicable Subtitle
C requirements (including the requirement to obtain
a permit) for container or tank storage areas used to
store such wastes prior to recycling.
• Exemptions
Not all hazardous wastes pose the same degree
of hazard when recycled. EPA believes wastes that
may be recycled in a protective manner, or that are
addressed under other environmental regulations,
warrant exemptions from RCRA Subtitle C.
Consequently, handlers of these materials are not
subject to any hazardous waste regulations. These
exempt recyclable hazardous wastes are:
• Industrial ethyl alcohol
• Scrap metal
• Waste-derived fuels from refining processes
• Unrefined waste-derived fuels and oils from
petroleum refineries.
Industrial Ethyl Alcohol
Industrial ethyl alcohol that is reclaimed is
exempt from RCRA Subtitle C because the U.S.
Bureau of Alcohol, Tobacco and Firearms (BATF)
already regulates it from the point of generation to
redistillation.
Scrap Metal
Scrap metal that is disposed of or recycled is a
solid waste; however, it is exempt from Subtitle C
regulation when it is reclaimed (i.e., recycled to
recover metal content). This does not apply to
processed scrap metal which is excluded from
hazardous waste regulation entirely (as discussed in
Section III, Chapter 1).
Waste-Derived Fuels from Refining Processes
Fuels produced by refining oil-bearing
hazardous wastes with normal process streams at
petroleum refining facilities are exempt if such
wastes resulted from normal petroleum refining,
production, and transportation practices. For these
wastes to be considered refined, they must be
inserted into a part of the process designed to
remove contaminants. This would typically mean
insertion prior to distillation.
Unrefined Waste-Derived Fuels and Oils
Fuels produced at a petroleum refinery from oil-
bearing hazardous wastes that are introduced into the
refining process after the distillation step, or that are
reintroduced in a process that does not include
111-30
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Chapter 2: Hazardous Waste Recycling and Universal Wastes
distillation, are exempt if the resulting fuel meets the
specifications under the federal recycled used oil
standards in 40 CFR §279.11 (as discussed later in
this chapter). Oil that is recovered from hazardous
waste at a petroleum refinery and burned as a fuel is
also exempt provided it meets the used oil
specifications.
• Special Standards
While RCRA specifically exempts some wastes
when recycled, some recycling processes may still
pose enough of a hazard to warrant some degree of
regulation. However, due to the nature of the
recycling process itself or the nature of the materials
being recycled, these processes may require a
specialized set of standards. These processes are:
• Use constituting disposal
• Precious metals reclamation
• Spent lead-acid battery reclamation
Burning for energy recovery.
Use Constituting Disposal
Use constituting disposal refers to the practice of
recycling hazardous wastes by placing them on the
land or using them as ingredients in a product that
will be placed on the land. To be placed on the land,
waste-derived products must: (1) be made for the
general public's use; (2) have undergone a chemical
reaction so as to be inseparable by physical means;
and (3) meet applicable LDR treatment standards (as
discussed in Section III, Chapter 6). Once these
waste-derived products meet these standards, they
are no longer restricted from placement on the land.
Materials that do not meet these criteria remain
regulated. There are also special standards for
hazardous wastes used to make zinc micromitrient
fertilizers.
Precious Metals Reclamation
Precious metals reclamation is the recycling
and recovery of precious metals (i.e., gold, silver,
platinum, palladium, iridium, osmium, rhodium, and
ruthenium) from hazardous waste. Because EPA
found that these materials will be handled
protectively as valuable commodities with
significant economic value, generators, transporters,
and storers of such recyclable materials are subject
to reduced requirements.
Spent Lead-Acid Battery Reclamation
Persons who
generate, transport,
regenerate, collect, and
store spent lead-acid
batteries prior to
reclamation, but do not
perform the actual
reclamation, are not
subject to hazardous
waste regulation. EPA
established those provisions to encourage the
recycling of these batteries. However, owners and
operators of facilities that store spent batteries before
reclamation, other than spent batteries that are
regenerated (processed to remove contaminants and
restore the product to a useable condition), are
subject to regulation in a manner similar to
hazardous waste TSDFs. Handlers of lead-acid
batteries may also choose to manage them under the
universal waste provisions discussed later in this
chapter.
Burning For Energy Recovery
The process of recycling hazardous waste by
burning it for energy recovery may pose significant
air emission hazards. Therefore, EPA established
specific operating standards for units burning
hazardous wastes for energy recovery. These units
are known as boilers or industrial furnaces (BIFs) (as
discussed in Section III, Chapter 7).
USED OIL
In developing a hazardous waste regulatory
program to facilitate and encourage recycling,
Congress felt that certain commonly recycled
materials warranted a regulatory program of their
own. As a result, Congress and EPA created special
management standards for used oil. Under these
standards, recycled used oil is not subject to the
hazardous waste regulatory program applicable to
il-31
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Section III: Managing Hazardous Waste - RCRA Subtitle C
other recycled materials, but rather to its own
management provisions.
Used oil has certain unique properties that make
it distinct from most hazardous wastestreams. First
of all, used oil is generated by a wide range of
entities, including, but not limited to, large
manufacturing facilities, industrial operations,
service stations, quick-lube shops, and even
households. Every year privately owned automobile
and light trucks generate over 300 million gallons of
used crank case oil. Secondly, used oil is an easily
recyclable material. For example, just one gallon of
used oil provides the same 2.5 quarts of lubricating
oil as 42 gallons of crude oil. However, even used
oil that does not exhibit any characteristics of
hazardous waste can have harmful effects if spilled
or released into the environment.
• Used Oil Regulation
In an effort to encourage the recycling of used
oil, and in recognition of the unique properties and
potential hazards posed by used oil, Congress passed
the Used Oil Recycling Act in 1980. This Act
amended RCRA by requiring EPA to study the
hazards posed by used oil and to develop used oil
management standards to protect human health and
the environment. As a result, EPA developed special
recycling regulations for used oil that are completely
separate from hazardous waste recycling standards.
First, in November 1985, EPA promulgated
restrictions on the burning of used oil for energy
recovery. Second, in September 1992, EPA
developed a more comprehensive used oil recycling
program, codified in 40 CFR Part 279, that
incorporated the existing burning restrictions, and
added used oil management standards for all
facilities that handle used oil.
Since EPA's used oil program is designed to
encourage used oil recycling, Part 279 includes a
recycling presumption. This is an assumption that
all used oil that is generated will be recycled. The
recycling presumption simplifies the used oil
management system by enabling handlers to only
comply with the used oil regulations, instead of the
hazardous waste regulations. Only when the used
oil is actually disposed of or sent for disposal must
handlers determine whether or not the used oil
exhibits a characteristic of hazardous waste and
manage it in accordance with hazardous waste
regulations.
Additional information about used oil
management can be found at: www.epa.gov/
epaoswer/hazwaste/usedoil/index.htm.
• What is Used Oil?
Used oil is 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. In other words, used oil
must meet
each of the
following
three criteria:
origin, use,
and
contamination.
First, the used
oil must be .
derived from
crude oil or
synthetic oil
(i.e., derived
from coal,
shale, or polymers). Second, the oil must have been
used as a lubricant, hydraulic fluid, heat transfer
fluid, or other similar uses. Unused oil such as .
cleanout tank bottoms from virgin product fuel oil
storage is not used oil because it has not been used.
Finally, the used oil must be contaminated by
physical or chemical impurities as a result of such
use. Physical impurities could include
contamination by metal shavings, sawdust, or dirt.
Chemical impurities could include contamination by
water or benzene, or degradation of lubricating
additives.
• Used Oil Handlers
Persons who handle used oil are subject to
specific management requirements depending on the
extent of their used oil recycling activities. The
following handlers are subject to used oil
management standards:
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Chapter 2: Hazardous Waste Recycling and Universal Wastes
• Generators
Collection centers and aggregation points
• Transporters
• Transfer facilities
• Processors and rerefmers
• Marketers.
Generators
Used oil generators are persons whose act or
process produces used oil, or first causes used oil to
be subject to regulation. Examples of common
generators include car repair shops, service stations,
and metalworking industries. Individuals who
generate used oil through the maintenance of their
own personal vehicles and equipment, known as
used oil do-it-yourselfers, are not considered used
oil generators.
Collection Centers and Aggregation Points
Used oil collection centers and aggregation
points are facilities that accept small amounts (less
than 55 gallons) of used oil and store it until enough
is collected to ship it elsewhere for recycling. Used
oil collection centers typically accept used oil from
multiple sources that include both businesses and
private citizens. Used oil aggregation points collect
oil from places run by the same owner and operator
as the aggregation point, and also from private
citizens.
Transporters
Used oil transporters are persons who haul
used oil in quantities greater than 55 gallons and
deliver it to transfer facilities, rerefiners, processors,
or burners.
Transfer Facilities
Used oil transfer facilities are any structures or
areas (such as loading docks or parking areas) where
used oil is held for longer than 24 hours, but not
longer than 35 days, during the normal course of
transportation.
Processors and Rerefiners
Used oil processors and rerefiners are facilities
that process used oil so that it can be burned for
energy recovery or reused.
Burners
Used oil burners are handlers who burn used oil
for energy recovery in boilers, industrial furnaces, or
hazardous waste incinerators.
Marketers
Used oil marketers are handlers who either: (1)
direct shipments of used oil to be burned as fuel in
regulated devices (i.e., boilers, industrial furnaces,
and incinerators); or (2) claim that used oil to be
burned for energy recovery is on-specification. A
marketer must already be a used oil generator,
transporter, processor, rerefiner, or burner.
• Used Oil Management Standards
The used oil management standards apply to a
wide variety of facilities with very different business
practices. These standards are designed to establish
minimum regulations for all facilities, addressing
such practices as proper storage, transportation,
recordkeeping, and burning. These standards vary
by facility type. The most stringent requirements
apply to facilities that process or rerefine used oil.
Used oil transporters, transfer facilities, and used oil
burners are subject to a reduced set of standards.
Generators have the fewest requirements.
Used Oil as a Hazardous Waste
Because used oil mixed with hazardous wastes
increases risks to human health and the environment,
all handlers are encouraged to keep used oil from
becoming contaminated with hazardous wastes. To
prevent intentional mixing, EPA subjects mixtures of
used oil and listed hazardous waste to all applicable
hazardous waste standards.
From an enforcement point of view, however,
the Agency cannot always determine if used oil has
been mixed with a listed hazardous waste. As a
result, EPA decided to use an objective test that •• '-•
focused on the halogen level in used oil (listed sperit
1-33
-------
Section III: Managing Hazardous Waste - RCRA Subtitle C
halogenated solvents were often found to be mixed
with used oil). This objective test is known as the
rebuttable presumption. According to this test,
used oil that contains more than 1,000 parts per
million (ppm) of total halogens is presumed to have
been mixed with a listed hazardous waste, and is
therefore subject to applicable hazardous waste
regulations. A person may rebut this presumption by
demonstrating, through analysis or other
documentation, that the used oil has not been mixed
with listed hazardous waste. Nevertheless, used oil
that is known to have been mixed with a listed
hazardous waste is considered a listed hazardous
waste, regardless of the halogen level.
The principle for mixtures of used oil and
characteristic hazardous waste is somewhat
different. First, if used oil is mixed with a waste that
only exhibits the characteristic of ignitability, or is
listed solely for ignitability, and the resultant mixture
is no longer ignitable, then the mixture can be
managed as used oil, despite the inherent
characteristics that the used oil may bring to the
mixture. EPA believes that materials that are
ignitable-only should not affect the chemical
constituent or other properties of used oil when
mixed, and therefore, should not add additional risks
to human health and the environment when burned.
However, used oil mixed with a waste that is
THE REBUTTABLE PRESUMPTION
. EPA presumes that used oil which contains more than
1,000 ppm of total halogens has been mixed with a
listed hazardous waste, and is therefore subject to
applicable hazardous waste regulations, unless the
presumption can be successfully rebutted. A person
may rebut this presumption by demonstrating, through
analysis or other documentation, that the used oil has
not been mixed with listed hazardous waste. For
example, a generator has a drum of used oil
containing 2,000 ppm of halogens. Even though the
used oil was not mixed with a listed hazardous waste,
EPA will presume that is the case. The generator,
however, can rebut this presumption by demonstrating
that the high halogen level is due to mixing with
household hazardous wastes, which are not
considered hazardous under RCRA. As a result, the
drum of oil is regulated as used oil, and not as
hazardous waste.
hazardous because it exhibits one or more
characteristics of hazardous waste (other than just
ignitability), must no longer exhibit any
characteristics if it is going to be managed as used
oil.
Used Oil Contaminated with PCBs
The use and disposal of PCBs are regulated by
the Toxic Substances Control Act (TSCA). In
addition to the RCRA used oil management
standards, marketers and burners of used oil
contaminated with any quantifiable level of PCBs
are subject to the current TSCA requirements, which
provide comprehensive management standards for
such used oils.
Storage
Although different used oil handlers may have
specific management requirements for their oil, all
handlers must:
• Store used oil in tanks and containers.
Storage of used oil in lagoons, pits, or surface
impoundments is prohibited, unless these units
are subject to hazardous waste TSDF standards
(as discussed in Section III, Chapter 5)
• Clearly mark containers and tanks with the
words "Used Oil"
• Keep containers and tanks in good condition and
free of leaks
• Respond to releases of used oil from their
storage units.
Transfer facilities, processors and rerefiners, and
burners must also have secondary containment
systems to prevent oil from reaching the
environment in the event of a spill or leak.
Secondary containment consists of an oil-impervious
dike, berm, or retaining wall to contain releases, as
well as an oil-impervious floor to prevent migration.
Burning Restrictions
Levels of contamination in used oils may vary
widely, depending on different types of uses or
length of use. Recognizing this fact, EPA has
111-34
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Chapter 2: Hazardous Waste Recycling and Universal Wastes
established a set of criteria, called used oil
specifications, to evaluate the potential hazards
posed by used oil when burned for energy recovery.
Used oil that is tested and is not within these set
parameters is termed off-specification used oil.
Parameter
Arsenic
Cadmium
Chromium
Flash point
Lead
Total Halogens
Allowable Level
5 ppm maximum
2 ppm maximum
10 ppm maximum
100° F minimum
100 ppm maximum
4,000 ppm maximum
Off-specification used oil may be burned for
energy recovery, but it is strictly regulated. Such
used oil may only be burned in:
• Boilers
• Industrial furnaces
• Hazardous waste incinerators
• Generator space heaters that meet certain
operating conditions.
Conversely, used oil that meets all specification
levels, otherwise known as on-specification used
oil, is not subject to any restrictions when burned for
energy recovery. In fact, on-specification used oil is
comparable to product fuel in terms of regulation.
Once the specification determination is made, and
certain recordkeeping requirements are complied
with, the on-specification oil is no longer subject to
used oil management standards.
Recordkeeping and Reporting
Used oil transporters, transfer facilities,
processors and rerefmers, burners, and marketers are
required to obtain an EPA identification (EPA ID)
number. While generators, collection centers,
aggregation points, and those who transport their
own used oil in shipments of less than 55 gallons do
not need an EPA ID number, they may still need a
state or local permit.
Used oil transporters, processors, burners, and
marketers must also track each acceptance and
delivery of used oil shipments. Records can take the
form of a log, invoice, or other shipping document
and must be maintained for three years.
In addition, used oil processors and rerefmers
must:
• File a biennial report of used oil activity
Prepare a contingency plan detailing how
releases will be addressed
• Prepare an analysis plan describing testing
protocols at the facility
• Maintain records of shipment and deliveries of
used oil
• Maintain an operating record at the facility.
UNIVERSAL WASTE
The special management provisions for used oil
clearly eased the management burden and facilitated
the recycling of such material. EPA also discovered
that subjecting other commonly recycled materials to
hazardous waste regulation was burdensome on
many handlers of these wastes. This burden has the
potential of discouraging waste recycling by
facilities who are otherwise willing to engage in
such activity. In response to these concerns, EPA
promulgated the universal waste program, in May
1995. These requirements are codified in 40 CFR
Part 273.
The universal waste program promotes the
collection and recycling of certain widely generated
hazardous wastes, known as universal wastes.
Through this program, EPA intends to ease the
regulatory burden on the facilities that manage
universal wastes, particularly by allowing more time
for accumulation of these wastes in order to facilitate
appropriate recycling or disposal. Three types of
waste were originally covered under the universal
waste regulations: hazardous waste batteries,
hazardous waste pesticides that are either recalled or
collected in waste pesticide collection programs, and
hazardous waste thermostats. In July 1999, EPA
added hazardous waste lamps to the universal waste
regulations. In June 2002, EPA proposed to add
mercury-containing equipment. Other similar
wastes may be added to the universal waste
regulations in the future. The regulated community
may also petition the Agency to include additional
wastes in the universal waste program.
11-35
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Section III: Managing Hazardous Waste - RCRA Subtitle C
There are four types of regulated participants in
the universal waste system: small quantity handlers
of universal waste (SQHUW), large quantity
handlers of universal waste (LQHUW), universal
waste transporters, and universal waste destination
facilities.
WHAT ARE UNIVERSAL WASTES?
Universal wastes are subject to special management
jjrovjggn^ jntenfle(j to ease the management burden
and facilitate the recycling of such materials. Four
types of waste are currently covered under the
universal waste regulations: hazardous waste
batteries, hazardous waste pesticides that are either
recalled or collected in waste pesticide collection
programs, hazardous waste thermostats, and
hazardous waste lamps. More wastes may be added
to the universal waste regulations in the future', but
presently only these wastes are included.
A complete overview of the universal waste
regulations can be found at www.epa.gov/epaoswer/
hazwaste/id/univwast.htm.
• Universal Waste Handlers
There are two types of handlers of universal
waste. The first type of handler is a person who
generates, or creates, universal waste. For example,
this may include a person who uses batteries,
pesticides, thermostats, or lamps and who
eventually decides that they are no longer usable.
The second type of handler is a person who receives
universal waste from other handlers, accumulates the
waste, and then sends it on to other handlers,
recyclers, or treatment or disposal facilities without"
performing the actual treatment, recycling, or
disposal. This may include a person who collects
batteries, pesticides, or thermostats from small
businesses and sends the wastes to a recycling
facility. The universal waste handler requirements
depend on how much universal waste a handler
accumulates at any one tune.
Small Quantity Handlers of Universal Waste
Small quantity handlers of universal waste
accumulate less than 5000 kilograms (kg)
(approximately 11,000 pounds (Ibs)) of all universal
waste categories combined at their location at any
time. Accumulation time for universal wastes at any
location is limited to one year. SQHUW are
required to manage universal waste in a way that
prevents releases to the environment. SQHUW must
also immediately respond to releases of universal
waste. SQHUW must distribute basic waste
handling and emergency information to their
employees to ensure that their staff are aware of
proper handling and emergency procedures.
Large Quantity Handlers of Universal Waste
Large quantity handlers of universal waste
accumulate a total of 5000 kg or more of universal
waste at any time. The designation as a LQHUW is
retained for the remainder of the calendar year in
which the 5000-kg threshold was exceeded, and may
be reevaluated in the following calendar year.
LQHUW must comply with the same requirements
as SQHUW, as well as a few additional ones.
LQHUW must also maintain basic records
documenting shipments received at the facility and
shipments sent from the facility, must obtain an EPA
ID number, and must comply with stricter employee
training requirements.
• Universal Waste Transporters
Universal waste transporters are persons who
transport universal waste from handlers of universal
waste to other handlers, destination facilities, or
foreign destinations1. These wastes do not need to be
accompanied by a RCRA hazardous waste manifest
during transport, but transporters must comply with
applicable DOT requirements.
Transporters may store universal waste for up to
10 days at a transfer facility during the course of
transportation. Transfer facilities are transportation
related facilities such as loading docks, parking
areas, and storage areas. If a transporter keeps
universal waste for more than 10 days at one
location, the transporter is subject to all applicable
SQHUW or LQHUW regulations.
• Universal Waste Destination Facilities
Universal waste destination facilities are
facilities that treat, dispose of, or recycle a particular
il-36
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Chapter 2: Hazardous Waste Recycling and Universal Wastes
category of universal waste. These facilities are
subject to the same requirements as fully regulated
hazardous waste TSDFs. Full regulation includes
permit requirements, general facility standards, and
unit-specific standards (as discussed in Section III,
Chapter 5). The universal waste program includes
only two additional specific universal waste
requirements for destination facilities. These
requirements are procedures for rejecting shipments
of universal waste and the documentation of the
receipt of universal waste.
CATHODE RAY TUBES
Cathode ray tubes (CRTs) are vacuum tubes,
made primarily of glass, which constitute the video
display component of televisions and computer
monitors. Color CRTs are generally hazardous for
lead. Recent technological advances in information
management and communication have greatly
improved the quality of people's lives. However,
our growing use of electronic products in the home
and workplace has provided a new environmental
challenge of managing electronic waste, including
CRTs. EPA is taking steps towards meeting this new
environmental challenge by proposing an exclusion
from the definition of solid waste that would
streamline RCRA management requirements for
CRTs.
SUMMARY
EPA developed a regulatory approach to regulate
different hazardous waste recycling activities in
accordance with the degree of hazard they pose. The
three types of regulation are: full regulation,
exemptions, and special standards.
Persons who generate, transport, and store
hazardous wastes prior to recycling must manage
them in the same manner as persons who handle
hazardous wastes prior to disposal. The recycling
process itself is exempt from regulation.
Certain hazardous wastes, based on the manner
in which they are recycled, or based on regulation by
other environmental statutes, are exempt from
hazardous waste regulation. Those wastes are:
• Industrial ethyl alcohol
• Scrap metal
• Waste-derived fuels from refining processes
• Unrefined waste-derived fuels and oils from
petroleum refineries.
Some recycling processes are not fully exempt
from hazardous waste regulation, but are instead
subject to specialized standards. These processes
are:
• Use constituting disposal
• Precious metal reclamation
• Lead-acid battery reclamation (regenerated
batteries are exempt from hazardous waste
regulation entirely)
• Burning for energy recovery.
Certain commonly recycled materials are subject
to streamlined hazardous waste regulation. One type
of material, used oil, is regulated under its own
recycling program. Used oil is defined as 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 used oil recycling provisions include
management standards for used oil:
• Generators
• Collection centers and aggregation points
• Transporters
• Transfer facilities
• Processors and rerefiners
• Burners
• Marketers.
Another type of material, universal waste, is also
subject to streamlined management provisions. The
universal waste program is designed to encourage
the recycling of certain widely generated hazardous
wastes by easing the regulatory burden on persons
who handle, transport, and collect them. Universal
wastes consist of:
• Hazardous waste batteries
• Hazardous waste pesticides that are either
recalled, or collected in waste pesticide *
collection programs
1-37
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Section III: Managing Hazardous Waste - RCRA Subtitle C
• Hazardous waste thermostats
• Hazardous waste lamps.
The universal waste program includes regulatory
provisions for universal waste handlers, transporters,
and destination facilities.
111-38
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CHAPTER 3
REGULATIONS GOVERNING HAZARDOUS
WASTE GENERATORS
In this chapter...
'Overview „.... 111-39
w Who Are The Regulated Generators? 111-40
''- Large Quantity Generators".... 7. 111-40 *
I Quantity Generators „..,. 111-40
^. Conditionally Exempt Small Quantity
Generators , .?. ,1 111-41
If I Episodic Generation .", .',...„. 111-41
^^State Regulations ...*.*J.....^ ' 111-41
StCarge andSmall Quantity Generator
^Regulatory Requirements 111-41
l^ Waste HerTtification and Counting '. 111-42
S^EPA Identification Numbers 111-42
^^Accumulation of Waste I.....* '.,. 111-42 -
^^•reparatibn for Transport Regulations 111-43
*^Recorelkeeping and Reporting 111-44
•jHSojiditipnally Exempt Small Quantity
|t Generators '.!".... .., 111-45
r,. Quantity and Time Limits ~ 111-45
-" Internatiofial Shipments,.,..... x 111-45
_ - Hazardous Waste Imports '. .7."Tll-45
ff*--<-» — - - ,r- • -•—=^-*t
z^-- Hazardous Waste Exports 111-45
fcg^lriternational Treaties ', 111-46
^Egmer Exclusion ,....„„.,..„., .^.... 111-46
—^^ •" " ^-~i- - |(f_^«
I Resources 111-47
g=^— ^M
OVERVIEW
Under RCRA, hazardous waste generators are
the first link in the cradle-to-grave hazardous waste
management system. All generators must determine
if their waste is hazardous and must oversee the
ultimate fate of the waste. RCRA Subtitle C
requires generators to ensure and fully document
that the
hazardous
waste they
produce is
properly
identified,
managed,
and treated
prior to
recycling or
disposal.
The
regulations
applicable to
generators of
hazardous waste are located in 40 CFR Part 261
and Part 262. (Generators may also be subject to
LDR requirements as discussed in Section III,
Chapter 6.) The degree of regulation to which each
generator is subject depends to a large extent on
how much waste each generator produces every
calendar month. This chapter summarizes who is
considered a generator, and which standards apply
based on waste generation rates.
111-39
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Section III: Managing Hazardous Waste - RCRA Subtitle C
WHO ARE THE REGULATED
GENERATORS?
The Subtitle C regulations broadly define the
term generator to include any person, by site, who:
• First creates or produces a hazardous waste (e.g.,
from an industrial process)
OR
• First brings a hazardous waste into the RCRA
Subtitle C system (e.g., imports a hazardous
waste into the United States).
Because generators are the first step in the
RCRA Subtitle C system, it is important that they
properly classify and identify their waste to ensure
proper handling later in the hazardous waste
management process. As a result, generators of
waste must make the following determinations:
• Is the waste a solid waste?
• Is the waste excluded?
• Is the waste a listed hazardous waste?
• Is the waste a characteristic hazardous waste?
Hazardous waste generators may include various
types of facilities and businesses ranging from large
manufacturing operations, universities, and hospitals
to small businesses and laboratories. Because these
different types of facilities generate different
volumes of wastes resulting in varying degrees of
environmental risk, RCRA regulates generators
based on the amount of waste that they generate in a
calendar month. As a result, there are three
categories of hazardous waste generators:
• Large quantity generators (LQGs)
• Small quantity generators (SQGs)
• Conditionally exempt small quantity generators
(CESQGs).
• Large Quantity Generators
Early in the development of the RCRA program
in 1980, EPA recognized that a relatively small
number of large scale hazardous waste management
facilities generated the majority of the nation's
hazardous waste. In order to address the facilities
that posed the greatest threat to human health and
the environment, EPA focused on those generators
that produced the greatest volumes of hazardous
waste by establishing standards for large quantity
generators.
Large quantity generators are defined as those
facilities that generate:
• Greater than 1,000 kg of hazardous waste per
calendar month (approximately 2,200 Ibs)
OR
• Greater than 1 kg of acutely hazardous waste per
calendar month (approximately 2.2 Ibs).
In 1999, there were approximately 20,000
LQGs.
• Small Quantity Generators
The LQG regulations focused on generators
whose volume of waste posed the greatest threat to
human health and the environment. All other
generators that produced less than 1,000 kg of
hazardous waste per month (or less than 1 kg of
acutely hazardous waste per month) were initially
exempted from the RCRA generator requirements.
Because of the concern that such exempt
hazardous waste could cause environmental harm,
Congress (through HSWA) required that EPA also
regulate those small quantity generators who
produced more than 100 kg of hazardous waste.
SQGs are defined as those facilities that:
111-40
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Chapter 3: Regulations Governing Hazardous Generators
• Generate between 100 kg (approximately 220
Ibs) and 1,000 kg of hazardous waste per
calendar month
AND
• Accumulate less than 6,000 kg (approximately
13,200 Ibs) of hazardous waste at any time.
In 1999, there were approximately 125,000
SQGs.
• Conditionally Exempt Small Quantity
Generators
Until HSWA, facilities generating waste below
the 100-kg cut-off point were exempt from RCRA
regulatory requirements. HSWA resulted in a third
category of generators, CESQGs. These generators
are defined as those facilities that produce:
• Less than 100 kg of hazardous waste per
calendar month
OR
Less than 1 kg of acutely hazardous waste per
calendar month.
The CESQG requirements additionally limit the
facility's waste accumulation quantities to less than
1,000 kg of hazardous waste, 1 kg of acute
hazardous waste, or 100 kg of any residue from the
cleanup of a spill of acute hazardous waste at any
time.
In 1997, there were between 400,000 and
700,000 CESQGs.
• Episodic Generation
Because generator status is determined on a
monthly basis, it is possible that a generator's status
can change from one month to the next, depending
on the amount of waste generated in a particular
month. This is referred to as episodic generation.
If a generator's status does in fact change, the
generator is required to comply with the respective
regulatory requirements for that class of generators
for the waste generated in that particular month.
• State Regulations
State classification of generator categories may
be different from those outlined above. Some states
regulate all generators of hazardous waste (i.e.., there
is no exempt category), while other states classify
generators by waste type rather than by generated
volume. Therefore, it is imperative that generators
contact their respective state agency to determine if
state generator regulations differ from these federal
requirements.
LARGE AND SMALL QUANTITY
GENERATOR REGULATORY
REQUIREMENTS
LQGs and SQGs are subject to regulations
contained in 40 CFR Part 262 that require each
generator to:
Identify and count waste
• Obtain an
EPA ID
number
• Comply with
accumulation
and storage
requirements
(including
requirements
for training,
contingency
planning, and
emergency arrangements)
• Prepare the waste for transportation
• Track the shipment and receipt of such waste
• Meet recordkeeping and reporting requirements.
Because SQGs produce a smaller portion of the
nation's hazardous waste, Congress was concerned
that full regulation might be economically
burdensome and inappropriate. Consequently,
Congress authorized EPA to reduce the regulatory
requirements applicable to SQGs provided that such
requirements-were, still protective of human health
and the environment. This chapter fully discusses
111-41
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Sector? ///: Managing Hazardous Waste - RCRA Subtitle C
these regulatory requirements and notes the
differences between LQG and SQG regulatory
provisions.
• Waste Identification and Counting
In order to determine which generator standards
a facility must comply with, generators are required
to identify each waste that they generate and
determine all applicable listings and characteristics.
After determining which wastes are hazardous, each
month, generators are responsible for totaling (or
counting) the weight of all hazardous wastes
generated in that month in order to determine if they
will be regulated as a LQG, SQG, or CESQG for
that particular month.
• EPA Identification Numbers
One way that EPA monitors and tracks
generators is by assigning each LQG and SQG a
unique EPA ID number. If you generate, treat,
store, dispose of, transport, or offer for
transportation any hazardous waste, you must have
an ID number. Furthermore, the generator is
forbidden from offering hazardous waste to any
transporter or TSDF that does not also have an EPA
ID number. ID numbers are issued to each generator
for each individual site or facility property where
hazardous waste is generated. Generators may
request ID number application forms from their state
agency.
Additional information regarding EPA ID
numbers, including the forms and instructions can be
found at the following URL:
www.epa.gov/epaoswer/hazwaste/data/
form8700/forms.htm
• Accumulation of Waste
LQGs and SQGs are also subject to facility
waste management standards. A LQG may
accumulate hazardous waste on site for 90 days or
less. Under temporary, unforeseen, and
uncontrollable circumstances, this 90-day period
may be extended for up to 30 days by the state or
EPA on a case-by-case basis. LQGs storing
wastewater treatment sludges from electroplating
operations (F006) may store that waste for 180 or
270 days if the waste is to be recycled.
LQGs must comply with the following
requirements:
• Proper Management — The waste is properly
accumulated in containers, tanks, drip pads, or
containment buildings. Hazardous waste
containers must be kept closed and marked with
the date on which accumulation began. Tanks
and containers are required to be marked with
the words "Hazardous Waste." The generator
must ensure and document that waste is shipped
off site within the allowable 90-day period.
• Emergency Plan — LQGs are required to have
formal written contingency plans and emergency
procedures in the event of a spill or release.
• Personnel Training — Facility personnel must
be trained in the proper handling of hazardous
waste through an established training program.
Considering the lesser risks posed by the
generation of lesser quantities of hazardous waste,
SQGs are subject to less extensive facility waste
management provisions. A SQG may accumulate
hazardous waste on site for 180 days or less. SQGs
transporting hazardous waste for off-site treatment,
storage, or disposal over distances greater than 200
miles may accumulate waste for up to 270 days.
SQGs must comply with the following requirements:
• Proper Management — The waste is properly
accumulated in either tanks or containers
marked with the words "Hazardous Waste."
Containers must also be marked with the date on
which accumulation began.
« Emergency Plan — The SQG requirements
include specified emergency responses;
however, SQGs are not required to have written
contingency plans. They are required to ensure
that an emergency coordinator is on the
premises, or on-call at all times, and have basic
facility safety information readily accessible.
• Personnel Training — SQGs are not required to
have an established training program, but must
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Chapters: Regulations Governing Hazardous Generators
ensure that employees handling hazardous waste
are familiar with proper handling and emergency
procedures.
• Preparation for Transport
Regulations
Pre-transport regulations are designed to ensure
safe transportation of hazardous waste from the
point of origin to the ultimate disposal site. In
developing hazardous waste pre-transport
regulations, EPA adopted DOT's regulations for
packaging, labeling, marking, and placarding. These
DOT regulations can be found at 49 CFR Parts 172,
173, 178, and 179. DOT regulations require:
Proper packaging to prevent leakage of
hazardous waste during both normal transport
conditions and potentially dangerous situations
(e.g., if a drum falls off of a truck)
• Labeling, marking, and placarding of the
packaged waste to identify the characteristics
and dangers associated with its transport.
These pre-transport regulations only apply to
generators shipping waste off site for treatment,
storage, or disposal. Transportation on site is not
subject to these pre-transport requirements.
• The Manifest
As previously discussed, the Subtitle C program
is designed to manage hazardous waste from cradle
to grave. The Uniform Hazardous Waste Manifest
(Form 8700-22) plays a crucial part in this
management system. (A sample of the manifest can
be found in Appendix A.) The manifest allows all
parties involved in hazardous waste management
(e.g., generators, transporters, TSDFs, EPA, state
agencies) to track the movement of hazardous waste
from the point of generation to the point of ultimate
treatment, storage, or disposal. A RCRA manifest
contains the following federally required
information:
• Name, address, and EPA ID number of the
hazardous waste generator, transporter(s), and
designated facility
• DOT description of the waste's hazards
Quantities of the wastes transported and
container type.
Each manifest also contains a certification that
states:
The shipment has been accurately described and
is in proper condition for transport
• The generator has a waste minimization program
in place at its facility to reduce the volume and
toxicity of hazardous waste to the degree
economically practicable, as determined by the
generator
The treatment, storage, or disposal method
chosen by the generator is the most practicable
method currently available that minimizes the
risk to human health and the environment.
Each time a waste is transferred (e.g., from a
transporter to the designated facility or from a
transporter to another transporter), the manifest must
be signed to acknowledge receipt of the waste. A
copy of the manifest is retained by each individual in
the transportation chain. Once the waste is delivered
to the designated facility, the owner and operator of
that facility must sign and return a copy of the
manifest to the generator. This system ensures that
the generator has documentation that the hazardous
waste has arrived at its ultimate destination. To
further ensure the safe transport of hazardous waste,
a generator may not offer waste for transport unless
that transporter has an EPA ID number.
In May 2001, EPA proposed revisions to the
manifest form and regulations. EPA expects to
standardize the content and appearance of the
current manifest form so that the same form could be
used by waste handlers nationwide. Other
anticipated changes include improved tracking
procedures for problem shipments and an option to
complete, send, and store the manifest information
electronically. If finalized, the regulations for
generators and transporters in Parts 262 and 263 will
be changed to include the new manifest form.
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Section III: Managing Hazardous Waste - RCRA Subtitle C
• Recordkeeping and Reporting
The recordkeeping and reporting requirements
for LQGs and SQGs provide EPA and the states with
a method to track the quantities of hazardous waste
generated and the movement of hazardous wastes.
The generator regulations in 40 CFR Part 262
contain three primary recordkeeping and reporting
requirements:
• Biennial reporting
• Exception reporting
• Three-year record retention.
Biennial Reporting
The biennial reporting requirements are intended
to provide EPA with reliable national data on
hazardous waste management. In order to achieve
this, LQGs must submit a Biennial Report (EPA
Form 8700-13A cmdB) to the EPA Regional
Administrator or state by March 1 of each even-
numbered year. The report details the generator's
activities during the previous calendar year and
includes the:
• EPA ID number, name, and address of the
generator
• EPA ID number and name of each transporter
used throughout the year
• EPA ID number, name, and address of each off-
site TSDF and recycler to which waste was sent
during the year
• Descriptions and quantities of each hazardous
waste generated.
The federal RCRA regulations do not require
SQGs to file biennial reports.
The data from the 1999 Bienniel Report can be
found at the following URL:
www.epa.gov/epaoswer/hazwaste/data/brs99/
index.htm
Exception Reporting
The RCRA regulations ensure that the transport
of hazardous waste from its point of generation to its
point of treatment, storage, or disposal is
documented through a manifest system. This system
requires the designated facility to return a signed and
dated copy of the manifest to the generator in order
to acknowledge receipt of the waste. If the generator
does not receive this paperwork, additional steps
need to be taken in order to locate the waste. As a
result, LQGs who transport waste off site, but do not
receive a signed and dated copy of the manifest from
the designated facility within 45 days from the date
on which the initial transporter accepted the waste,
must submit an exception report to the EPA
Regional Administrator. The exception report must
describe efforts made to locate the waste and the
results of those efforts.
SQGs who do not receive a signed and dated
copy of the manifest from the designated facility
within 60 days must send a copy of the original
manifest to the EPA Regional Administrator with a
note indicating that they have not received a return
copy.
Record Retention
Generators must keep a copy of each biennial
report and any exception reports for at least three
years from the due date of the report. Generators are
also required to keep copies of all manifests for three
years, or until a signed and dated copy of the
manifest is received from the designated facility.
The manifest received from the designated facility
must be kept for at least three years from the date on
which the hazardous waste was accepted by the
initial transporter. Finally, records of waste analyses
and determinations performed by the generator must
be kept for at least three years from the date the
waste was last sent to an on-site or off-site TSDF.
These retention periods may be extended
automatically during the course of any unresolved
enforcement action regarding the regulated activity,
or as requested by the EPA Administrator.
CONDITIONALLY EXEMPT SMALL
QUANTITY GENERATORS
While CESQGs are not subject to the
requirement to obtain an EPA ID number, comply
with accumulation and storage requirements, follow
the manifest system, or meet recordkeeping and
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Chapter 3: Regulations Governing Hazardous Generators
reporting requirements, they are subject to limited
generator waste management standards. CESQGs
may also be subject to DOT requirements. CESQGs
must identify their hazardous waste, comply with
storage limit requirements, and ensure waste
treatment or disposal in an on-site or off-site:
• Permitted or interim status hazardous waste
TSDF
• State hazardous waste facility
• State permitted, licensed, or registered solid
waste disposal facility
• State MSWLF
• Recycling facility
• Universal waste facility.
QUANTITY AND TIME
LIMITS
LQGs, SQGs, and CESQGs are
subject to specific quantity and time
limits that restrict the amount of waste
that may be stored on site at any one
time, and the length of such storage.
For example, SQGs may not store more
than 6,000 kg of hazardous waste on site at
any one time, and CESQGs may not store more
than 1,000 kg of hazardous waste on site at any one
time. LQGs must move all of the waste that they
generate off site within 90 days, while SQGs have
180 days to move all waste off site. If SQGs or
CESQGs exceed their respective storage quantity
limits, or if LQGs or SQGs exceed their respective
accumulation time limits, the facility becomes a
storage facility subject to all applicable requirements
for TSDFs (including permitting) unless they have
received an accumulation time limit extension from
EPA or their state.
Recently, EPA promulgated less stringent
regulations for generators of F006 waste in order to
promote legitimate recycling of metal-bearing
electroplating sludges. As a result, large quantity
generators are allowed to accumulate F006 sludges
up to 180 or 270 days without a permit provided
they meet certain conditions.
INTERNATIONAL SHIPMENTS
Not all hazardous wastes that are managed in the
United States originate in this country. Similarly,
not all wastes generated in the United States are
managed exclusively in this country. To ensure that
such international shipments are handled in a
manner that protects human health and the
environment, RCRA contains management
provisions for both hazardous waste imports arid
exports. Because such shipments are also governed
by various international treaties and agreements, the
RCRA regulations include provisions which
implement these treaties and agreements.
Hazardous Waste Imports
Under RCRA, any person
importing a hazardous waste into
the United States from a foreign
country is subject to the hazardous
waste generator standards. As a
result, an importer is subject to all
generator requirements, including
the completion of a hazardous waste
manifest. Subpart F of Part 262
contains special instructions for importers
completing the manifest.
• Hazardous Waste Exports
RCRA also contains specific requirements for
hazardous waste exports. For example, there are
specific notification requirements for exports of
hazardous wastes that prohibit the export of
hazardous waste unless the exporter obtains written
consent from the receiving country prior to
shipment. This written consent must be attached to
the manifest accompanying each waste shipment.
To export a hazardous waste, the exporter must
notify the EPA Administrator 60 days prior to when
the waste is scheduled to leave the United States.
This notification may cover export activities
extending over a 12-month period, unless
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Section III: Managing Hazardous Waste - RCRA Subtitle C
information in the notification changes. If the
importing country agrees to accept the hazardous
waste, EPA will send an Acknowledgment of
Consent to the exporter, who may then export the
waste to the accepting country.
• International Treaties
Two international treaties may affect U.S.
hazardous waste import and export practices. They
are the Basel Convention and the Organization for
Economic Cooperation and Development (OECD)
Council Decision.
Basel Convention
The Basel Convention establishes standards for
the transboundary movement of hazardous waste,
solid waste, and municipal incinerator ash, including
notice to and written confirmation from the
receiving country prior to export. As of 2000,
approximately 155 countries were party to the
Convention. Although the United States is not
currently a party to the Basel Convention, the
Convention still affects U.S. importers and exporters
in the following manner. Parties to the Basel
Convention cannot trade Basel-covered wastes with
nonparties in the absence of a bilateral or
multilateral agreement (in this case, a separate
agreement between countries or groups of countries
to govern the transboundary movement of waste).
As a result, U.S. businesses, as a practical matter,
can only import waste from and export waste to
those Basel countries with which the U.S.
government has negotiated a separate waste trade
agreement. Those countries with which the United
States has entered into such bilateral agreements for
import and export include Canada and Mexico.
Those countries with which the United States has
entered into a bilateral agreement for import include
Malaysia, Costa Rica, and the Phillipines.
Organization for Economic Cooperation
and Development Council Decision
The OECD Council Decision is another
multilateral agreement that establishes procedural
and substantive controls for the import and export of
hazardous waste recyclables between OECD
member nations. The agreement is intended to ease
the trade of such recyclables and minimize the
possibility that such wastes will be abandoned or
handled illegally. As of 2000, there were 30 member
countries in the OECD. Since the United States is a
member of OECD and is a party to the Decision,
U.S. businesses can trade recyclables with other
member OECD nations (including those that are also
party to the Basel Convention). Please note,
however, that transboundary movement between the
United States and the countries of Canada, Mexico,
Costa-Rico, Malaysia, and the Philippines is still
governed by each individual bilateral agreement and
not by the OECD Decision.
FARMER EXCLUSION
Although a farmer may be a generator of
hazardous waste, waste pesticides disposed of on a
farmer's own property in compliance with specified
waste management requirements, including the
disposal instructions on the pesticide label, are not
subject to the generator requirements. This
exclusion is intended to prevent the double
regulation of farmers under both RCRA and the
Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA).
SUMMARY
Hazardous waste generators regulated under
RCRA fall into three categories, based on the
amount of hazardous waste generated per calendar
month:
• LQGs
• SQGs
• CESQGs.
LQGs and SQGs must:
• Identify and count waste
• Obtain an EPA ID number
• Comply with accumulation and storage
requirements (including requirements for
training, contingency planning, and emergency
arrangements)
• Prepare the waste for transportation
Track the shipment and receipt of such waste
111-46
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Chapter 3: Regulations Governing Hazardous Generators
• Meet recordkeeping and reporting requirements.
LQGs and SQGs may also be subject to LDR
requirements.
CESQGs are not subject to most of the generator
requirements applicable to LQGs and SQGs, but
they must identify their hazardous waste, comply
with storage limit requirements, and ensure waste
treatment or disposal in an on-site or off-site:
• Permitted or interim status hazardous waste
TSDF
• State hazardous waste facility
• State permitted, licensed, or registered solid
waste disposal facility
• State MSWLF
• Recycling facility
• Universal waste facility.
Any person importing hazardous waste into the
United States from a foreign country is subject to
hazardous waste generator standards. RCRA also
contains specific requirements for hazardous waste
exports. Importers and exporters must also comply
with the provisions of international trade treaties,
such as the Basel Convention and the OECD
Council Decision.
Because farmers disposing of certain pesticide
wastes on their own land are subject to regulation
under both RCRA and FIFRA, RCRA specifically
excludes such farmers from the generator
requirements.
ADDITIONAL RESOURCES
Additional information about hazardous waste
generators can be found at www.epa.gov/epaoswer/
hazwaste/gener/index.htm.
111-47
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CHAPTER 4
REGULATIONS GOVERNING HAZARDOUS
WASTE TRANSPORTERS
In this chapter...
Overview 111-49
Who Are the Regulated Transporters? 111-49
" Regulatory Requirements for Transporters 111-50
- EPA Identification Number 111-50
- The Manifest 111-50
- Handling Hazardous Waste Discharges ,. 111-51
Transfer Facilities , , • 111-51
Additional Regulatory Requirements 111-51
' Summary ; ! 111-51
OVERVIEW
Hazardous waste transporters play an integral
role in the cradle-to-grave hazardous waste
management system by delivering hazardous waste
from its point of generation to its ultimate
destination. Since such transporters are moving
regulated wastes on public roads and highways,
rails, and waterways, they are regulated not only by
RCRA, but by DOT standards as well. To avoid
regulatory discrepancies and redundant regulations,
the hazardous waste transporter regulations were
developed jointly by EPA and DOT. Although the
regulations are integrated, they are not located in the
same part of the CFR. DOT's Hazardous Materials
Transportation Act regulations are found in 49 CFR
Parts 171 -179, while the RCRA Subtitle C
transporter requirements are located in 40 CFR Part
263. This chapter summarizes only the RCRA
Subtitle C transporter regulations. Please consult the
DOT regulations for a complete understanding of
hazardous waste transporter requirements.
WHO ARE THE REGULATED
TRANSPORTERS?
A hazardous waste transporter under Subtitle
C is any person engaged in the off-site
transportation of hazardous waste within the United
States, if such transportation requires a manifest.
Off-site transportation of hazardous waste includes
shipments from a hazardous waste generator's
facility property to another facility for treatment,
storage, or disposal. Regulated off-site
transportation includes shipments of hazardous
waste by air, rail, highway, or water.
Transporter regulations only apply to the off-site
transport of hazardous waste. The transporter
regulations do not apply to the on-site transportation
of hazardous waste within a facility's property or
boundary. On site refers to geographically
contiguous properties, even if the properties are
separated by a public road. Consequently, a facility
may ship
wastes
between two
properties
without
becoming
subject to the
hazardous
waste
transporter
regulations,
provided that
the properties
are
contiguous.
111-49
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Section III: Managing Hazardous Waste - RCRA Subtitle C
Transporter requirements do apply to shipments
between noncontiguous properties that require travel
on public roads. Examples of such on-site
transportation include generators and TSDFs
transporting waste within'their facilities, or on their
own property.
REGULATORY REQUIREMENTS
FOR TRANSPORTERS
A transporter of hazardous waste is subject to
several regulations under RCRA and must:
• Obtain an EPA ID number
• Comply with the manifest system
• Properly handle hazardous waste discharges.
• EPA Identification Number
One way that EPA keeps track of hazardous
waste transporters is by requiring each transportation
company to obtain an EPA ID number. Without this
ID number, the transporter is forbidden from
transporting hazardous waste. Unlike generator EPA
ID numbers, which are site-specific, transporter
numbers are assigned to the transportation company
as a whole. This means that each individual truck
does not receive a unique number, but rather, uses
the number issued to the company's headquarters
location.
• The Manifest
With the exception of water and rail shipments
and the transport of certain SQG recycling wastes, a
transporter may not accept hazardous waste from a
generator unless the waste is
accompanied by a properly
prepared manifest. Upon
receiving the waste, the transporter
must sign and date the manifest to
acknowledge receipt and return a
copy to the generator before
leaving the generator's property. A
copy of the manifest must
accompany the shipment of the
waste at all times. Once a transporter has accepted a
waste, the transporter is required to deliver the entire
quantity of waste to the next designated transporter
or to the designated facility. Upon turning the waste
over to another transporter or to the designated
facility, the transporter is required to have the
manifest signed and dated by the recipient. All
transporters are required to keep a signed copy of the
manifest for three years from the date the initial
transporter accepted the waste. If the waste cannot
be delivered as the manifest directs, the transporter
must contact the generator and receive further
instructions on whether to return the waste or take it
to another facility.
These manifest requirements are slightly
different for water and rail transporters. Water and
rail transporters must comply with the directions on
the manifest, obtain an EPA ID number, and must be
listed on the manifest, but the manifest is not
required to physically accompany the waste
shipment at all times. Instead, both water and rail
transporters can use another shipping document
instead of the manifest, providedithat it contains the
same information as the manifest (excluding the EPA
ID number, generator certification, and signatures).
The initial water or rail transporter must sign and
date the manifest or shipping document and ensure
that it reaches the designated facility, and the final
water or rail transporter must ensure that the owner
and operator of the designated facility signs the
manifest or shipping paper. Intermediate water and
rail transporters are not required to sign the manifest
or shipping paper.
Because one of the primary goals of RCRA is to
foster resource recovery and recycling, the
transporter regulations contain a special exemption
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Chapter 4: Regulations Governing Hazardous Waste Transporters
from the manifest requirements for transporters who
handle certain recycled (or reclaimed) wastes
generated by SQGs. This exemption is intended to
facilitate the recycling of small quantities of
hazardous wastes that are transported in a protective
manner. To qualify for this exemption, the waste
must be reclaimed under a contractual agreement
between the SQG and a recycling facility. The
agreement must specify the type of waste reclaimed
and the frequency of shipments. In addition, the
vehicle used to transport the waste must be owned
and operated by the recycling facility. Both the
generator and transporter are responsible for keeping
a copy of the reclamation agreement on file for three
years after the agreement ends.
In May 2001, EPA proposed revisions to the
manifest form and regulations. EPA expects to
standardize the content and appearance of the
current manifest form, Forms 8700-22 and 22a, so
that the same form could be used by waste handlers
nationwide. Other anticipated changes include
improved tracking procedures for problem.
shipments and an option to complete, send, and store
the manifest information electronically. If finalized,
the regulations for generators and transporters in
Parts 262 and 263 will be affected by this proposal.
• Handling Hazardous Waste
Discharges
Even though the regulations are designed to
ensure that hazardous waste shipments are
conducted safely, the transportation of hazardous
waste can still be dangerous as there is always the
possibility that an accident may occur. To address
this possibility, the regulations require transporters
to take immediate action to protect human health
and the environment if a release occurs (e.g.,
notifying local authorities and diking the discharge
area). When a serious accident or spill occurs, the
transporter must notify the National Response
Center (NRC) by phone. The Centers for Disease
Control (CDC) must also be informed if the spill
involves disease-causing agents.
The regulations also authorize certain federal,
state, or local officials to handle transportation
accidents. Specifically, if immediate removal of
waste is necessary to protect human health or the
environment, one of these officials may authorize a
nonmanifested removal of the waste by a transporter
without an EPA ID number.
TRANSFER FACILITIES
Transporters accepting hazardous waste from a
generator or another transporter may need to hold
waste temporarily during the normal course of
transportation. A transfer facility is defined as any
transportation-related facility, such as loading docks,
parking areas, storage areas, and other similar areas
where shipments are held during the normal course
of transportation. A transporter may hold waste at a
transfer facility for up to 10 days.
ADDITIONAL REGULATORY
REQUIREMENTS
Even though transporters are regulated under
Part 263 of the RCRA regulations and DOT
provisions, there are certain situations when a
transporter may be subject to additional RCRA
regulatory requirements. For example, if a
transporter stores waste at a transfer facility for
more than 10 days, the transfer facility becomes a
storage facility subject to all applicable requirements
for TSDFs (including permitting).
In other situations, a transporter may be subject
to RCRA hazardous waste generator requirements.
For example, transporters may import hazardous
waste into the United States, thus causing the waste
to become subject to the RCRA regulations. Also,
transporters may mix separate hazardous wastes
with different DOT shipping descriptions into a
single container, thus physically producing a
hazardous waste. In these instances, transporters are
responsible for complying with the RCRA hazardous
waste generator provisions (as discussed in Section
III, Chapter 3).
SUMMARY
A regulated transporter is defined under Subtitle
C as any person engaged in the off-site
11-51
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Section III: Managing Hazardous Waste - RCRA Subtitle C
transportation of hazardous waste, if such
transportation requires a manifest. The transporter
regulations do not apply to the on-site transportation
of hazardous waste within a facility's property
boundary.
Transporters of hazardous waste must comply
with both EPA and DOT regulations. The RCRA
Subtitle C regulations require a transporter to:
• Obtain an EPA ID number
• Comply with the manifest system
• Properly handle hazardous waste discharges.
During the normal course of transportation,
transporters may hold waste temporarily (for up to
10 days) at a transfer facility.
Transporters of hazardous waste may also be
subject to Subtitle C generator or storage facility
requirements (e.g., if the transporter stores waste at
a transfer facility for more than 10 days or imports
hazardous waste into the United States).
11-52
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CHAPTER 5
REGULATIONS GOVERNING TREATMENT,
STORAGE, AND DISPOSAL FACILITIES
chapter...
- yVaste Piles [[[ 111-71
~"V_ Miscellaneous Units ..... . ..... '. .......................... IH-73
Overview ,„., ,
is a fSDF? ...' .„..?„;
^ and Interim Status .
--. Exemptions >
General Facility Standards
^TEPA~ldentification Numbers
*"£; ,Waste Analysis .„., ;••-»,••,•
'- - Security , ,
j*X Inspection Requirements ,.,.
Kfejs, Personnel Training „
!sr= Requirements for Ignitable, Reactive, or
^i—»incompatible Waste < „.*.
gw,- Location Standards
-Preparedness and Prevention
Contingency Plans and Emergency
jTProcedures ,
IrT Contingency Plan „..„
^ -~ Emergency Coordinator.,
- Emergency Procedures
,,. JMgOJfest, Recordkeeping, and Reporting
K - Manifest
- Operating Record
\ -'"Biennial Report ....*
- Additional Reports
^Standards for Hazardous Waste Treatment
,," - > c t
Storage, and Disposal Units
•• - Containers ,
- Containment Buildings
- Drip Pads „ ,, ,....
- Land Treatment Units ,
- Landfills. , ,'
, - Surface Impoundments
- Tanks '...,.
111-53
111-54
' 111-54
111-55
" 111-56
111-57
NI-57
•
111-58
111-58
111-58
* 111-58
IJI-58
|ll-59
Tll-59
111-59'
111-59
111-59
fil-59
111-60
HI-60 "
111-60
111-61
III-62
III-64
III-65
III-69
- Closure Requirements .................................. 111-75
3__ ™ *. j» , -SL „ —
- Post-Closure Requirements ................ . ......... 111-77
_^ " *f- \<-~}f&ar*~~i?&- *- rs~- T-IT ' f.
jFjnancialj^ssurance ......................................... 111-78
- Financial Assurance for Closure/
Pqst-Closure Care ............ '. ................. . ......... 111-78
^ - Accident jJability Requirements .................... IH-79
- FJnanciaiLAsfurance Mechanisms ................ 1 1 1-79
^GraundWaterJIpnitorjng ................. „ .............. 111-80
- deneral Requirements ....................... , .......... 111-80
sfcWflMtrtWSK •*_-., .« ( •- .. i . — ~
- - Permitted Facilities.. ................. . .................... 111-80
vyawwBwar'""' *~ '"Kur" «.-< i' ^ •••••••• .^.... •••^^^
^Interim Status Facilities ................................. 111-84
.jjjIW: aS.AiWiiijitT.iStrfb ihi _p f& * ^ -~ ^
_Air Emission Standards ...... . ............................. 111-85
-^P/ocessVents ....... ... ................................ ..... 111-86
^'Jiqufprhent Leaks .... ...................................... . flf-86
^ - JUc;Dtein§rs, Surface Impoundments, and
« ^ tanks ....................... . ............. . ..... .... .............. 111-86
_^ |atL%Bequirements ... .......... ,..„ ........ . .......... 111-87
Summary ...................................... , ................... 111-87
OVERVIEW
Treatment, storage, and disposal facilities
(TSDF) are the last link in the cradle-to-grave
hazardous waste management system. The
requirements for TSDFs, located in 40 CFR Parts
264 and 265, are more extensive than the standards
for generators and transporters. They include
general facility operating standards, as well as
standards for the various types of units in which
hazardous waste is managed. General facility
standards address good management practices for
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Section III: Managing Hazardous Waste - RCRA Subtitle C
any facility engaged in hazardous waste
management. The technical standards go beyond
these requirements to ensure that all elements of the
TSDF are constructed and operated to prevent leaks
of hazardous waste into the environment. The
technical standards also address the diversity of
hazardous waste operations being conducted around
the country by guiding facilities in the proper design,
construction, operation, maintenance, and closure of
a variety of hazardous waste treatment, storage, and
disposal units. These unit standards include
requirements for a wide range of hazardous waste
management units, from containers (e.g., 55-gallon
drums) to landfills, in order to ensure that these units
handle waste safely and effectively.
WHAT IS A TSDF?
With some exceptions, a TSDF is a facility
engaged in one or more of the following activities:
• Treatment - Any method, technique, or process
designed to physically, chemically, or
biologically change the nature of a hazardous
waste
• Storage — Holding hazardous waste for a
temporary period, after which the hazardous
waste is treated, disposed of, or stored elsewhere
• Disposal - The discharge, deposit, injection,
dumping, spilling, leaking, or placing of any
solid or hazardous waste on or in the land or
water. A disposal facility is any site where
hazardous waste is intentionally placed and
where the waste will remain after a TSDF stops
operation.
To help owners and operators of new and
existing TSDFs comply with new RCRA
regulations, RCRA divides them into two categories:
permitted (new) and interim status (existing).
• Permits and Interim Status
When Congress enacted RCRA in 1976, it
directed EPA to develop standards for new TSDFs
(those built after the standards were established) and
for facilities that were already in operation.
Congress further required that the standards for both
new and existing facilities differ only where
absolutely necessary.
New TSDFs, those facilities constructed after
the regulations were promulgated, must be designed
and built to meet the standards EPA deemed
necessary to protect human health and the
environment. To handle hazardous waste, a new
facility must obtain a permit, in accordance with
provisions in 40 CFR Part 270, before it begins
operation. These facilities are called permitted
facilities. (Permitting is fully discussed in Section
III, Chapter 8.) The permit lays out the standards
and requirements applicable to the specific activities
conducted at that facility, including both the general
facility standards and the standards applicable to
each type of unit at the facility. The requirements
for these facilities are located in 40 CFR Part 264.
On the other hand, facilities already in existence
and operating may not immediately be able to meet
the design and operating standards for new facilities.
For example, when RCRA was enacted, existing
hazardous waste management facilities immediately
became subject to regulation, while other existing
facilities managing nonhazardous waste were
brought into RCRA by regulatory changes that made
these wastes hazardous. For both sets of TSDFs,
EPA created a special category of regulations to
allow these facilities to gradually come up to speed
with the standards for permitted facilities. These
facilities are called interim status facilities. While
in interim status, facilities must comply with these
separate standards, which are often less stringent
than the standards for permitted facilities and are not
tailored to individual sites, until they receive their
permit. The requirements for these facilities are
located in 40 CFR Part 265.
While the standards for permitted facilities are
often similar to those for interim status facilities,
there are circumstances where the standards for new
facilities would be impracticable for existing
facilities to implement immediately. This chapter
will focus primarily on the standards for permitted
facilities, contrasting them with the standards for
interim status facilities where appropriate.
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Chapter 5: Regulations Governing Treatment, Storage, and Disposal Facilities
• Exemptions
In order to promote certain beneficial activities
or to avoid overlapping with the requirements of
other parts of RCRA or other environmental laws,
RCRA exempts certain types of facilities or
operations from the standards for permitted and
interim status TSDFs.
Permits-by-Rule
Facilities that have permits for certain activities
under other environmental laws may qualify for a
special form of a RCRA permit, known as a permit-
by-rule. These activities include ocean disposal of
hazardous wastes regulated under the Marine
Protection, Research, and Sanctuaries Act
(MPRSA); underground injection of hazardous
wastes regulated under the Safe Drinking Water Act
(SDWA); and treatment of hazardous wastewaters in
a POTW regulated under CWA. Under this
exemption, the facility's non-RCRA permit serves in
place of a RCRA permit, provided the facility is in
compliance with that permit and other basic RCRA
administrative requirements. (Permits-by-rule are
fully discussed in Section III, Chapter 8.)
Conditionally Exempt Small Quantity Generator
Waste
Facilities that treat (including recycle), store, or
dispose of only hazardous waste generated by
CESQGs are excluded from the TSDF standards.
RCRA requires that such facilities be permitted,
licensed, or registered by the state to handle
nonhazardous industrial or municipal solid waste, or
qualify as a recycling facility. (CESQGs are fully
discussed in Section III, Chapter 3.)
Recyclable Materials
RCRA provides separate, reduced regulations
for TSDFs recycling certain materials. These
recycling facilities are generally exempt from the
TSDF standards, but may be required to comply
with streamlined hazardous waste management
requirements. These reduced provisions apply to
facilities recycling:
• Precious metals
• Lead-acid batteries
• Used oil
• Hazardous waste burned in boilers and industrial
furnaces.
For other recyclable materials, there are no
special requirements. For example, facilities
recycling the following materials are exempt from
all TSDF standards:
• Industrial ethyl alcohol
Used batteries returned to the manufacturer for
regeneration
• Scrap metal
Fuels produced from refining oil-bearing
hazardous wastes
• Oil reclaimed from hazardous waste.
(Recyclable materials are fully discussed in
Section III, Chapter 2.)
Generators
Generators accumulating waste on site in
accordance with the generator regulations do not
need a permit and do not have to comply with the
permitted TSDF standards. They must comply with
only those interim status standards specified in the
generator regulations. On the other hand, if SQGs
or CESQGs exceed their respective storage limits, or
if LQGs or SQGs exceed their respective
accumulation time limits, the facility becomes a
storage facility subject to all applicable requirements
for TSDFs (including permitting). (Generators are
fully discussed in Section III, Chapter 3.)
Farmers
Farmers disposing of pesticide wastes on their
own property in compliance with the disposal
instructions on the pesticide label are also not
subject to the TSDF standards. Congress did not
want to regulate farmers under both RCRA and
FIFRA. Therefore, farmers meeting these
management conditions are exempt from the TSDF
standards.
11-55
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Section III: Managing Hazardous Waste - RCRA Subtitle C
Totally Enclosed Treatment Units
Totally enclosed treatment units (TETUs) are
designed and constructed to eliminate the potential
for hazardous wastes to escape into the environment
during treatment. If directly connected to an
industrial production process, and treatment
prevents the release of hazardous constituents into
the environment, TETUs are exempt from the TSDF
standards.
Elementary Neutralization Units
Elementary neutralization units (ENUs) are
containers, tanks, tank systems, transportation
vehicles, or vessels that neutralize wastes that are
hazardous only for exhibiting the characteristic of
corrosivity (D003). Neutralization in such units is
exempt from the TSDF standards. However,
neutralization in other types of units is regulated.
Wastewater Treatment Units
Wastewater treatment units (WWTUs) are
tanks or tanks systems that treat hazardous
wastewaters and discharge them pursuant to CWA
(e.g., the discharge is sent to a POTW or to surface
water under a NPDES permit). Such units are
exempt from the TSDF regulations.
Emergency Response
Treatment, storage, and disposal activities that
are part of an emergency response action taken to
immediately contain or treat a spill of hazardous
waste are exempt from TSDF standards. On the
other hand, any treatment, storage, or disposal after
the emergency situation has passed is subject to full
regulation. Likewise, any hazardous waste
generated during an emergency action must be
managed in accordance with the generator standards.
Transfer Facilities
A transfer facility is a transportation-related
facility, including loading docks and parking and
storage areas, where shipments of hazardous waste
are temporarily held during the normal course of
transportation. A transfer facility temporarily
storing a manifested shipment of hazardous waste
for less than 10 days before transfer to the next
designated facility is not subject to the TSDF
standards. On the other hand, if transporter storage
at a transfer facility exceeds 10 days, the transfer
facility becomes a storage facility subject to all
applicable requirements for TSDFs (including
permitting). (Transfer facilities are fully discussed
in Section III, Chapter 4.)
Adding Absorbent
Because liquid hazardous wastes are not allowed
in a landfill, absorbents must be added to the
container to remove the visible liquids. Adding
absorbent to hazardous waste may be considered
hazardous waste treatment, thus triggering the TSDF
standards. However, to promote the reduction of the
amount of liquid hazardous waste sent to landfills,
the regulations for hazardous waste treatment do not
apply to a facility adding absorbent to waste when
the waste is first put into a container. Subsequent
addition of absorbent is not covered under this
exemption and may be considered treatment subject
to the TSDF standards.
Universal Waste Handlers
Handlers and transporters of recycled batteries,
pesticides, mercury thermostats, and lamps are
exempt from the TSDF standards. (Universal wastes
are fully discussed in Section III, Chapter 2.)
GENERAL FACILITY STANDARDS
If a TSDF is not exempt under any of these
provisions, then it must comply with the standards
for fully regulated TSDFs. These standards cover
good management practices, including keeping track
of the amount and type of wastes entering the
facility, training employees to safely manage
hazardous waste, and preparing to avoid hazardous
waste emergencies.
• EPA Identification Numbers
As with generators and transporters of
hazardous waste, TSDF owners and operators are
required to notify EPA of the types of hazardous
waste they plan to treat, store, or dispose of by
applying for an EPA ID number.
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Chapter 5: Regulations Governing Treatment, Storage, and Disposal PacMJ&s
• Waste Analysis
To keep track of the wastes being sent for
treatment, storage, or disposal, TSDF owners and
operators must analyze waste shipments. The
TSDF's permit will list the types of hazardous waste
that a facility is allowed to treat, store, or dispose.
Analyzing the waste received ensures that the
facility only handles wastes they are permitted to
handle, and ensures that the wastes are treated,
stored, or disposed properly. A waste analysis plan
outlines the procedures necessary to ensure proper
treatment, storage, or disposal. The plan must be
written, kept on site, and answer six basic questions:
• How will the TSDF know if the waste received
is the same as that described on the manifest?
• Which waste constituents should the TSDF
analyze?
• How should the samples be taken?
• What testing and analytical methods should the
facility use?
How often should the waste be retested?
• What are the acceptance and rejection criteria
for each wastestream?
The waste analysis must be repeated
periodically to ensure that the information on a
given waste is accurate and current. At a minimum,
the waste analysis must be repeated when the TSDF
is notified or has reason to believe that the process
or operation generating the hazardous waste has
changed, and when inspection indicates that the
hazardous waste received does not match the
information on the accompanying manifest.
• Security
Security provisions are intended to prevent
accidental or unauthorized entry into the active
portion of a facility (i.e., where hazardous waste is
treated, stored, or disposed). Unless the TSDF
owner and operator demonstrates to the
implementing agency that livestock or unauthorized
persons who enter the facility will not be harmed
and will not interfere with compliance with the
regulations, the facility must install the following
security measures:
• A 24-hour surveillance system that continuously
monitors and controls entry onto the active
portion of the facility (e.g., television
monitoring, guards)
OR
• An artificial or natural barrier (e.g., a fence) that
completely surrounds the active portion of the
facility and serves as a means to control entry to
the active portion of the facility at all times
through gates or entrances
• A sign reading: "Danger — Unauthorized
Personnel Keep Out" at each entrance to the
active portion of the facility. The sign must be
written in English and any other language that is
predominant in the area surrounding the facility.
Alternative language conveying the same
message may also be used.
• Inspection Requirements
To make sure that the facility is operating
properly, the TSDF owner and operator must
visually inspect the facility for malfunction,
deterioration, operator errors, and leaks. The
inspections should follow a written inspection
schedule developed and followed by the owner and
operator. The schedule identifies the types of
problems to be checked and how often inspections
should be conducted. Areas where spills are more
likely to occur, such as loading and unloading areas,
must be inspected daily when in use. Unit-specific
inspections or requirements also must be included in
the schedule. The owner and operator must record
inspections in a log or summary and must remedy
any problems identified during inspections.
• Personnel Training
To ensure that employees at the facility
understand the risks posed by management of
hazardous waste and are prepared to respond in case
of an emergency, TSDF owners and operators must
provide training. The training program must be :
completed six months from the date the facility is
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Section III: Managing Hazardous Waste - RCRA Subtitle C
subject to the TSDF standards, or six months after
the date a worker is newly employed. This training
program must be reviewed annually.
• Requirements For Ignitable, Reactive,
or Incompatible Waste
To avoid dangerous accidents, fires, or
explosions, special care must be taken in handling
ignitable, reactive, or incompatible wastes. TSDF
owners and operators handling ignitable and reactive
wastes must be able to demonstrate that these wastes
are protected from ignition sources. Such protection
includes "No Smoking" signs placed where ignitable
and reactive wastes are stored, designation of
separate smoking areas, and additional handling
requirements. Similarly, owners and operators must
take precautions against the combined storage of
wastes that might react dangerously with one
another, or with the unit in which they are stored.
Such a reaction might be a fire or explosion, or the
release of toxic dusts, gases, or fumes. To determine
if particular wastes or storage units are compatible,
the RCRA regulations list some common potentially
incompatible wastes (40 CFR Part 264, Appendix
V). For compatibility of wastes not listed in the
regulations, the owner or operator may need to test
the waste and the unit for compatibility.
• Location Standards
Certain types of terrain may increase the dangers
associated with managing hazardous waste. To
protect people and the environment around these
areas, RCRA imposes restrictions on where TSDFs
can be built. The location standards for building
new TSDFs include restrictions on siting TSDFs in
floodplains or earthquake-sensitive areas.
Additionally, TSDF owners and operators may not
place noncontainerized or bulk liquid hazardous
waste in a salt dome, salt bed formation, or
underground mine or cave. Congress has granted
one exception to this rule: DOE's Waste Isolation
Pilot Project (WIPP) in New Mexico.
PREPAREDNESS AND
PREVENTION
The preparedness and prevention standards are
intended to minimize and prevent emergency
situations at TSDFs, such as a fire, an explosion, or
any unplanned release of hazardous waste or
hazardous waste constituents to the air, soil, or
surface water. These regulations require
maintenance and routine testing of emergency
equipment, alarms, minimum aisle space (to
accommodate movement of personnel and
equipment during emergencies), and provisions for
contacting local authorities (police, fire department,
hospitals, and emergency response teams) involved
in emergency responses at the facility.
CONTINGENCY PLANS AND
EMERGENCY PROCEDURES
Because emergencies cannot always be avoided,
a TSDF must be prepared to respond. Contingency
plans and emergency procedures provide the owner
and operator with mechanisms to respond effectively
to emergencies. The goal of these requirements is to
minimize hazards resulting from fires, explosions, or
any unplanned release of hazardous waste or
constituents to air, soil, or surface water. To help
guide these activities, the owner and operator must
maintain a written contingency plan at the facility,
and must carry out that plan immediately in the
event of an emergency.
• Contingency Plan
The contingency plan describes emergency
response arrangements with local authorities and
lists the names, addresses, and telephone numbers of
all facility personnel qualified to work with local
authorities as emergency coordinators. Where
applicable, the plan might also include a list of
emergency equipment and evacuation plans. If the
owner and operator has already prepared an
emergency or contingency plan in accordance with
other regulations (e.g., the Spill Prevention, Control,
and Countermeasures (SPCC) rules as discussed in
• Section VI, Chapter 1), they can amend the existing
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Chapter 5: Regulations Governing Treatment, Storage, and Disposal Facilities
plan to incorporate hazardous waste management
provisions.
The contingency plan must be reviewed and
amended when the applicable regulations or facility
permits are revised, if the plan fails in an
emergency, or when there are changes to the facility,
the list of emergency coordinators, or the list of
emergency equipment. A copy of the contingency
plan (and any revisions) must be maintained at the
facility and provided to all local authorities who
may have to respond to emergencies.
• Emergency Coordinator
To guide emergency response activities, the
TSDF owner and operator must designate an
emergency coordinator. The emergency coordinator
is responsible for assessing emergency situations
and making decisions on how to respond. There
must be at least one employee either on the facility
premises or on call with the authority to commit the
resources needed to carry out the contingency plan.
• Emergency Procedures
During an emergency, measures must be taken to
ensure that fires, explosions, and releases do not
occur, recur, or spread. In the event of an imminent
or actual emergency situation, the emergency
coordinator must immediately activate internal
facility alarms or communication systems and notify
appropriate state and local authorities. If the
coordinator determines that the emergency threatens
human health or the environment outside of the
facility and finds that evacuation of local areas may
be advisable, the coordinator must notify appropriate
authorities, and either the designated government
official for the area or the National Response Center.
MANIFEST, RECORDKEEPING,
AND REPORTING
To keep track of hazardous waste activities,
TSDF owners and operators must keep records and
make reports to EPA. The manifest system tracks
each off-site shipment of hazardous waste. The
operating record and biennial report detail facility
and waste management over time.
• Manifest
When a waste shipment is received from off site,
the TSDF owner and operator must sign and date all
copies of the manifest to verify that the waste has
reached the appropriate designated facility. The
TSDF must keep a copy for its records and send a
copy to the generator within 30 days to verify that
the waste has been accepted. If the owner and
operator of a TSDF must send the waste to another
TSDF for further treatment or disposal, they must
initiate a new manifest.
• Operating Record
To keep track of hazardous waste activity at the
facility, the owner and operator is required to keep,
until the facility closes, a written operating record
on site describing all waste received; methods and
dates of treatment, storage, and disposal; and the
wastes' location within the facility. All information
should be cross-referenced with the manifest
number. Other information that the TSDF must keep
in its operating record includes:
• Waste analysis results
• Details of emergencies requiring contingency
plan implementation
• Inspection results (required to be kept for three
years).
While most records may be kept on computer or
microfiche, the TSDF owner and operator must keep
original, signed copies of all manifests for
inspection purposes. All records and plans must be
available for inspection.
• Biennial Report
To track hazardous waste activity nationwide,
RCRA requires TSDFs to report to EPA the types
and amounts of hazardous wastes generated,
received, treated, stored, and disposed. TSDFs that
generate hazardous waste through the course of on-
site treatment, storage, or disposal must also
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Section III: Managing Hazardous Waste - RCRA Subtitle C
describe waste minimization efforts taken to reduce
the volume and toxicity of wastes generated, as well
as describe the changes in volume or toxicity
actually achieved, compared with those achieved in
previous years. Reports are due to the EPA Regional
Administrator on March 1 of each even-numbered
year, and must detail the waste managed during the
previous (odd-numbered) year. For example, the
biennial report covering 2001 activities would be
due March 1,2002. Additionally, some states may
require submission of such reports annually. Each
owner and operator should consult their state agency
for more specific biennial reporting information.
• Additional Reports
Other reports that must be supplied to the
implementing agency include, but are not limited to,
reports of releases, fires and explosions, ground
water contamination and monitoring data, and
facility closure information. Spills may also trigger
reporting requirements under CERCLA, and the
Emergency Planning and Community Right-to-
Know Act (EPCRA). (CERCLA and EPCRA are
fully discussed in Section VI.)
STANDARDS FOR HAZARDOUS
WASTE TREATMENT, STORAGE,
AND DISPOSAL UNITS
Hazardous waste managed at TSDFs may be
treated, stored, or disposed of in several different
types of units. In order to ensure that hazardous
wastes are managed properly and in a safe manner,
RCRA imposes design, construction, operation,
maintenance, closure, and financial assurance
requirements on hazardous waste management units.
Some of these units treat, store, or dispose of
hazardous waste in or on the ground. Because these
land-based units (i.e., land treatment units, landfills,
surface impoundments, and waste piles) manage
waste directly on the land, they have the potential to
generate hazardous leachate that can pose a serious
threat to soil, surface water, ground water, and
human health and the environment.
To minimize the potential for leachate to
threaten human health and the environment, EPA
developed design and operating standards that use a
combination of different technologies and good
operating practices to detect, contain, and clean up
any leaks that might occur.
Waste management not only has the potential to
threaten ground water, surface water, and soil, but air
as well. In order to minimize the risks that
hazardous waste management poses to air, RCRA
includes standards to control air emissions from
certain hazardous waste management operations and
units.
• Containers
Containers are one of the most commonly used
and diverse forms of hazardous waste storage. A
container is any portable device in which a material
is stored, transported, treated, or otherwise handled.
Examples of hazardous waste containers include, but
are not limited to: 55-gallon drums, large tanker
trucks, railroad cars, small buckets, and test tubes.
When EPA promulgated the unit-specific
requirements for hazardous waste containers, the
Agency emphasized that although mismanagement
of containers has caused severe contamination in the
past, relatively few regulations would be needed to
ensure proper management. As a result, the
container standards consist of very streamlined and
basic management requirements.
Design Standards
Containers must be in good condition.
Containers that are deteriorating (e.g., cracked,
rusted, or leaking) cannot be used. Waste stored in
defective containers must be transferred to
containers in good condition or managed in another
type of unit.
Operating Requirements
To prevent containers from spilling their
contents, containers holding hazardous waste must
be kept closed, except when adding or removing
waste. In addition, containers must not be handled,
opened, or stored in a way that might cause them to
leak.
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Chapters: Regulations Governing Treatment, Storage, and Disposal Facilities
Inspections
In order to ensure that containers are being
managed in compliance with these regulations,
owners and operators must visually inspect
container storage areas at least weekly for leaking
and deteriorating containers.
Release Prevention and Response
To further prevent releases of hazardous waste
into the environment, containers holding liquid
hazardous wastes must have a secondary
containment system. Secondary containment is
emergency short-term storage designed to hold leaks
from hazardous waste management units. An
example of a secondary containment system is a
sloped concrete pad that drains leaked waste into a
tank. The secondary containment system must be
free of cracks, able to contain the spill, and emptied
quickly. Containers at interim status facilities do
not have secondary containment requirements.
Special Wastes
When handled improperly, some wastes can
ignite or explode. To protect communities near the
facility from these dangers, containers holding
ignitable or reactive wastes must be located at least
50 feet from the facility's property line.
Other Requirements
In addition to these requirements, containers
storing or treating certain hazardous wastes are
subject to RCRA air emission control requirements
(as discussed later in this chapter). LQGs and SQGs
accumulating waste in containers are subject to the
interim status TSDF standards for these units.
SQGs, however, are not subject to the air emission
control requirements. (Generator requirements are
fully discussed in Section III, Chapter 3.)
• Containment Buildings
A containment building is a completely
enclosed self-supporting structure (i.e., with four
walls, a roof, and a floor) used to store or treat
noncontainerized waste. Containment buildings are
generally used for the management of hazardous
waste debris and other bulky and high volume
hazardous wastes, but may be employed for the
management of any nonliquid hazardous waste.
Design Standards
The design standards for containment buildings
stress structural soundness and hazardous waste leak
prevention. To ensure that a containment building
meets these standards, a professional engineer must
certify that the unit is designed and installed
according to the following specifications:
The containment building must be completely
enclosed with four walls, a floor, and a roof.
The floor, walls, and roof must be constructed of
man-made materials with enough strength to
withstand movement of wastes, personnel, and
heavy equipment within the building.
Dust control devices, such as air-lock doors or
negative air pressure systems (that pull air into
the containment building) must also be used as
necessary to prevent hazardous waste dust from
escaping through these building exits.
• All surfaces in the containment building that
come into contact with wastes during treatment
or storage must be chemically compatible with
such wastes. Incompatible wastes that might
cause unit failure cannot be placed in
containment buildings.
If the containment building is used to manage
hazardous waste with visible liquids, or if waste
treatment being conducted in the building requires
the addition of liquids to the waste, the owner and
operator must equip the unit with the following:
• A primary barrier constructed of materials to
prevent migration of the waste into the barrier
• A liquid collection system to minimize standing
liquids in the containment building and to
facilitate liquid removal
• A leak detection system located immediately
beneath the floor to indicate any weakness in the
floor and leaks of hazardous waste from the unit
• A secondary barrier, such as a liner, constructed
around the unit to contain any leaks and to
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Sec/ton ///: Managing Hazardous Waste - RCRA Subtitle C
facilitate cleanup before they reach nearby soils,
surface water, or ground water. As with the unit
floor, the secondary barrier must be structurally
sound and chemically resistant to wastes and
liquids managed in the containment building.
Some containment buildings designate certain
areas (known as wet areas) for the management of
liquid-containing wastes. Such buildings only need
secondary containment for these wet areas, provided
that waste liquids cannot migrate to the dry areas of
the containment building.
Operating Requirements
Containment building operating requirements
focus primarily on maintenance and inspection of
the unit, recordkeeping requirements, and provisions
for response to releases of hazardous waste. Among
other requirements, owners and operators must:
• Maintain the floor so that it is free of significant
cracks, corrosion, or deterioration
• Repair or replace surface coatings or liners that
are subject to wear from movement of waste,
personnel, or equipment as often as needed
• Limit the height of wastes piled within the unit
• Maintain dust control devices at all openings to
prevent emissions from the unit
• Provide a decontamination area within the
containment building (e.g., an area for washing
vehicles and equipment prior to leaving the
building) to prevent the tracking of waste out of
the unit.
Inspections
Containment buildings must be inspected at least
once every seven days, with all activities and results
recorded in the operating log. During inspection, the
owner and operator should evaluate the unit's
integrity and assess nearby soils and surface waters
to detect any signs of waste release. For purposes of
these inspections, the owner and operator should
also consider information from monitoring or leak
detection equipment.
Release Prevention and Response
If a release is discovered during an inspection or
at any time, the owner and operator must take the
leaking portion of the unit out of service and take all
appropriate steps to repair the leak and contain the
released waste. The owner and operator must also
notify the EPA Regional Administrator of the
release and of the proposed schedule for repair of
the unit. Upon completion of all necessary repairs
and cleanup, a qualified, registered, professional
engineer must verify, to the EPA Regional
Administrator, that the facility complied with the
plan.
Other Requirements
LQGs accumulating waste in containment
buildings are subject to the interim status TSDF
standards for these units. (Generator requirements
are fully discussed in Section III, Chapter 3.)
• Drip Pads
Drip pads are engineering structures consisting
of a curbed, free-draining base, constructed of
nonearthen materials, and designed to convey wood
preservative chemical drippage from treated wood,
precipitation, and surface water run-on to an
associated collection system at wood preserving
plants. In the wood preserving process, preservative
solutions are commonly applied to wood products
using a pressure treating process. Once the
preservative solution has been applied to the wood,
it is removed from the process unit and excess
solution is allowed to drip from the wood onto drip
pads. The pads collect the drippage (along with
rainwater and surface water that has entered the pad)
and collects it in a tank, container, or other such unit
until the waste may be recycled, treated, or disposed
of (see Figure 111-10).
Design Standards
The various elements of a drip pad must be
designed and constructed to handle the wastes
managed on the unit and prevent those wastes from
leaking into the environment.
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Pad
The owner and operator of the drip pad must
construct the pad of nonearthen materials (e.g.,
concrete, metal) and ensure that the pad is strong
enough to prevent collapse, cracking, or other
failure. The surface of the pad must have a raised
barrier (called a berm) around the perimeter to
prevent waste from running off the pad. It must be
sloped to help the drippage flow into the collection
unit, and must either be treated with impermeable
sealers, coatings, or covers to prevent liquid from
seeping into the base, or have a liner with a leak
detection and collection system.
Liquid Collection System
The liquid collection system must be designed to
prevent overflow, allow facility personnel to easily
remove waste from the unit, and comply with the
hazardous waste tank standards. Where applicable,
the liquid collection system must also be protected
from rain water running into and out of the unit.
Liner and Leak Detection System
The liners and leak detection system for drip
pads do not have specific technical design criteria,
but must be structurally sound and chemically
compatible with the preservative drippage, and must
be able to signal releases from the drip pad at the
earliest practicable time.
Operating Requirements
Generally, a drip pad must be free of cracks and
show no signs of corrosion or other types of
deterioration. Drip pads must be cleaned frequently
to allow for inspections of the entire drip pad surface
without interference from accumulated wastes and
residues. In addition to occasional cleaning,
drippage and precipitation from the liquid collection
system must be emptied as often as necessary to
prevent the waste from flowing over the curb around
the unit. All collection tanks must also be emptied
as soon as possible after storms to ensure that they
do not overflow back onto the pad. Lastly, owners
and operators must minimize the tracking of
hazardous waste by personnel and vehicles.
Inspections
Drip pads must be inspected weekly and after
storms to ensure that the pad and the liquid
collection systems are functioning properly and to
check for deterioration of or leaks from the unite. If,
upon inspection, a drip pad shows any deterioration,
the owner and operator must take the affected
portion of the unit out of service for repairs before
returning it to service.
Other Requirements
LQGs accumulating waste on drip pads are
subject to the interim status TSDF standards for
these units. (Generator requirements are fully
discussed in Section III, Chapter 3).
Figure 111-10: Cross-Section of a Drip Pad
Drip Pad
Wood Products
. Treated With
Preservative
Solution
Berm
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Section III: Managing Hazardous Waste - RCRA Subtitle C
• Land Treatment Units
Land treatment units, or land farms, are
seldom-used land disposal units. Land treatment
involves the application of waste on the soil surface,
or the incorporation of waste into the upper layers of
the soil in order to degrade, transform, or
immobilize hazardous constituents present in
hazardous waste. The waste is placed in the portion
of the surface soil above the water table (or the
highest point of the ground water flow) to let the soil
microbes and sunlight degrade the hazardous waste.
Because these units utilize biodegradation as a
method of hazardous waste treatment thus
necessitating certain operating and waste
management conditions, the design and operating
requirements for land treatment units are quite
different from other waste management units.
Design Standards
Land treatment units must be equipped with run-
on, run-off, and wind dispersion controls. Run-on
and run-off controls prevent rain water and other
liquids from running onto the unit (and creating
leachate) and stop this leachate from running off the
unit, thus carrying contaminants into surrounding
soils, surface waters, and ground water. Wind
dispersal controls prevent wind gusts from blowing
small particles of hazardous waste off a land
treatment unit into the air and surrounding soils and
surface water. To prevent wind dispersal, owners
and operators of land treatment units must apply a
wind dispersal control, such as a cover, to the unit.
Operating Requirements
The operating requirements for land treatment
units are intended to promote and maintain the
biodegradation of hazardous wastes placed in the
unit. Maintenance of proper soil pH, careful
management of waste application rate, and control
of surface water run-off are all key to the operation
of a land treatment unit. The operation requirements
include:
• Controls on the rate and method of waste
application
* Measures to control soil acidity
• Measures to enhance microbial and chemical
reactions
• Measures to control the moisture content of the
area where wastes are treated.
Treatment Program and Demonstration
In order to guarantee that these waste treatment
practices will be conducted to properly degrade the
waste, owners and operators of land treatment units
must design a treatment program that takes into
account the characteristics of the site and the wastes
to be handled. The owner and operator must then
demonstrate to EPA the effectiveness of this plan.
A treatment demonstration may involve field testing
on a sample soil plot or laboratory testing. Interim
status land treatment units are not required to
establish a treatment program, but owners and
operators can only place hazardous waste in the land
treatment unit if the waste will be rendered
nonhazardous or less hazardous.
Food Chain Crops
In some cases, an owner and operator may grow
food-chain crops (crops grown for human
consumption) in a land treatment unit. The Agency
believes that this can be done safely if the owner and
operator can demonstrate that hazardous constituents
are not present in the crop in abnormally high levels.
Additionally, if cadmium is present in1 the unit, the
owner and operator must comply with additional
management standards.
Inspections
The owner and operator must inspect the
treatment area weekly and after storms to ensure that
the unit is in compliance with the operating criteria.
In addition, the owner and operator must establish a
soil monitoring program. If there is significant
evidence that the wastes in the unit are not
responding to treatment and are sinking towards the
water table, the owner and operator must notify the
EPA Regional Administrator within seven days, and
modify the treatment program to ensure the
sufficient treatment of hazardous constituents within
the treatment zone.
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Special Wastes
Certain types of hazardous wastes pose such a
threat to human health and the environment that
their management requires additional regulatory
precautions. Considering the risks associated with
the treatment, storage, and disposal of certain
dioxin-containing hazardous wastes (F020, F021,.
F022, F023, F026, and F027), the RCRA regulations
restrict the management of these wastes in land
treatment units. As a result, owners and operators
can only manage these wastes in a permitted land
treatment unit in accordance with a special
management plan approved by the EPA Regional
Administrator. These wastes may not be handled in
interim status land treatment units because these
units do not meet the strict construction standards,
and thus, may not be sufficiently protective.
• Landfills
A landfill is a disposal unit where nonliquid
hazardous waste is placed in or on the land.
Landfills are the final disposal site, the ultimate
grave, for a significant portion of the hazardous
waste that is generated in the United States.
Design Standards
To minimize the potential for leachate to leak
from a landfill, EPA developed the following design
standards (see Figure III-l 1):
• Double liner
• Double leachate collection and removal system
• Leak detection system
• Run-on, run-off, and wind dispersal controls
• Construction quality assurance.
Double Liner
The double liner system has two components: a
top liner and a composite bottom liner. The top
liner, usually a synthetic material, keeps the liquid
waste in the unit and prevents migration of
hazardous leachate and waste into the liner. The
composite bottom liner, consisting of a synthetic
liner (made of a special kind of plastic) on top of
three feet of compacted soil material, is designed to
prevent any liquids that have leaked through the top
liner from reaching underlying soils and ground
water.
Double Leachate Collection and Removal
System
Landfills must also be equipped with two
leachate collection and removal systems. The first
rests on the top liner, and the second between the top
liner and the bottom composite liner. The top
system collects any leachate that has filtered down
through the waste in the unit and pumps it out to a
collection tank, where it may be collected and
disposed. The bottom system collects any leachate
that has leaked through the top liner and similarly
Figure 111-11: Cross-Section of a Landfill
Ground Water
Monitoring Well
Double Liner
Double Leachate
Collection and
Removal System
Run-on/Run-off
Control
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Section III: Managing Hazardous Waste - RCRA Subtitle C
pumps it out to a collection tank, where it may
similarly be collected and disposed.
Leak Detection System
While the lower leachate collection and removal
system will continually remove the small amounts
of liquid that might seep through the top liner, it
may not be capable of handling a larger leak. Larger
leaks can apply strong pressure on the bottom liner,
potentially causing it to fail. To avoid this problem,
RCRA requires that a leak detection system be
installed within the leachate collection and removal
system. This system must be able to detect when the
flow rate into the leachate collection and removal
system is above a normal operating range, and warn
the owner and operator that the top liner may be
leaking.
Run-On, Run-Off, and Wind Dispersal Controls
The run-on, run-off, and wind dispersal
requirements are identical to those for land
treatment units.
Construction Quality Assurance
None of these technologies are effective if the
landfill is installed improperly or constructed of
inferior materials. To ensure that a landfill meets all
the technological requirements, EPA requires a
construction quality assurance program. The
program mandates a construction quality assurance
plan that identifies how construction materials and
their installation will be monitored and tested and
how the results will be documented. The program
must be developed and implemented under the
direction of a registered professional engineer, who
must also certify that the construction quality
assurance plan has been successfully carried out and
that the unit meets all specifications before any
waste is placed into the unit.
Operating Requirements
In order to prevent the formation and migration
of leachate in landfills, owners and operators may
not place liquid hazardous wastes in a landfill,
unless the wastes are in:
• Very small containers, such as ampules
• Containers, such as batteries, that contain small
amounts of liquid for purposes other than
storage
• Lab packs which consist of drums filled with
many small containers packed in
nonbiodegradable absorbent materials.
Owners and operators may add
nonbiodegradable absorbents to containers of liquid
hazardous waste to remove any visible liquids.
After all visible liquids have been removed, the
owner and operator may then place the waste in a
landfill.
Inspections
To ensure that the liners and leachate collection
and removal systems are working properly, landfill
owners and operators must:
• Inspect liners for any problems after
construction or installation and continue
inspections weekly and after storms to monitor
for evidence of deterioration or damage
• Monitor leachate collection and removal system
sumps at least weekly to measure the amount of
liquid in the sumps and determine whether the
upper liner might be leaking. This is designed
to verify both the integrity of the liner and the
efficiency of the leachate pump. If the level
indicates a substantial leak, the owner and
operator must notify EPA and respond in
accordance with the facility's response action
plan.
Release Prevention and Response
In order to prepare for a leak from a landfill,
RCRA requires that owners and operators of
hazardous waste landfills develop a response action
plan. The response action plan outlines the short-
and long-term actions to be taken in the event of a
leak. A short-term action might involve shutting off
the flow of hazardous waste into the landfill. A
long-term action might involve emptying the unit
and repairing or replacing the damaged liner or
leachate collection and removal systems. As part of
the plan, in the event of a leak, the owner and
operator must notify the EPA Regional
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Administrator, determine what short-term actions
must be taken, determine the location, size, and
cause of any leak, and report the findings to the EPA
Regional Office.
Special Wastes
Similar to land treatment units, permitted
landfills can only treat, store, or dispose of certain
dioxin-containing hazardous wastes (F020, F021,
F022, F023, F026, and F027) if the unit has a special
management plan approved by the EPA Regional
Administrator. These wastes cannot be managed in
interim status landfills.
Special Requirements for Certain Containers in
Landfills
Over time, the hazardous waste containers
placed in a landfill will decompose and collapse,
creating air pockets under the landfill cover. When
the wastes surrounding the container settle to fill the
void, the liner may also settle. Such settling may
cause the liner to stretch or tear. To prevent
significant voids that could cause collapse of final
covers and tearing of liners when containers erode
and to maintain and extend available capacity in
hazardous waste landfills, containers placed in a
landfill must either be:
• At least 90 percent full
OR
• Crushed, shredded, or in some other way
reduced in volume (unless they are very small
containers, such as ampules).
• Surface Impoundments
A surface impoundment is a natural
topographic depression, man-made excavation, or
diked area formed primarily of earthen materials
(although it must be lined with man-made materials)
that is used to treat, store, or dispose of liquid
hazardous waste. Examples include holding ponds,
storage pits, and settling lagoons.
Design Standards
To minimize the potential for leachate to leak
from a surface impoundment, EPA developed the
following design standards (see Figure IE-12):
• Double liner
• Leachate collection and removal system
• Leak detection system
' Dikes, berms, and freeboard
• Construction quality assurance.
Double Liner
The double liner system requirements are
identical to those for hazardous waste landfills.
Ground Water
Monitoring Well
Figure 111-12: Cross-Section of a Surface Impoundment
Double Liner Leachate Collection Dike or Berm
and Removal System
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Section III: Managing Hazardous Waste - RCRA Subtitle C
Leachate Collection and Removal System
The unit must be equipped with a leachate
collection and removal system between the top liner
and the bottom composite liner. The system collects
any leachate that has leaked through the top liner
and pumps it out to a collection tank. The system
features a pump system and drainage layers to slow
the flow of the leak. The system must be designed
with a minimum bottom slope to help drainage, be
made of materials that will not chemically react with
the wastes placed in the unit, and be able to remove
the liquids at a specified minimum rate.
Leak Detection System
The leak detection system requirements are
identical to those for hazardous waste landfills.
Dikes, Berms, and Freeboard
A surface impoundment must also be designed
to prevent the flow of liquids over the top of an
impoundment (overtopping). This is accomplished
by constructing and maintaining dikes or berms
(walls or man-made hills surrounding the unit) and
ensuring a minimum distance (called freeboard)
between the surface of the waste and the top of the
impoundment to prevent overflow during high
winds or rainstorms.
Construction Quality Assurance
The construction quality assurance program
requirements are identical to those for hazardous
waste landfills.
Inspections
To ensure that the liners and leachate collection
and removal system are working properly, owners
and operators of hazardous waste surface
impoundments must:
• Inspect liners and dikes or berms for any
problems after construction or installation, and
continue inspections weekly and after storms to
monitor for evidence of deterioration, sudden
drops in the level of the impoundment contents,
and severe erosions of dikes and other
containment devices
• Monitor leachate collection and removal system
sumps at least weekly to measure the amount of
liquid in the sump and determine whether the
upper liner might be leaking. This is designed
to verify both the integrity of the liner and the
efficiency of the leachate pump. If the level
indicates a substantial leak, the owner and
operator must notify EPA and respond in
accordance with the facility's response action
plan.
Release Prevention and Response
The release prevention and response
requirements are identical to those for hazardous
waste landfills.
Special Wastes
Similar to land treatment units and landfills,
permitted surface impoundments can only treat,
store, or dispose of certain dioxin-containing
hazardous wastes (F020, F021, F022, F023, F026,
and F027) if the unit has a special management plan
approved by the EPA Regional Administrator.
These wastes cannot be managed in interim status
surface impoundments.
Other Requirements
Other surface impoundment requirements
include retrofitting provisions and air emissions
requirements.
Surface Impoundment Retrofitting
Surface impoundments handling nonhazardous
wastes are not subject to these extensive hazardous
waste surface impoundment design and operating
requirements. However, such impoundments may
become subject to RCRA if the waste being handled
in the unit becomes a hazardous waste as a result of
a new hazardous waste listing or characteristic. In
these cases, the owner and operator of the
impoundment must retrofit the unit to meet the
standards described above, or cease receipt of the
hazardous waste and begin the closure process.
Owners and operators have four years from the day
that the listing or characteristic is finalized (in the
Federal Register) to retrofit or close. For example,
owners and operators of surface impoundments that
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became subject to RCRA as the result of the
promulgation of the toxicity characteristic waste
codes on March 29, 1990, were required to retrofit
those units to meet the design and operating
standards, or cease receipt of hazardous waste and
begin closure by March 29, 1994.
These retrofitting requirements may be waived
by the implementing agency under special
circumstances. The impoundment must be
designed, operated, and located in such a manner
that there will be no migration of hazardous
constituents into ground water or surface water at
any time. Furthermore, the impoundment may
contain only characteristic TC wastes. The
implementing agency will determine on a site-
specific basis whether a waiver from the retrofitting
requirement is protective of human health and the
environment.
Air Emissions
In addition to these requirements, surface
impoundments storing, treating, or disposing of
certain hazardous wastes are subject to RCRA air
emission control requirements (as discussed later in
this chapter).
• Tanks
Tanks are stationary devices (as opposed to
portable containers) used to store or treat hazardous
waste. They are widely used for storage or
accumulation of hazardous waste because they can
accommodate huge volumes of material, sometimes
in the tens of thousands of gallons. Tanks are used
for the treatment of hazardous waste because of their
structural strength and versatility. In order to ensure
that a tank system can hold hazardous waste for its
intended lifetime, a TSDF owner and operator must
ensure that the tank is properly designed. RCRA
requires that the tank system or components be
designed with an adequate foundation, structural
support, and protection from corrosion to prevent it
from collapsing or leaking. In order to ensure that a
tank is properly designed, an independent, qualified,
registered, professional engineer must certify that
the unit meets these requirements.
Design Standards
Hazardous waste tanks must be installed
properly and designed to protect against corrosion.
Installation
Because even the most flawlessly designed tanks
can fail if installed improperly, new tank systems
must be inspected by an independent qualified
expert prior to use to ensure that the tank was not
damaged during installation. The owner and
operator must repair any damage before the
installation is complete or the system is in use. All
new tanks and ancillary equipment must be tested to
make sure that there are no leaks, and any leaks
discovered must be fixed before the tanks are
covered, enclosed, or placed in use.
Corrosion Protection
When metal tanks are in contact with soil or
water, they can corrode and leak. To prevent leaks
from corroded tanks, RCRA requires tanks made
wholly or partly of metal to be designed and
installed with adequate corrosion protection. To
ensure that a tank is properly protected, an owner
and operator must develop a written design plan.
The design should take into account information
specific to the site, such as soil moisture and acidity,
that can affect the corrosion rate of the tank. The
unit must have one or more of the following
corrosion protection methods:
• Construction materials that are corrosion-
resistant (e.g., fiberglass)
• Corrosion-resistant coating in combination with
cathodic protection (cathodic protection
prevents tanks from corroding by reversing the
naturally occurring electric current in the ground
that can degrade tank walls)
• Electrical isolation devices.
Existing tanks do not have to meet these
requirements because of the high cost of installing
corrosion protection on tanks that are already in the
ground. On the other hand, owners and operators of
existing tanks must assess the structural integrity of
the units to ensure that they are designed and
maintained to contain the wastes stored or treated
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Section III: Managing Hazardous Waste - RCRA Subtitle C
within them without failing, collapsing, or rupturing.
Such assessments must be certified by an
independent, qualified, registered, professional
engineer.
Operating Requirements
Hazardous waste tanks must be operated in a
manner that minimizes or eliminates releases.
Chemicals that may cause any part of the tank's
system to fail may not be placed in the unit.
Because the loading or filling of tanks brings the
potential for spills or releases of waste into the
environment, such spills or overflows from the tank
system must also be prevented by using, at a
minimum:
• Spill prevention controls, such as valves
designed to prevent the backflow of waste
during fill-up of a tank
• Overfill prevention controls, such as alarms that
sound when the waste level in the tank gets too
high, and valve systems that automatically close
when overfill is likely
• Sufficient room within an uncovered tank
between the surface of the waste and the top of
the tank (minimum freeboard).
Inspections
To verify that hazardous waste tanks and
components are operated and maintained in
satisfactory condition, owners and operators must
inspect their tanks daily. To meet these objectives,
inspections must thoroughly identify leaks,
deterioration, corrosion, or structural fatigue in any
portion of the tank or system components. In
addition to visual inspections, owners and operators
must also take into account any data received from
leak detection monitors and other tests.
Release Prevention and Response
The release response requirements require leak
detection systems to detect leaks, and secondary
containment devices to contain any leaks that might
occur from the tank or ancillary equipment (see
Figure 111-13). All new hazardous waste tank
systems must have leak detection and secondary
containment before being placed in service. Existing
systems must be equipped with secondary
containment by different deadlines, based on a
phased-in schedule determined by the age of the
tank.
Leak Detection
Hazardous waste tanks must be equipped with a
leak detection system. The leak detection system
must be able to detect failure in either the main tank
or secondary containment system generally within
24 hours. Thermal conductivity sensors, electrical
resistivity sensors, and vapor detectors are
commonly used leak detection devices. Daily visual
inspections may also be used where tanks and tank
components are physically accessible.
Secondary Containment
To make sure the tank system will perform
properly, secondary containment systems must be
designed, installed, and operated to ensure that:
• No waste is released to the surrounding soil,
ground water, or surface water
Construction materials or liners are compatible
with the waste to be stored or treated in the tank
• The tank is capable of containing accumulated
material until it is promptly removed (generally
within 24 hours)
• The tank has sufficient structural strength to
prevent failure
• The foundation can resist failure due to normal
movement of the surrounding soils (settlement,
compression, or uplift).
Owners and operators must meet these
requirements by using one of the following
secondary containment devices:
• An external liner that completely surrounds the
unit with an impermeable material
• A vault (the tank rests in an underground
chamber usually constructed with concrete
floors and walls and an impermeable cover)
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A double-walled tank (the tank is completely
enclosed inside another tank with a leak
detection monitoring system installed between
the two)
An EPA-approved alternative design.
Figure 111-13: Secondary Containment for Tanks
Hazardous
Waste Tank
Secondary
Containment
System
Ancillary
Equipment
In addition to the tank itself, all ancillary
equipment (e.g., pipes, valves, trenches connected to
the tank or tank system) must have full secondary
containment. Examples of secondary containment
for ancillary equipment include lined trenches, and
jacketed or double-walled piping. When inspected
daily, however, the following equipment is exempt
from this requirement:
• Aboveground piping (not including flanges,
joints, valves, and connections)
• Welded flanges, welded joints, and welded
connections
• Seal-less or magnetic coupling pumps
• Aboveground pressurized piping systems with
automatic shut-off devices.
Despite these precautions, occasionally a tank
system or secondary containment system will leak or
spill hazardous waste. When this happens, the
owner and operator must immediately take the tank
out of operation and determine the cause of the
release. To prevent the spill from moving further
away from the tank, the owner and operator must
also remove and properly dispose of any
contaminated soil, ground water, or surface water.
In addition, the owner and operator must notify the
EPA Regional Administrator or National Response
Center, and submit a follow-up written report to the
EPA Regional Administrator within 30 days. The
tank must then either be repaired or closed.
Other Requirements
In addition to these requirements, tanks storing
or treating certain hazardous wastes are also subject
to RCRA air emission control requirements (as
discussed later in this chapter). LQGs and SQGs
accumulating waste on site in tanks are subject to
the interim status TSDF standards for these units.
(Generator requirements are fully discussed in
Section III, Chapter 3.) SQGs, however, are not
subject to the air emission control requirements.
• Waste Piles
A waste pile is an open pile used for treating or
storing nonliquid hazardous waste. The standards
for these units are very similar to those for landfills,
but the difference is that waste piles may be used for
temporary storage and treatment only, not disposal.
Design Standards
To minimize the potential for leachate to leak
from a waste pile, EPA developed the following
design standards (see Figure III-14):
• Double liner
• Double leachate collection and removal system
• Leak detection system
• Run-on, run-off, and wind dispersal controls
• Construction quality assurance.
Double Liner
The double liner system requirements are
identical to those for hazardous waste landfills and
surface impoundments.
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Section III: Managing Hazardous Waste - RCRA Subtitle C
Double Leachate Collection and Removal
System
The double leachate collection and removal
system requirements are identical to those for
hazardous waste landfills.
Leak Detection System
The leak detection system requirements are
identical to those for hazardous waste landfills and
surface impoundments.
Run-On, Run-Off, and Wind Dispersal Controls
The run-on, run-off, and wind dispersal control
requirements are identical to those for hazardous
waste landfills; however, interim status waste piles
are not subject to the storm water controls, but are
subject to wind dispersal controls.
Construction Quality Assurance
The construction quality assurance program
requirements are identical to those for hazardous
waste landfills and surface impoundments.
Operating Requirements
Under no circumstances can an owner and
operator place liquid hazardous waste in a waste
pile.
Inspections
The liner and leachate collection and removal
system inspection requirements are identical to those
for hazardous waste landfills.
Release Prevention and Response
The release prevention and response
requirements are identical to those for hazardous
waste landfills.
Special Wastes
Similar to land treatment units, landfills, and
surface impoundments, permitted waste piles can
only treat, store, or dispose of certain dioxin-
containing hazardous wastes (F020, F021, F022,
F023, F026, and F027) if the unit has a special
management plan approved by the EPA Regional
Administrator. These wastes cannot be managed in
interim status waste piles.
Other Requirements
Owners and operators of permitted waste piles
that are located indoors and meet special
requirements are subject to reduced regulation.
Specifically, the waste pile must:
• Be located inside or under a structure
• Not receive liquid wastes
• Be protected from surface water run-on
Be designed and operated to control dispersal of
waste
Figure 111-14: Cross-Section of a Waste Pile
Double Liner
Double Leachate
Collection and
Removal System
Dike or Berm
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• Be managed to prevent the generation of
leachate.
If these standards are met, the owner and
operator of the permitted waste pile is exempt from
ground water monitoring requirements as well as the
design and operation requirements for waste piles.
RCRA provides this exemption because when
properly designed and maintained, indoor waste
piles can prevent hazardous leachate from forming
or leaking into the environment.
• Miscellaneous Units
When RCRA was enacted in 1976, there was a
diverse universe of hazardous waste management
units in existence. Some of these units did not fit
the definition of any of the typical hazardous waste
management practices described earlier in this
chapter. These include physical, chemical, and
biological treatment units; thermal treatment units;
and underground injection control (UIC) wells. As a
result, EPA established interim status standards for
these units. When EPA established final permitted
TSDF standards for all hazardous waste
management units, the Agency did not establish
final standards for physical, chemical, and biological
treatment units or thermal treatment units, but rather
grouped them together and permitted them as
miscellaneous units. EPA did not include UIC wells
in this miscellaneous unit category because such
wells were later addressed under SDWA.
At present, all new hazardous waste
management units that do not fit the definition of
one of the types of units discussed earlier in this
chapter or an incinerator or BIF (as discussed in
Section III, Chapter 7) are permitted as
miscellaneous units. This section of the chapter will
present the management standards for such units.
For historical purposes, this section of the chapter
will also present the interim status standards for
physical, chemical, and biological treatment units;
thermal treatment units; and UIC wells.
Because the standards for miscellaneous units
address treatment, storage, and disposal processes
that are not addressed by other unit7specific
standards, the following management standards
consist of general operating requirements that may
be modified and amended based on site-specific
considerations.
Permitted Miscellaneous Units
Since some TSDFs treat, store, or dispose of
waste in units that are different from the previously
described hazardous waste management units,
RCRA established broad and protective
management provisions for miscellaneous units to
allow for the use of new and innovative waste
management technologies. The RCRA standards are
designed to give the implementing agency the
flexibility to tailor permit standards, on a case-by-
case basis, to these unique waste management
practices.
Miscellaneous units are defined as treatment,
storage, or disposal units other than:
• Containers, containment buildings, drip pads,
land treatment units, landfills, surface
impoundments, tanks, or waste piles (as
discussed in this chapter)
• Incinerators or BIFs (as discussed in Section III,
Chapter 7)
Corrective action management units (CAMUs)
(as discussed in Section III, Chapter 9)
Units permitted for research, development, and
demonstration (RD&D) (as discussed in Section
III, Chapter 8)
• UIC wells.
Based on this definition, miscellaneous units
may include, but are not limited to:
• Geologic repositories (e.g., underground caves)
• Deactivated missile silos
• Thermal treatment units
Units for the open burning or detonation of
waste explosives
Chemical, physical, or biological treatment
units.
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Since miscellaneous units are subject to site-
specific design and operating requirements, RCRA
requires that owners and operators applying for a
permit provide the implementing agency with
detailed information on unit design and potential
environmental impacts. The owner and operator
must provide detailed plans and engineering reports
describing the unit location, design, construction,
operation, maintenance, monitoring plans, and
inspection plans.
Owners and operators must also provide detailed
information on the potential pathways of human or
environmental exposure to hazardous waste or
hazardous constituents. Under these provisions,
owners and operators must evaluate the potential
magnitude and nature of potential human and
environmental exposure to air, surface water
(including wetlands), ground water, and soil. Owner
and operators of miscellaneous units are required to
conduct monitoring, testing, data analysis,
inspections, and response actions (if necessary) in
order to ensure that the unit is in compliance with its
general performance standards, and that waste
management has not threatened any of these
environmental mediums.
Interim Status Chemical, Physical, and Biological
Treatment Units
When RCRA was first enacted in 1976, some of
the diverse hazardous waste management units in
existence were chemical, physical, and biological
treatment units. Such units employed unique
treatment processes, such as distillation,
centrifugation, reverse osmosis, ion exchange, and
filtration. The Agency established interim status
standards for such units to address the safe
containment of hazardous waste, hazardous waste
constituents, and treatment by-products.
The operating standards for these units require
that:
• Waste is compatible with treatment equipment
• Ignitable and reactive wastes are
decharacterized immediately before or after
placement in the treatment process or equipment
• Waste analysis and trial treatment tests verify
that treatment will meet applicable requirements
• Owners and operators inspect discharge control,
safety, and monitoring equipment daily; and
inspect construction materials of treatment
processes and confinement structures weekly.
Interim Status Thermal Treatment Units
After the enactment of RCRA, another set of
diverse hazardous waste management units in
existence were thermal treatment units. EPA
established interim status standards for these units to
allow for the development of alternative treatment
processes in units that did not meet the definition of
an incinerator or BIF (as discussed in Section III,
Chapter 7).
Thermal treatment is defined as the treatment
of hazardous waste in a device that uses elevated
temperatures as the primary means to change the
chemical, physical, or biological character or
composition of the hazardous waste. Thermal
treatment units include carbon regeneration units,
and other devices employing processes, such as
molten salt pyrolysis, calcination, wet-air oxidation,
and microwave destruction.
The operating standards for these units require:
• The establishment of steady, normal conditions
of operation or readiness
j
• Waste analysis to determine the heating value of
the waste, and concentrations of halogens,
sulfur, lead, and mercury
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• Monitoring and inspections of temperature and
emission-control instruments, the stack plume,
and all process and ancillary equipment.
The implementing agency also has the flexibility
to develop standards for these units on a case-by-
case basis when considering the technology-specific
data submitted by the applicant. It is probable that
the regulations for specific thermal treatment units
will reference the incinerator, boiler, and industrial
furnace standards due to the similarities between the
units.
Interim Status Underground Injection Control
Wells
Underground injection control wells are units
into which hazardous waste is permanently disposed
of by injection 1/4 mile below an aquifer with an
underground source of drinking water (as defined
under SDWA). EPA originally intended to regulate
UIC wells disposing of hazardous waste under
SDWA. At the inception of the RCRA program,
however, many states did not yet have a SDWA-
approved UIC program. As a result, EPA imposed
RCRA requirements on such units until states gained
SDWA approval for their UIC programs. Because
UIC wells were not addressed by the unit-specific
hazardous waste management standards, RCRA
initially regulated such UIC wells as interim status
units. These standards required UIC wells to
comply with interim status general facility
standards, with the exception of closure and
financial assurance.
After states gained SDWA approval for their
UIC programs, such wells became regulated jointly
by SDWA and RCRA. SDWA regulates the design,
operating, and closure standards for the well itself,
while RCRA regulates any other hazardous waste-
related activities at that facility up until the point of
injection. While such wells are no longer subject to
RCRA interim status standards, they would need a
RCRA permit-by-rule, requiring compliance with
only certain RCRA administrative requirements.
As an alternative to receiving a SDWA UIC
well permit (accompanied by a RCRA permit-by-
rule), UIC well owners and operators could also
choose to apply for a full RCRA permit as a
miscellaneous unit.
CLOSURE
All hazardous waste TSDFs will eventually stop
receiving waste for treatment, storage, or disposal.
After these facilities are closed, the owner and
operator must either remove all waste that has
accumulated in units at the facility, or leave the
waste in place while maintaining the units in a way
that ensures they will not pose a future threat to
human health and the environment. RCRA Subtitle
C's closure and post-closure standards are designed
to achieve this goal.
The closure and post-closure regulations are
divided into two parts: the general standards
applicable to all TSDFs, and the technical standards
for specific types of hazardous waste management
units. These combined requirements ensure that a
specific unit or facility will not pose a future threat
to human health or the environment after a TSDF
closes. This discussion will focus on the general
closure standards applicable to all TSDFs.
H Closure Requirements
Closure is the period directly after a TSDF stops
its normal operations. During this period, a TSDF
stops accepting hazardous waste; completes
treatment, storage, and disposal of any wastes left on
site; and disposes or decontaminates equipment,
structures, and soils. Some owners and operators
will completely remove all waste that was treated,
stored, or disposed in their unit. This operation is
known as clean closure. In order to demonstrate
clean closure, an owner and operator must show that
levels of hazardous contaminants at the facility do
not exceed EPA-recommended exposure levels.
Closure Plan
To ensure that a TSDF is closed properly, the
owner and operator must prepare a closure plan that
details exactly how and when facility closure will
take place, and must submit the plan to their
implementing agency for approval. Permitted
facilities are required to submit a closure plan to
their implementing agency at the time of permit
application. The approved closure plan then
becomes an enforceable component of their permit.
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Section III: Managing Hazardous Waste - RCRA Subtitle C
Interim status facilities must have a written closure
plan on the premises six months after they become
subject to RCRA. The closure plan must contain:
• A description of how the owner and operator
will close each hazardous waste management
unit
• A description of how and when the owner and
operator will achieve final closure of the whole
facility
• An estimate of the maximum amount of
hazardous waste kept on site over the life of the
facility
• A detailed description of closure methods,
including the actions necessary to remove and
manage waste and decontaminate the site
• A description of any other steps necessary to
comply with the closure standards, such as
ground water monitoring or leachate collection
(depending on the type of unit).
When there is a change in the design or
operation of the facility, a change in the expected
closure date, or an unexpected event (e.g.,
discovering more contaminated soil than originally
anticipated), the owner and operator or the
implementing agency must amend the closure plan
to address the additional steps necessary to safely
close the facility. In such instances, permitted
facilities must submit an application to modify their
permit, while interim status facilities must submit
the proposed modification to the implementing
agency for approval.
Closure Timetable
To ensure that facility closure is begun and
completed in a timely manner, the closure
regulations establish specific timetables for the
initiation and completion of closure activities (see
Figure III-15). An owner and operator of a closing
TSDF must:
Notify the implementing agency that they expect
to begin closure activities (notification must
take place at least 60 days before for surface
impoundments, landfills, waste piles, and land
treatment units, and at least 45 days before for
all other units)
• Begin closure activities within 30 days of
receiving the final shipment of hazardous waste
• Remove all hazardous wastes from the TSDF or
dispose of the wastes on site within 90 days of
beginning closure
• Complete all closure activities within 180 days
of beginning closure
• Certify that closure has been completed in
accordance with the specifications in the
approved closure plan within 60 days of
completing closure. The certification must be
signed by the owner and operator and by an
independent, registered, professional engineer.
The implementing agency may grant extensions,
if required closure activities will take more time, or
if the facility or unit has the capacity to accept more
hazardous or nonhazardous waste.
Figure 111-15: Timetable of Closure Activities
t>u aays
__^ 45 days ^^
^ ™
• -;•,.-(-••
« .- ,,
Notify for Closure
of a Land-Based
Unit
Notify for
Closure of
All Other Units
Final Receipt
of Hazardous
Waste
30
Begin
Closure
90
Remove
All Wastes
180
Complete
Closure
Certify
Closure
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During closure, all contaminated equipment,
structures, and soils must be properly disposed or
decontaminated. During this process, an owner and
operator may become a generator of hazardous
waste, and must therefore comply with the generator
requirements.
Delay of Closure
The closure timetable is designed to guarantee
that closure is completed as soon as practicable after
the final receipt of hazardous waste in order to
minimize risks posed to human health and the
environment. On the other hand, owners and
operators of landfills, surface impoundments, and
land treatment units may have room to accept
nonhazardous waste at the time of closure. To
enable these TSDFs to continue operation, RCRA
allows these facilities to delay closure of such units.
This delay is not available to any other units. Those
units for which owners and operators choose to
delay closure are still subject to all applicable
RCRA hazardous waste requirements, and must
meet special requirements designed to ensure that
the disposal of both the nonhazardous and hazardous
waste will in no way endanger human health and the
environment.
Survey Plat
After a TSDF ceases hazardous waste activity
and closes all units, it still may be important to
know exactly where hazardous wastes were handled
(especially for purposes of future sale of the
property). To preserve this information, the owner
and operator must submit to the implementing
agency or local zoning authority a survey plat
indicating the location and dimensions of the closed
hazardous waste units. The survey plat must be
submitted no later than the submission of
certification of closure for each hazardous waste
disposal unit.
• Post-Closure Requirements
Some TSDFs are intended for the final disposal
of hazardous waste. Land treatment units, landfills,
and surface impoundments are the only units where
an owner and operator may permanently dispose of
hazardous waste. Because such permanent land
disposal brings the potential for releases from the
unit over a long-term period, these owners and
operators must conduct post-closure monitoring and
maintenance activities. Other TSDFs may not be
able to remove all hazardous wastes and
decontaminate all equipment. Since these owners
and operators cannot clean close, they must close
such units as landfills, and comply with the post-
closure requirements for landfills.
Post-closure is the period after closure during
which owners and operators conduct monitoring and
maintenance activities to preserve the integrity of
the disposal system and continue to prevent or
control releases from the disposal units. Post-
closure care consists of two primary responsibilities:
ground water monitoring and maintaining the waste
containment system (e.g., covers, caps, and liners).
Such activities include:
• Maintaining the final cover, the leak detection
system, and the ground water monitoring
systems
• Providing long-term protection from liquids
migrating into the closed unit, promoting
drainage of liquid, accommodating settling of
waste in the unit
• Making sure that the final cover, liners, or other
containment or monitoring systems are not
disturbed
• Monitoring ground water to detect any releases
of hazardous constituents.
The post-closure period normally lasts for 30
years after closure is completed, but may be either
extended or shortened by the EPA Regional
Administrator.
Post-Closure Plan
In order to ensure that the post-closure care of
the facility is properly carried out, the owner and
operator must design and implement a post-closure
plan. The owner and operator must submit the plan
with the post-closure permit application. The plan
must include:
A description of planned ground water
monitoring activities
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• A description of planned maintenance activities
• The name, address, and telephone number of the
facility contact person or office.
Post-Closure Notices
As with the survey plat for closure, owners and
operators of TSDFs required to perform post-closure
activities must, within 60 days after the facility
originally certified closure, provide the local zoning
or land use authority and the EPA Regional
Administrator with a record of the type, location,
and quantity of hazardous wastes in each disposal
unit at the facility. Also, a notice must be placed in
the property deed and recorded. This notice must
state that the land was used for hazardous waste
management, that the use of the land is restricted,
and that the survey plat and record of closure were
submitted to the local zoning authority and the EPA
Regional Administrator.
Certification of Completion of Post-Closure Care
To ensure that post-closure care was performed
in accordance with the post-closure plan, no later
than 60 days after completion of the established
post-closure care period for each hazardous waste
disposal unit, the owner and operator must submit to
the EPA Regional Administrator a certification that
the post-closure care period was performed in
accordance with the specifications established in the
approved closure plan.
FINANCIAL ASSURANCE
The RCRA closure and post-closure
requirements are designed to protect human health
and the environment from the long-term threats
associated with hazardous waste management and
permanent disposal. Many of these detailed
requirements come at the end of a facility's waste
management operations and can be very expensive.
To prevent a facility from ceasing operations and
failing to provide for the potentially costly closure
and post-closure care requirements, EPA
promulgated regulations requiring TSDFs to
demonstrate that they have the financial resources to
properly conduct closure and post-closure in a
manner that protects human health and the
environment.
The TSDF general facility standards include
precautions to prepare a facility for accidents, spills,
and any resulting emergency responses. Such
unexpected events could damage third parties by
impacting human health or property outside the
facility. In order to compensate third parties for
injury or damage that might result from such events
(known as liabilities), the RCRA regulations require
TSDF owners and operators to demonstrate that they
have the financial resources to pay for bodily injury
or property damage that might result from waste
management. The closure, post-closure, and liability
financial resource requirements are called financial
assurance.
In addition to requiring facilities to set aside
funds for closure, post-closure, and liabilities, the
RCRA regulations specify the financial mechanisms
that TSDF owners and operators must use to ensure
that the financial resources are available in the event
that they are needed.
• Financial Assurance for Closure/
Post-Closure Care
After a TSDF owner and operator prepares the
required written closure and post-closure plans for
their facility, they must prepare a cost estimate that
reflects how much it would cost to hire a third-party
contractor to close the facility. These estimates
provide the base figure for the amount of financial
assurance a facility must provide.
Cost Estimates
Cost estimates must reflect the cost of hiring a
third party to conduct all activities outlined in the
closure and post-closure plans. Closure cost
estimates are based on the point in the facility's
operating life when closure would be the most
expensive. Post-closure cost estimates are based on
projected costs for an entire post-closure period of
30 years, unless reduced or extended by the
implementing agency.
Cost Adjustments
Closure and post-closure cost estimates must be
adjusted annually for inflation until closure is
completed. Owners and operators must also adjust
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cost estimates following any changes to their closure
or post-closure plans that would raise the costs
involved. For example, the addition of treatment
units would mean that they will require
decontamination at closure. The closure and post-
closure estimates must be recalculated to reflect the
additional expenses.
Period of Coverage
TSDF owners and operators must maintain
financial assurance until closure and post-closure are
complete. Within 60 days after receiving a TSDF's
certification of final closure, the implementing
agency must notify the owner and operator that
financial assurance for final closure is no longer
required. Similarly, within 60 days after receiving a
TSDF's certification of completion of post-closure
care, the implementing agency must notify the
owner and operator that financial assurance for post-
closure is no longer required.
• Accident Liability Requirements
TSDF owners and operators must also be able to
compensate third parties for bodily injury or
property damage that might result from hazardous
waste management at a facility. This coverage
ensures that, in the event of an accidental release of
hazardous constituents, money will be available to
compensate affected third parties suffering bodily
injury or property damage. All TSDFs must
demonstrate liability coverage for sudden accidents.
In addition, TSDFs with land-based units (e.g.,
landfills) must also demonstrate liability coverage
for nonsudden accidents.
Sudden Accidental Occurrences
The inherent risks posed by hazardous waste
management at all TSDFs brings the possibility of
sudden accidents. These sudden accidental
occurrences are defined as events that are not
continuous or repeated. Examples of sudden
accidental occurrences are fires and explosions. The
minimum financial requirements include at least $1
million per occurrence, and an annual total (known
as annual aggregate) of at least $2 million.
Nonsudden Accidental Occurrences
Because land-based units are located directly on
the land, they bring an increased risk of slow, long-
term nonsudden leaks to soil and ground water, and
exposure to human health and the environment.
These nonsudden accidental occurrences are
defined as events that take place over time and
involve continuous or repeated exposure to
hazardous waste. An example of a nonsudden
accidental occurrence is a leaking surface
impoundment that contaminates a drinking water
source over time. The minimum financial
requirements include at least $3 million per
occurrence, and an annual aggregate of at least $6
million.
These liability financial assurance coverage
amounts apply on an owner and operator basis, not
on a per facility basis. Consequently, owners and
operators must provide $1 million per occurrence
and $2 million annual aggregate for sudden
accidental occurrences, and $3 million per
occurrence and $6 million annual aggregate for
nonsudden accidental occurrences (if applicable),
regardless of the number of facilities owned and
operated.
Period of Coverage
TSDF owners and operators must maintain
financial liability coverage until closure is complete.
Within 60 days after receiving a TSDF's certification
of final closure, the implementing agency must
notify the owner and operator that liability financial
assurance is no longer required. Liability coverage
is not required during the post-closure period. The
implementing agency may, however, require liability
coverage if closure was not completed in accordance
with the facility's closure plan.
• Financial Assurance Mechanisms
Financial assurance mechanisms are the
different ways an owner and operator can show that
funds are available to pay for closure, post-closure,
and liability requirements. An owner and operator
may demonstrate financial assurance through one or
more of the following financial assurance
mechanisms:
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Section III: Managing Hazardous Waste - RCRA Subtitle C
• Trust fund
• Surety bond (two types)
Payment bond
Performance bond
• Letter of credit
• Insurance
• Financial test
• Corporate guarantee.
Trust Fund
A trust fund allows a facility to set aside
money in increments, according to a phased-in
schedule (known as a pay-in period). At the end of
this pay-in period, the facility will have enough
money set aside to cover its financial assurance
costs, and will have funds specifically earmarked for
closure, post-closure, and liability requirements.
Under some of the other mechanisms (surety
bonds, letters of credit, and corporate guarantees),
owners and operators must establish a standby trust
fund into which any payments made by the
mechanism will be deposited. EPA will then use
this trust fund to cover the respective costs. •
Surety Bonds
A surety bond is a guarantee by a surety
company that specifies that closure, post-closure,
and liability obligations will be fulfilled. If the
owner and operator fails to pay the costs specified in
a bond, the surety company is liable for the costs.
There are two types of surety bonds:
• Payment bond — A payment bond will, in the
event an owner and operator fails to fulfill their
closure, post-closure, or liability obligations,
fund a standby trust fund in the amount equal to
the value of the bond.
• Performance bond — A performance bond
guarantees that the owner and operator will
comply with their closure, post-closure, and
liability requirements. Performance bonds can
also be paid into a standby trust fund. Interim
status facilities may not use performance bonds.
Letter of Credit
A letter of credit is a credit document issued to
a TSDF by a financial institution, covering the cost
of closure, post-closure, or liability activities.
Insurance
The owner or operator of a TSDF may take out
an insurance policy to cover the cost of closure,
post-closure, and liability requirements in the event
that the owner and operator is unable to satisfy these
obligations.
Financial Test
Some companies are of such size and financial
strength that they have the assets to absorb the costs
of closure, post-closure, and liability obligations.
As a result, owners and operators can demonstrate
and document their financial strength by using the
financial test to satisfy the TSDF financial
assurance requirements.
Corporate Guarantee
While not all companies will be able to meet the
financial test requirements, they may be owned by a
company (or have a sibling company) that has the
financial standing and ability to meet the financial
test requirements. In these cases, a TSDF owner and
operator may arrange a corporate guarantee by
demonstrating and documenting that its corporate
parent, corporate grandparent, sibling corporation,
or a firm with a substantial business relationship
with the owner or operator, meets the financial test
requirements on its behalf.
GROUND WATER MONITORING
The treatment, storage, or disposal of hazardous
waste directly on the land creates the potential to
generate hazardous waste leachate that can carry
hazardous contaminants into the environment. Such
contaminants can pose a serious threat to ground
water resources.
Ground water is water found below the land
surface in the part of the earth's crust in which all
voids are filled with water. This water accumulates
in an aquifer, an underground rock formation, that
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provides a significant amount of ground water to
drinking wells and springs.
Ground water serves as a very important
resource by providing drinking water and municipal
water supplies for approximately 50 percent of all
Americans. In some areas, ground water supplies
100 percent of the water supply for all uses. Ground
water is also a very critical resource in agriculture.
Farmers rely on this resource to irrigate the crops
that are later sold at markets across the country.
The importance of ground water is highlighted
by that fact that it is very difficult and expensive to
clean once contaminated. Cleanup can take decades,
and in certain cases cannot restore ground water to
useable conditions.
• General Requirements
In order to protect this valuable resource and
avoid costly cleanups, RCRA requires TSDF owners
and operators of land-based treatment, storage, or
disposal units (i.e., land treatment units, landfills,
surface impoundments, and waste piles) to monitor
the ground water passing under their facilities to
ensure that their hazardous waste management
activities are not contaminating the ground water.
Waivers and Exemptions
Some land-based units are designed or managed
in a way that does not bring the potential for ground
water contamination. Such waivers or exemptions
from the ground water monitoring requirements
apply to:
• Man-made structures that do not receive liquid
wastes, have inner and outer containment layers
and a leak detection system between the
containment layers, and are designed to prevent
the entry of rain water
• Land treatment units that do not release
hazardous constituents into the environment
during the post-closure period
• Indoor waste piles
• Units that do not have the potential to leak
hazardous waste into the environment
• Units that have been clean closed.
Ground Water Monitoring Provisions
The purpose of the ground water monitoring
requirements is to require owners and operators of
land-based units to monitor the ground water that
passes beneath their TSDF in order to detect leaks of
hazardous waste, and facilitate cleanup as soon as
possible. As a result, owners and operators must
install monitoring wells to detect contamination in
the aquifer nearest the ground surface. In order to
ensure that the information received from the
monitoring wells is accurate, TSDF owners and
operators must have:
Enough wells installed in the right places to
accurately represent the ground water activity
under the facility
• Properly installed wells (poorly installed wells
may give false results)
• Lined or cased wells to prevent the collapse of
monitoring well bore holes
• Consistent sampling and analysis procedures
• Statistical methods to avoid false evidence of a
release
• Accurate records containing any information
collected.
The ground water monitoring requirements vary
for permitted and interim status TSDFs. The interim
status ground water monitoring requirements are
designed to generate information about ground
water quality for use in developing the facility's
permit, as well as detect and clean up releases.
• Permitted Facilities
Facilities with permitted land treatment units,
landfills, surface impoundments, or waste piles must
develop a ground water monitoring program. This
ground water monitoring program consists of three
phases:
Detection monitoring, to detect if a leak has
occurred
• Compliance monitoring, to determine if an
established ground water protection standard has
been exceeded once a leak has occurred
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Section III: Managing Hazardous Waste - RCRA Subtitle C
• Corrective action, to clean up contamination
caused by the leak.
Because different TSDFs handle different types
of wastes and will have units of different age and
design, each TSDF's program is unique and site-
specific.
Detection Monitoring Program
Detection monitoring is the first step of ground
water monitoring. The goal is to detect and
characterize any leaks of hazardous waste from the
unit. In detection monitoring, the owner and
operator monitors for indications of a leak from the
unit, looking for potential changes in the ground
water quality from normal (background) levels. A
change from background levels might indicate a leak
from the unit. The results from the sampling wells
are compared to the background ground water
quality levels to determine if there is any evidence
of an increase (see Figure III-16). If the evidence
indicates that the unit is leaking, the owner and
operator must:
• Notify the EPA Regional Administrator within
seven days
• Immediately sample all wells for hazardous
constituents
• Determine which hazardous constituents are
present and at what levels
• Submit an application to modify the facility's
permit to move into the second phase of the
ground water monitoring program (compliance
monitoring)
• Submit a cleanup feasibility plan.
If the owner and operator can prove that the
contamination did not result from their facility, they
can continue detection monitoring.
Compliance Monitoring Program
Once the owner and operator has established that
a release has occurred, they must develop and
implement a compliance monitoring program (see
Figure 111-17). The goal of compliance monitoring
is to ensure that the amount of hazardous waste that
has leaked into the uppermost aquifer does not
exceed acceptable levels. In order to determine
what these acceptable levels are, RCRA requires the
owner and operator to establish a ground water
protection standard (GWPS). The GWPS has four
parts: identification of hazardous constituents;
identification of concentration levels for each
constituent; establishment of a compliance point;
and determination of a compliance period during
which the GWPS applies.
Hazardous Constituents
For purposes of compliance monitoring,
hazardous constituents are those constituents that
have been detected in the uppermost aquifer and are
reasonably expected to be in or derived from the
waste contained in the unit.
Concentration Limits
Concentration limits are the maximum levels
of hazardous waste or hazardous constituents
allowed to be present in the ground water. The
concentration levels can be:
• Background levels
• Maximum contaminant levels (MCLs)
borrowed from SDWA
• Alternative concentration limits (ACLs)
established by the EPA Regional Administrator.
Point of Compliance
The point of compliance is the vertical point
where the owner and operator must monitor the
uppermost aquifer to determine if the leak exceeds
the GWPS.
Compliance Period
The compliance period is the length of time
during which an owner and operator must conduct
compliance monitoring or perform cleanup.
Generally, this period will cover the rest of the
TSDF's operating life and may extend into the post-
closure period.
The owner and operator must monitor at least
semiannually to determine if the GWPS has been
111-82
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Chapter 5: Regulations Governing Treatment, Storage, and Disposal Facilities
Figure 111-16: Detection Monitoring
Normal / Adjusted Water
Water Table/ Table Atter
Installation of Wells
Ground Water
Bed'rock Monitoring
Wells
In detection monitoring, owners and operators compare the sample results from the ground water monitoring wells to the
background water quality levels. A change from background levels might indicate a leak from the unit.
Figure 111-17: Compliance Monitoring
Limit of the Waste
Management Area
Regulated Unit
Uppermost
Aquifer
Direction of Ground
Water Flow
Two-Dimensional
Point of Compliance
During the compliance monitoring program, an owner and operator must ensure that the amount of hazardous waste that
has leaked into the uppermost aquifer does not exceed acceptable levels. To achieve this, an owner and operator must
establish a ground water protection standard, which includes identification of hazardous constituents, identification of
concentration levels for each constituent, establishment of a point of compliance, and determination of a compliance period.
il-83
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Section III: Managing Hazardous Waste - RCRA Subtitle C
exceeded. The specifics of the GWPS will be listed
in the TSDF's permit.
During the compliance period, the owner and
operator must determine whether there is any
evidence of increased contamination for any of the
hazardous constituents specified in the GWPS. This
is accomplished by comparing information collected
at the point of compliance to the concentration limits
set in the GWPS. The owner and operator must also
analyze the samples from compliance wells for all
RCRA hazardous constituents at least annually to
determine if any additional constituents are present
that are not specified in the GWPS. If additional
constituents are found, they must be added to the list
of constituents in the GWPS.
If the GWPS is exceeded, the owner and
operator must:
• Notify the EPA Regional Administrator in
writing within seven days
• Submit an application to modify the facility's
permit to move into the third phase of the
ground water monitoring program (corrective
action)
• Continue to monitor in accordance with the
compliance monitoring program.
If the owner and operator can prove that the
increased contamination resulted from a source
other than their facility, or that the increase was due
to an error in analyzing the sample or natural
variations in ground water, they must notify the EPA
Regional Administrator in writing within seven
days. On the other hand, if the contamination is
found to have resulted from a unit at the TSDF, the
owner and operator must initiate cleanup.
Corrective Action Program
The goal of ground water corrective action
(cleanup) is to clean the ground water to meet the
GWPS. To clean up the contamination, the owner
and operator must either remove the hazardous
constituents from the ground water or treat them in
place. The specific measures undertaken to clean
the ground water will vary with each facility (see
Figure 111-18).
Effectiveness
To make sure the owner's and operator's
corrective action program is working properly, they
must monitor the ground water under the TSDF, and
then report semi-annually on the effectiveness of the
corrective action program.
Time Period
Once the ground water has been treated to meet
the GWPS, the owner and operator may stop
corrective action and return to compliance
monitoring. During the compliance period, facilities
may move between compliance monitoring and
corrective action as necessary to respond to new
releases from the unit.
If the compliance period ends and corrective
action is still being conducted, corrective action
must continue as long as necessary to achieve the
GWPS. Only after the owner and operator has met
the GWPS for three consecutive years may they stop
corrective action. If the unit is still in the post-
closure period, the owner and operator may then
reinstate a detection monitoring program. If the
post-closure period has elapsed, the TSDF has
completed its requirements under RCRA ground
water monitoring.
• Interim Status Facilities
The requirements for interim status facilities
were designed to supply background data on these
facilities before permitting, and to act as a warning
system to detect any releases to ground water prior
to issuing a permit to the facility. The interim status
program is similar to the permitted ground water
monitoring program, but does not include cleanup
provisions. If cleanup is required at an interim
status facility, it will be addressed under RCRA
§3008(h) or §7003 corrective action authorities (as
discussed in Section III, Chapter 9), or in the facility
permit when issued. The interim status ground
water monitoring program is comprised of two
phases: an indicator evaluation and a ground water
quality assessment.
11-84
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Chapter 5: Regulations Governing Treatment, Storage, and Disposal Facilities
Figure 111-18: Ground Water Corrective Action
Injection of Water
and Solvents into
Ground Water
Re-Injection of
Clean Water
Treatment System
Ground Water Flow
An example of ground water corrective action is a ground water pump and treat system. In order to remediate
contamination that has leaked from a disposal site into the uppermost aquifer, the owner and operator injects water and
solvents into the ground. The groundwater flow carries the water and solvents to the contaminant plume, flushes the plume
of the contamination, and carries the contaminants to a recovery well where the contaminated water is pumped to the
surface and treated. Clean water is then re-injected into the ground water for reuse in the pump and treat process.
Indicator Evaluation
To determine if the units at a TSDF are leaking,
the owner and operator must monitor the ground
water under the facility. The information collected
from the monitoring wells is compared to data on
background water quality to determine if any
contamination of the uppermost aquifer has
occurred. If the information indicates that there may
be a release from the facility, the owner and operator
must then begin the second phase, the ground water
quality assessment. If an owner and operator
assumes or already knows that contamination of the
uppermost aquifer has occurred, they may initiate
the ground water quality assessment instead of an
indicator evaluation program.
Ground Water Quality Assessment Program
Once the owner and operator has determined
that there may have been a release from the unit, the
ground water quality assessment helps to determine
the extent of the release. If an owner and operator
must perform a ground water quality assessment,
they must notify the EPA Regional Administrator
within seven days, and prepare and submit a plan on
how to conduct a ground water quality assessment to
the EPA Regional Administrator within 15 days. In
the ground water quality assessment, the owner and
operator must establish how fast the unit is leaking,
how far the leak has spread, and the concentrations
of constituents in the contamination. The owner and
operator must repeat this assessment at least
quarterly until final closure of the facility, and must
keep records of all required analyses and evaluations
on site. They must also submit an annual report to
the EPA Regional Administrator detailing the status
of the ground water quality assessment program.
AIR EMISSION STANDARDS
While many hazardous waste TSDF standards
are designed to protect ground water, potential
contamination of air resources also represents a
threat to human health and the environment. During
the process of hazardous waste treatment, storage, or
111-85
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Sec/ton ///: Managing Hazardous Waste - RCRA Subtitle C
disposal, hazardous constituents can escape into the
air.
One particular class of these constituents,
volatile organics, evaporate easily and have been
linked to several adverse health effects. In order to
control the release of these emissions from
hazardous waste management processes, RCRA
imposes air emission control requirements on units
that commonly manage hazardous waste with
organics.
• Process Vents
Certain types of hazardous waste units are
commonly used to manage wastes with high levels
of volatile organics. As a result, the first set of air
emission requirements addresses process vents
associated with the distillation, fractionation, thin-
film evaporation, solvent extraction, and air and
steam stripping of hazardous waste with an annual
average total organic concentration of 10 parts per
million by weight (ppmw). Owners and operators of
TSDFs with these treatment processes must reduce
organic emissions at their entire facility. To meet
this standard, the owner and operator may either
modify the treatment process or install a device to
control organic emissions.
• Equipment Leaks
Volatile organics can also escape into the air
through gaps between connections of hazardous
waste management equipment, or other leaks from
such equipment. As a result, the second set of air
emission regulations establishes specific leak
detection and repair programs for equipment (e.g.,
valves, pumps, and compressors) that contains or
contacts hazardous waste with at least 10 percent by
weight organics. These programs require leak
detection monitoring and inspection. In addition,
once a leak has been detected, the equipment must
be repaired.
• Containers, Surface Impoundments,
and Tanks
In order to further protect human health and the
environment from the risks posed by volatile
organics, the final set of RCRA air emission
standards require TSDF owners and operators to
control organic air emissions from hazardous waste
containers, surface impoundments, and tanks.
RCRA requires these controls if the units manage
waste with an average volatile organic concentration
above 500 ppmw. These air emission controls
prevent the release of organic constituents through
installation of a control device (e.g., a flare), or
prevention of emissions.
Containers
TSDF owners and operators are subject to one
of three different sets of requirements for containers
depending on the size of the container, the organic
content of hazardous waste placed in the container,
and whether or not waste stabilization (as discussed
in Section III, Chapter 6) occurs in the container.
Small containers (between 26 and 119 gallons) and
large containers (greater than 119 gallons) storing
waste with a low vapor pressure (known as Level 1
containers) must either comply with DOT
requirements, be equipped with a closed cover, or be
fitted with a vapor suppressing barrier. Large
containers storing waste with a high vapor pressure
(known as Level 2 containers) may either meet DOT
specifications, operate with no detectable emissions,
or be vapor tight (i.e., no vapors can escape the
unit). The last category of containers (Level 3
containers) are those units conducting waste
stabilization. These containers must be vented
through a closed-vent system to a control device.
Surface Impoundments
TSDF surface impoundment owners and
operators must either install a cover (e.g., an air-
supported structure or a rigid cover) over the
impoundment, which must be vented through a
closed-vent system to a control device, or equip the
surface impoundment with a floating membrane
cover.
111-86
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Chapter 5: Regulations Governing Treatment, Storage, and Disposal Facilities
Tanks
TSDF tank owners and operators are subject to
one of two different sets of requirements depending
on the vapor pressure of the waste being managed in
the unit. Tanks which store hazardous waste below
certain vapor pressures (known as Level 1 tanks),
must be equipped with, at a minimum, a fixed roof.
Those tanks that store waste with higher vapor
pressures (known as Level 2 tanks), have five
compliance options that range from putting the tank
in an enclosure vented to a control device to using a
closed-vent system that vents emissions from the
unit to a control device.
• Other Requirements
The air emission standards require owners and
operators to keep certain records demonstrating
compliance with these standards in the facility's
operating log.
LQGs are subject to the interim status air
emission control requirements for process vents,
equipment leaks, containers, and tanks. SQGs,
however, are not subject to these air emission
control requirements.
SUMMARY
The RCRA Subtitle C TSDF standards impose
requirements on units that treat, store, or dispose
hazardous waste. These standards include full
operation and management requirements for
permitted facilities (those built after the standards
were established) and less stringent provisions for
interim status facilities (those that were already in
operation).
The TSDF standards require facilities to comply
with:
• General facility standards
• Preparedness and prevention requirements
• Contingency plans and emergency procedure
provisions
• Manifest, recordkeeping, and reporting
requirements.
TSDF owners and operators can treat, store, or
dispose of waste in a variety of units. Each unit has
its own specific standards governing unit design,
construction, operation, and maintenance. Owners
and operators can manage their waste in any of the
following units:
Containers
• Containment buildings
• Drip pads
• Land treatment units
• Landfills
• Surface impoundments
• Tanks
• Waste piles
• Miscellaneous units.
LQGs accumulating waste in containers,
containment buildings, drips pads, and tanks are
subject to the interim status TSDF standards for
these units. SQGs accumulating waste in containers
and tanks are subject to the interim status standards
for these units.
The TSDF standards also establish requirements
to ensure that hazardous waste management units are
closed in a manner that protects human health and
the environment. The closure provisions require the
facility to stop accepting waste; remove all waste
from management units; and decontaminate all soils,
structures, and equipment. Some units (i.e., land
treatment units, landfills, and surface
impoundments) serve as places for the final disposal
of hazardous waste. These land disposal units must
comply with additional post-closure requirements to
ensure proper long-term unit maintenance.
Because closure and post-closure activities can
be very expensive, the TSDF standards require
owners and operators to demonstrate financial
assurance. These provisions also require all TSDFs
to set aside funds in order to compensate third
parties for bodily injury and property damage that
might result from hazardous waste management
operations.
RCRA's TSDF standards also include provisions
to protect ground water and air resources from
1-87
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Section III: Managing Hazardous Waste - RCRA Subtitle C
hazardous waste contamination. RCRA requires
owners and operators of land-based units (i.e., land
treatment units, landfills, surface impoundments, and
waste piles) to monitor the ground water below their
TSDF for possible contamination, and clean up any
discovered contamination.
In order to protect air resources, TSDFs are
required to install unit controls to prevent organic
emissions from escaping into the air. The air
emissions controls apply to process vents,
equipment leaks, containers, surface impoundments,
and tanks.
111-88
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CHAPTER 6
LAND DISPOSAL RESTRICTIONS
In this chapter... ^
* "Overview 111-89
Applicability 111-90'
LDR Prohibitions ., 111-91
' - Disposal Prohibition ....,...'. .",..7"fH-9"l
^ - Dilution Prohibition ........ 111-96
*"-- StoFage Prohibition '. „.." "..'. Ilf-96
History of LDR , ~a ....,., I... 111-96
piSummary ••••• I'b98
t-Additional Resources ..., 1)1-98
OVERVIEW
A common hazardous waste management
practice is to place hazardous waste in land-based
units (i.e., land treatment units, landfills, surface
impoundments, or waste piles). In 1999,
approximately 69 percent of hazardous
nonwastewaters generated under RCRA were
permanently disposed on the land. The permanent
disposal of hazardous waste in land-based units has
the potential to threaten human health and the
environment through ground water contamination.
As a result, the RCRA program contains extensive
technical requirements to ensure that land-based
units prevent hazardous leachate from escaping into
the environment. To complement the unit-specific
standards, which alone do not fully protect human
health and the environment from the potential risks
of land-based hazardous waste management, RCRA
includes the LDR program.
The LDR program approaches ground water
protection differently from unit-specific technical
standards. This program does not mandate physical
barriers to protect ground water, but instead requires
that hazardous wastes undergo fundamental
physical or chemical changes so that they pose less
of a threat to ground water, surface water, and air
when disposed. The obvious advantage of such
hazardous waste treatment is that it provides a
longer lasting form of protection than does simple
hazardous waste containment. While synthetic
barriers designed to prevent the migration of
leachate can break down and fail over time,
physical and chemical changes to the waste itself
provide a more permanent type of protection.
When directing EPA to establish the LDR
program, Congress called for regulations that
specified concentrations of hazardous constituents
or methods of treatment that would substantially
decrease the toxicity of hazardous waste or decrease
the likelihood that contaminants in such wastes
would leach. EPA responded to these requirements
by establishing waste-specific treatment standards
that dictate to what extent waste must be treated.
All hazardous wastes, except under certain
circumstances, must meet a specific treatment
standard before they can be disposed.
111-89
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Section III: Managing Hazardous Waste - RCRA Subtitle C
APPLICABILITY
Wastes must be a RCRA hazardous waste in
order to be subject to the LDR program. In other
words, unless a waste meets the definition of a solid
and hazardous waste, its disposal is not regulated
under the LDR program. Once a generator identifies
its waste as hazardous (either listed, characteristic,
or both), the waste is assigned a waste code. When
EPA establishes a treatment standard for the waste
code, the waste will then become restricted (i.e.,
subject to the LDR requirements). RCRA requires
that EPA establish treatment standards for hazardous
wastes within six months of promulgating a new
listing or characteristic. Until EPA establishes a
treatment standard for a waste, this newly identified
or newly listed waste (i.e., waste for which EPA has
yet to establish a treatment standard) can continue to
be land disposed without treatment. When EPA
promulgates a final treatment standard for a waste,
handlers of the waste must manage it in accordance
with all the LDR requirements and cannot dispose of
it on the land until it meets all applicable treatment
standards (see Figure 111-19).
While the LDR program generally applies to all
persons who generate, transport, treat, store, or
dispose of restricted hazardous wastes, there are
exclusions from the LDR requirements. The
following wastes are not subject to the LDR
program:
• Waste generated by CESQGs
• Waste pesticides and container residues
disposed of by farmers on their own land
• Newly identified or newly listed hazardous
wastes for which EPA has yet to promulgate
treatment standards
• Certain waste releases that are mixed with a
facility's wastewater and discharged pursuant to
CWA.
Figure lli-19: Land Disposal Restrictions Applicability
Is material a solid waste?
.Yes
Is waste a listed or characteristic hazardous waste?
Yes
Is waste:
1) Generated by a CESQG; or
2) A pesticide/container residue disposed by a farmer on his own land; or
3) A low-volume release mixed with facility wastewater and discharged
under CWA?
Yes
WASTE IS NOT SUBJECT
TO LDR
No
Does waste have a treatment standard?
No
WYes
WASTE IS SUBJECT TO LDR
J
II-90
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Chapter 6: Land Disposal Restrictions
Wastes meeting any of these descriptions may
continue to be land disposed without being subject to
the LDR program.
The LDR requirements attach to a hazardous
waste at its point of generation. In other words,
once a waste has been generated, identified, and
assigned a waste code, it must be treated in
accordance with LDR requirements before being
disposed. As a general principle, a hazardous waste
must meet all applicable treatment standards to be
eligible for land disposal. For purposes of the LDR
program, a generator of a listed hazardous waste
must determine if the waste also exhibits any
hazardous waste characteristics. If it does, then the
treatment standard for all waste codes must be met
before land disposal.
LDR PROHIBITIONS
The LDR program consists of three main
components: the disposal prohibition, the dilution
prohibition, and the storage prohibition. This series
of prohibitions restricts how wastes subject to LDR
requirements are handled. The most visible aspect
of the LDR program is the disposal prohibition,
which includes treatment standards, variances,
alternative treatment standards, and notification
requirements. Land disposal means placement in
or on the land, except in a corrective action unit, and
includes, but is not limited to, placement in a
landfill, surface impoundment, waste pile, injection
well, land treatment facility, salt dome formation,
salt bed formation, underground mine or cave, or
placement in a concrete vault, or bunker intended for
disposal purposes. The other two components work
in tandem with the disposal prohibition to guide the
regulated community in proper hazardous waste
management. The dilution prohibition ensures that
wastes are properly treated, and the storage
prohibition ensures that waste will not be stored
indefinitely to avoid treatment.
• Disposal Prohibition
The first component of the LDR program, the
disposal prohibition, prohibits the land disposal of
hazardous waste that has not been adequately treated
to reduce the threat posed by such waste. The
criteria that hazardous D|SPOSAL PROmBITION
wastes must meet
before being disposed The disposal prohibition
of are known as prohibits the land disposal
treatment standards. °f hazardous waste thai
has not been adequately
These treatment treated to reduce the threat
standards can be either posed by such waste.
concentration levels - ~-
for hazardous
constituents that the waste must meet or treatment
technologies that must be performed on the waste
before it can be disposed.
EPA bases the LDR treatment standards on the
performance of available technologies. EPA
conducts extensive research into available treatment
technologies to determine which proven, available
technology is the best at treating the waste in
question. The technology that best minimizes the
mobility or toxicity (or both) of the hazardous
constituents is designated as the Best Demonstrated
Available Technology (BDAT) for that waste. The
treatment standards are based on the performance of
this BDAT.
When treatment standards are set as
concentration levels, the regulated community may
use any method or technology (except dilution, as
discussed later in this chapter) to meet that
concentration level. The concentration level is
based on the performance of the BDAT, but the
regulated community does not need to use this
technology to meet the treatment standard. EPA
prefers to use concentration-based standards because
they stimulate innovation and the development of
alternative treatment technologies. However, when
EPA feels that the waste will only be effectively
treated by the BDAT or when there is no way to
measure hazardous constituent levels, the Agency
will designate the BDAT as the treatment standard.
This means that the regulated community must treat
the waste with that specific technology in order to
meet the treatment standard.
The treatment standards are found in the
regulations in a table arranged by hazardous waste
code (40 CFR §268.40). Concentration-based
treatment standards appear in the table as numeric
values. The few treatment standards that require the
use of a specific technology are expressed as a five-
111-91
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Section III: Managing Hazardous Waste - RCRA Subtitle C
letter code representing the technology (see Figure
111-20). There are 30 such codes representing
specific technology-based standards. Descriptions
of these codes and the technologies that they require
are found in the regulations in a separate table in 40
CFR §268.42 (see Figure 111-21).
Characteristic Hazardous Wastes
Both listed and characteristic hazardous wastes
must meet the LDR treatment standards before they
are eligible for land disposal. There are, however,
some unique situations that arise when dealing with
characteristic wastes under the LDR program.
The treatment standards for most characteristic
hazardous wastes entail rendering the waste
nonhazardous (i.e., decharacterizing the waste or
removing the characteristic). However, some
characteristic waste treatment standards have
additional requirements. The regulated community
must examine these wastes for underlying
hazardous constituents. These constituents are not
what causes the waste to exhibit a characteristic, but
they can pose hazards nonetheless. The underlying
hazardous constituents must be treated in order to
meet contaminant-specific levels. These levels are
referred to as the universal treatment standards
(UTS), and are listed in a table in the RCRA
regulations (40 CFR §268.48). This is why some
characteristic wastes that no longer exhibit a
characteristic must still be treated to meet additional
LDR requirements. Once such characteristic
hazardous wastes have been decharacterized and
treated for underlying constituents, they can be
disposed of in a nonhazardous waste landfill.
Variances, Extensions, and Exemptions
If a restricted waste does not meet its applicable
treatment standard, it is prohibited from land
disposal. Although most wastes become eligible for
disposal by meeting the treatment standards, in some
instances this may not be possible. For example,
there may not be enough treatment capacity to treat
a waste, or the concentration level may not be
achievable. To address these situations, EPA
established procedures that allow wastes to be
Figure 111-20: Excerpts from the 40 CFR §268.40 Treatment Standards Table
Concentration-Based ||
Standard |
/
TREATMENT STANDARDS FOR HAZARDOUS WASTES /
WASTE
CODE
K009
K026
WASTE DESCRIPTION
AND
TREATMENT/
REGULATORY
SUBCATEGORY
Distillation bottoms from
the production of
acetaldehyde from
ethylene
Stripping still tails from
the production
of methyl ethyl pyridines
REGULATED HAZARDOUS
CONSTITUENT
Common
Name
Chloroform
NA
CAS
Number
67-66-3
NA
WASTEWATERS
Concentration in
mg/1; or
Technology Code
0.046
CMBST
NONWASTEWATERJB
Concentration in mi/kg
unless notes as "mg/l/TCLP";
or Technology Code
6.0
CMBST
A
7
Technology-Based H
Standard If
n
11-92
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Chapter 6: Land Disposal Restrictions
Figure 111-21: Excerpts from the 40 CFR §268.42 Technology-Based Standards Table
Code
BIODG
CHRED
CMBST
DEACT
MACRO
NEUTR
PRECP
REMTL
RORGS
STABL
Technology
Biodegradation
Chemical reduction
Combustion
Deactivation
Macroencapsulation
Neutralization
Precipitation
Recovery of Metals
Recovery of Organics
Stabilization
Description
Biodegradation uses microorganisms to break down organic compounds
to make a waste less toxic.
Chemical reduction converts metal and inorganic constituents in
wastewater into insoluble precipitates that are later settled out of the
wastewater, leaving a lower concentration of metals and inorganics in the
wastewater.
Combustion destroys organic wastes or makes them less hazardous
through burning in boilers, industrial furnaces, or incinerators.
Deactivation is treatment of a waste to remove the characteristic of
ignitability, corrosivity, or reactivity. Deactivation can be achieved using
many of the treatment technologies in 40 CFR §268.42, Table 1 . Part 268,
Appendix VI recommends technologies that can be used to deactivate
specific wastestreams.
Macroencapsulation is the application of a surface coating material to
seal hazardous constituents in place and prevent them from leaching or
escaping.
Neutralization makes certain wastes less acidic or certain substances
less alkaline.
Precipitation removes metal and inorganic solids from liquid wastes to
allow the safe disposal of the hazardous solid portion.
Recovery of organics uses direct physical removal methods to extract
metal or inorganic constituents from a waste.
Recovery of organics uses direct physical removal methods (e.g.,
distillation, steam stripping) to extract organic constituents from a waste.
Stabilization (also referred to as solidification) involves the addition of
stabilizing agents (e.g., Portland cement) to a waste to reduce the
leachability of metal constituents.
disposed of under special circumstances. The
following exemptions, variances, and extensions
allow wastes to be disposed of without meeting their
respective treatment standards, or to be treated to a
different standard:
• National capacity variances
• Case-by-case extensions
• No-migration variances
• Variances from a treatment standard
• Equivalent treatment method variances
• Surface impoundment treatment exemptions.
While national capacity variances, when needed,
are automatically granted to all affected hazardous
waste management facilities, the other five
exemptions, variances, and extensions require a
facility to specifically petition the Agency.
National Capacity Variances
When developing a treatment standard, EPA
examines the available treatment capacity to
determine whether it is sufficient to handle current
and future waste management needs. If the Agency
determines that nationally there is not enough
capacity to treat a waste, EPA can automatically
extend the effective date of the waste's treatment
standard. Such an extension to the effective date is
intended to give the waste treatment industry more
time to develop the capacity to handle the waste.
Wastes under a national capacity variance can be
disposed of, without meeting the treatment
standards, in landfills and surface impoundments
lli-93
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Section III: Managing Hazardous Waste - RCRA Subtitle C
CASE STUDY: DECHARACTERIZED WASTES AND THE REQUIREMENT TO TREAT
FOR UNDERLYING HAZARDOUS CONSTITUENTS
A facility generates an industrial nonwastewater that contains benzene, acetone, and methanol. The generator
determines that their waste is not listed based on its origin, but upon testing the waste, determines that it fails the'
TCLP for benzene. As a result, the waste is identified as D018. According to the LDR treatment standard for D018,
the benzene in the waste must be treated to a standard of 10 mg/kg, and the waste must also be treated for acetone
and methanol underlying hazardous constituents. The generator decides to treat the waste in containers at the
facility. After treatment, the benzene meets the 10 mg/kg standard and no longer exhibits a characteristic. Although
the waste is technically no longer a hazardous waste, it must be treated for the acetone and methanol underlying
hazardous constituents before it can be land disposed.
that meet minimum technical requirements (e.g.,
liners, leachate collection and removal systems, and
leak detection systems). (These technical
requirements are fully discussed in Section III,
Chapter 5.)
Case-fcy-Case Extensions
A facility may petition EPA for a case-by-case
extension to delay the effective date of a waste's
treatment standard, upon showing that capacity does
not exist for that particular waste. Similar to
national capacity variances, wastes granted case-by-
case extensions can be disposed of without meeting
the treatment standards in landfills and surface
impoundments that meet minimum technical
requirements.
No-Migration Variances
No-migration variances differ from capacity
variances hi that they apply to the disposal unit
instead of to the waste, and allow wastes to be
disposed of in the unit without meeting the treatment
standards. To obtain a no-migration variance for a
disposal unit, a facility must petition EPA and
demonstrate that there will be no migration of
hazardous constituents from the unit (i.e., the waste
will not leak or escape from the unit) for as long as
the wastes remain hazardous.
Variances from a Treatment Standard
Variances from a treatment standard allow the
regulated community to petition EPA and show that
the required LDR treatment standard is not
appropriate for their waste, or that the treatment
standard is not achievable. If a variance is granted,
EPA will specify an alternative standard to meet.
Equivalent Treatment Method Variances
Equivalent treatment method variances allow the
regulated community to petition EPA and
demonstrate that a technology different from the
required LDR treatment technology can achieve the
same results. If approved, the applicant can use the
alternative technology in place of the required
technology.
Surface Impoundment Treatment Exemptions
Surface impoundment treatment exemptions
allow the regulated community to petition EPA for
permission to treat hazardous waste in surface
impoundments (surface impoundments are fully
discussed in Section III, Chapter 5). Under normal
circumstances, owners and operators cannot place
untreated hazardous waste on the land, even if it is
in a land-based unit for treatment. Since many
facilities use surface impoundments as a means of
treating waste, the surface impoundment treatment
exemption allows owners and operators to conduct
such treatment under certain conditions. Surface
impoundments treating waste under this exemption
must comply with double liner and minimum
technical requirements, and provisions for the
removal of sludges and treatment residues.
Alternative Treatment Standards
In establishing treatment standards, the Agency
applied the BOAT methodology to the typical forms
of waste generated by industry. Some forms of
hazardous waste are unique and were not taken into
account by the BOAT process when treatment
standards were established. As a result, EPA created
a number of broad, alternative treatment standards
for special types of waste.
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Chapter 6: Land Disposal Restrictions
Lab Packs
Laboratories commonly generate small volumes
of many different listed hazardous wastes. Rather
than manage all these wastes separately, labs often
consolidate these small containers into lab packs.
Trying to meet the individual treatment standards for
every waste contained in a lab pack would be
impractical. To ease the compliance burden, EPA
established an alternative treatment standard for lab
packs that allows the whole lab pack to be
incinerated, followed by treatment for any metal in
the residues. Treatment using this alternative
standard satisfies the LDR requirements for all
individual wastes in the lab pack.
Debris
Debris can become contaminated with hazardous
waste accidental releases or spills. While such
contaminated debris is typically regulated under the
contained-in policy (as discussed in Section III,
Chapter 1), it may also be subject to LDR treatment
standards. The physical characteristics of such
debris may make it difficult to meet the LDR
treatment standard for the waste that is
contaminating it. For example, incinerating a
solvent-saturated brick wall is not necessarily going
to destroy the solvent constituents that are safely
nestled in between the pieces of brick. Instead of
. requiring debris to meet these sometimes
inappropriate and difficult standards, EPA
established a set of alternative standards that can be
used to treat hazardous debris (40 CFR §268.45,
Table 1). The alternative standards range from
removing all contaminants with high pressure
washing, to encapsulating the debris in order to
prevent hazardous constituents from leaching.
Debris treated with these alternative treatment
standards meets the LDR requirements, and in many
cases, can be disposed of as nonhazardous waste.
Soil
Cleanup, or remediation, of hazardous waste
sites will often produce contaminated soil.
Contaminated soil must be handled as hazardous
waste if it contains a listed hazardous waste or if it
exhibits a characteristic of hazardous waste (see
discussion of the contained-in policy in Section III,
Chapter 1). As with hazardous waste, land disposal
of hazardous soil is prohibited until the soil has been
treated to meet LDR standards. These contaminated
soils, due to either their large volume or unique
properties, are not always amenable to the waste
code-specific treatment standards found in §268.40.
Because of this, EPA promulgated alternative soil
treatment standards in §268.49 in May 1998.
The alternative soil treatment standards mandate
reduction of hazardous constituents in the soil by
90% or ten times UTS, whichever is higher.
Removal of the characteristic is also required if the
soil is ignitable, corrosive, or reactive.
Notification, Certification, and Recordkeeping
In order to properly track the hazardous waste
that is generated, transported, treated, stored, and
disposed of, EPA imposes certain LDR notification,
certification, and recordkeeping requirements on
generators andTSDFs. LDR notifications inform
the next waste handler how the waste must be
treated to meet the treatment standard or if it can be
disposed of without treatment. When wastes do not
need to meet a treatment standard, or already meet
the standard, EPA requires the handler to sign a
statement certifying such a claim.
Generators must send a notification with the
initial shipment of every waste. If the waste,
process, or receiving facility changes, another
notification is required. The information that the
notification must include varies according to the
status of the waste. For example, the notification
requirements will differ slightly if the waste meets
its treatment standard or is subject to a national
capacity variance.
Treatment facilities have to send similar
notifications along with the shipment of treated
wastes to disposal facilities. A certification
normally accompanies this notification stating that
the waste meets its treatment standards and may be
land disposed. Disposal facilities are the final link
in the waste management chain. As a result, they
have to test the waste residue that they receive to
ensure that it meets the treatment standards.
Each hazardous waste handler must comply with
certain recordkeeping requirements for LDR
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Section III: Managing Hazardous Waste - RCRA Subtitle C
notifications and paperwork. Generators, treatment
facilities, and disposal facilities must keep copies of
all LDR paperwork associated with the waste they
ship or receive in their facility files for three years.
Characteristic wastes that are decharacterized
subsequent to the point of generation (i.e., they
become nonhazardous) are handled differently.
Once a waste is decharacterized and has met its full
LDR treatment standards, it can go to a RCRA
Subtitle D nonhazardous waste facility. These LDR
notifications and certifications are sent to the EPA
Region or authorized state rather than to the
receiving Subtitle D facility. This is intended to
protect Subtitle D facilities from the burden of
hazardous waste paperwork.
• Dilution Prohibition
The second component of the LDR program is
the dilution prohibition. When a waste's treatment
standard is expressed as a numeric concentration
level, it is often easier and less expensive to dilute
the waste in water or soil in order to reduce the
concentration of the hazardous constituents. This
type of activity does not reduce the overall or mass
load of toxic chemicals that could be released to the
environment, and is inconsistent with the goals of
the LDR program. To prevent this activity from
being practiced, EPA established the dilution
prohibition. The dilution prohibition states that it is
impermissible to dilute hazardous waste to
circumvent proper treatment. Adding water or soil
to a waste to dilute it, combining wastes not
DILUTION PROHIBITION
The dilution prohibition forbids dilution, such as the r
addition of soil or water to waste, in order to reduce
the concentrations of hazardous constituents, and can
prohibit treatment of a waste by ineffective or
inappropriate treatment methods. Examples of
ineffective or inappropriate treatment include
biodegradation, combustion, or incineration of metals,
and stabilization of organics. The clearest objective
indication that proper treatment is being conducted is
if the treatment is the same type as that on which the
treatment standard is based (i.e., if the treatment
method is the same as the BOAT that established the
waste's treatment standard) or if the treatment process
actually destroys or removes hazardous constituents.
amenable to the same type of treatment, and
incinerating metal wastes are all examples of
impermissible dilution.
• Storage Prohibition
STORAGE PROHJLBJLT|pN_
The storage prohibition
prevents the indefinite
storage of untreated
hazardous waste for
reasons other than the
accumulation of"
: quantities necessary for
lffe,ctjve,_treatment or
disposal.
The final
component of the LDR
program is the storage
prohibition. Before a
waste can be treated, it
is usually stored in
units, such as
containers and tanks.
These storage units are
not intended for the
long-term management * "
of waste, and therefore, are not required to provide
the same level of protective measures as disposal
units. To prevent indefinite storage, EPA regulations
state that if waste storage exceeds one year, the
facility has the burden of proving that such storage is
being maintained in order to accumulate quantities
necessary for effective treatment or disposal. For
storage less than one year, EPA has the burden of
proving that such storage is not for the purpose of
accumulating quantities necessary for effective
treatment or disposal. Generators accumulating
waste on site within their respective accumulation
time limits (as discussed in Section III, Chapter 3),
and transfer facilities temporarily storing manifested
shipments of hazardous waste for less than 10 days
(as discussed in Section III, Chapter 4), are not
subject to this burden of proof requirement.
HISTORY OF LDR
The LDR program has a complicated history.
The progression of the LDR program is important in
understanding how and why the LDR program
operates the way it does today (see Figure III-2.2).
HSWA established the authority for the LDR
program. When HSWA was enacted, EPA had
'already listed and identified a large number of
hazardous wastes. As a result, the Agency had to
gradually address these wastes by establishing LDR
treatment standards in stages. Congress directed
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Chapter 6: Land Disposal Restrictions
Figure 111-22: Significant Land Disposal Restrictions Rulemakings
November 7,
1986
July 8,
1987
August 17,
1988
June 23, Junel,
1989 1990
August 18, September 19,
1992 1994
April 8,
1996
May 12,
1997
t
Solvent and Dioxin Rule
(51 FR 40572)
t
First Third Rule
(53 FR 31138)
t
Third Third Rule
(55 FR 22520)
t
Phase II Rule
(59 FR 47980)
t
Phase IV Rule
(62 FR 25998)
California List Rule
(52 FR 25760)
Second Third Rule
(54 FR 26594)
Phase I Rule
(57 FR 37194)
Phase 111 Rule
(61 FR 15565)
EPA to address certain high-risk and high-volume
wastes first, and established a three-part schedule for
EPA to follow in addressing the remaining wastes.
The three parts of this schedule are known as the
Thirds.
Before EPA could address the wastes in the
Thirds, the Agency was required to address those
wastes that were high-risk (dioxins) and those
wastes that were generated in large amounts
(solvents). The treatment standards for these wastes
were promulgated on November 7,1986. This
rulemaking also established the basic framework for
the LDR program.
Because EPA's promulgation of LDR treatment
standards for the large number of wastes in the
Thirds would take considerable time, the Agency
established interim treatment standards to ensure
adequate protection of human health and the
environment. These interim standards are known as
the California list. The list, based on a program
established by California's Department of Health
Services, became effective on July 8, 1987. These
standards did not target specific waste codes, but
rather wastes containing certain toxic constituents or
exhibiting certain properties. As EPA established
waste-specific treatment standards in the Thirds, the
California list provisions were superseded. All of
the provisions on the list have now been superseded.
•*
To address the wastes that were-to be covered
under the Thirds, EPA ranked the wastes according
to hazard and volume generated. Those wastes that
posed the greatest potential threat were addressed
first through a rulemaking on August 17, 1988.
These wastes are known as the First Third wastes.
The treatment standards for the Second Third wastes
were promulgated on June 23, 1989, and the
treatment standards for the Third Third wastes were
promulgated on June 1, 1990.
While EPA was addressing the solvents, dioxins,
and the Thirds, other hazardous wastes were being
listed and identified as part of the Agency's
continuing process of hazardous waste
identification. These newly listed and identified
wastes, which became subject to RCRA after
HSWA, were grouped in their own respective
schedules. These schedules are known as the
Phases. These schedules not only promulgated
treatment standards for newly listed and identified
wastes, but also made minor modifications and
improvements to the LDR regulatory program.
On August 18, 1992, EPA promulgated Phase I,
which finalized treatment standards for the first set
of newly listed wastes and established alternative
treatment standards for hazardous debris. On
September 19, 1994, EPA promulgated Phase II,
which also finalized treatment standards for
additional newly listed wastes and added the UTS
table (40 CFR §268.48). On April 8, 1996, EPA
promulgated Phase III, which not only finalized
treatment standards for a third set of newly listed
wastes, but also prohibited the combustion of metals
(such treatment is ineffective and thus constitutes
111-97
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Section III: Managing Hazardous Waste - RCRA Subtitle C
impermissible dilution). On May 12, 1997, EPA
promulgated the first half of Phase IV, which
finalized the last set of treatment standards for newly
listed wastes and modified the LDR notification
requirements. The second half of Phase IV,
published on May 26, 1998, completed the schedule
established by the Phases by finalizing treatment
stndards for newly identified toxicity characteristic
metal wastes and formerly exempt mineral
processing wastes, and established alternative
treatment standards for soil contaminated with
hazardous waste.
With the completion of the four Phases, EPA has
promulgated standards for all currently identified
and listed hazardous wastes. EPA now promulgates
the LDR treatment standards for a waste when the
waste is initially identified or listed.
SUMMARY
The LDR program is designed to protect ground
water from contamination by requiring hazardous
wastes to be physically or chemically altered to
reduce the toxicity or mobility of hazardous
constituents prior to disposal. The LDR
requirements apply to all hazardous wastes (with a
few exceptions) once a treatment standard has been
established for the waste. These requirements attach
at the point of generation, at which time generators
must determine both hazardous waste listings and
characteristics. Based on this determination, the
waste must meet all applicable treatment standards
before disposal. The LDR program consists of
prohibitions on:
• Disposal
• Dilution
• Storage.
The disposal prohibition requires that hazardous
wastes be treated to meet waste specific treatment
standards before disposal. These standards are
based on the BOAT process and requires treatment
to a specific concentration level or treatment by a
specific technology. EPA established a series of
variances, exemptions, and extensions to address
those situations where the required treatment
standard cannot be achieved. The LDR program
also includes alternative treatment standards for
unique wastestreams, such as lab packs, debris, and
soil. To ensure that wastes receive proper treatment
and are managed appropriately, EPA also
established notification and recordkeeping
requirements.
The dilution prohibition prevents treatment by
ineffective or inappropriate methods. The storage
prohibition is intended to require expeditious
treatment.
Since 1986, when the first treatment standards
were promulgated, the LDR program has continually
evolved. EPA has finished establishing treatment
standards for all existing, newly identified, and
newly listed wastes based on two rulemaking
schedules (the Thirds and Phases), and the Agency
now establishes treatment standards for hazardous
wastes when they are either listed or identified.
ADDITIONAL RESOURCES
Additional information about the topics covered
in this chapter can be found at www.epa.gov/
epaoswer/hazwaste/ldr/index.htm.
111-98
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CHAPTER 7
HAZARDOUS WASTE COMBUSTION
.//j this chapter...
.Overview v ........ , HI-99
ItWhat are the ReguFated Units? UPlOl
'*\ Incinerators '.. Ill-id
lg™%* ^ ^ ^^ K*~ t * ^
f - Boilers and Industrial Furnaces , 111-101
*•&*
s-Regulatory Requirements ,. 111-103
7|t"Co*mbustion Standards under RCRA 111-103
?|:MACT Standards under the CAA Fll-105
^Additional Requirements 111-107
5Jfurnmary ._.T. 7.J 111-107
.», Additional Resources 111-108
OVERVIEW
A large number of TSDFs use combustion, the
controlled burning of substances in an enclosed area,
as a means of treating and disposing of hazardous
waste. Approximately 11 percent of the hazardous
nonwastewater generated in the United States in
1999 was treated using combustion. As a hazardous
waste management practice, combustion has several
unique attributes. First, if properly conducted, it
permanently destroys toxic organic compounds
contained in hazardous waste by breaking their
chemical bonds and reverting them to their
constituent elements, thereby reducing or removing
their toxicity. Second, combustion reduces the
volume of hazardous waste to be disposed of on land
by converting solids and liquids to ash. Land
disposal of ash, as opposed to disposal of untreated
hazardous waste, is in many instances both safer and
more efficient.
Combustion is an intricate treatment process.
During burning, organic wastes are converted from
solids and liquids into gases. These gases pass
through the flame, are heated further, and eventually
become so hot that their organic compounds break
down into the constituent atoms. These atoms
combine with oxygen and form stable gases that are
released to the atmosphere after passing through air
pollution control devices.
The stable gases produced by combustion of
organics are primarily carbon dioxide and water
vapor. Depending on waste composition, however,
small quantities of carbon monoxide, nitrogen
oxides, hydrogen chloride, and other gases may
form. These gases have the potential to cause harm
to human health and the environment. The
regulation of these emissions is the primary focus of
the RCRA combustion unit standards.
The management or disposal of metals and ash,
other by-products of the combustion process, also
causes concern. Ash is an inert solid material
composed primarily of carbon, salts, and metals.
During combustion, most ash collects at the bottom
of the combustion chamber (bottom ash). When
this ash is removed from the combustion chamber, it
may be considered hazardous waste via the derived-
from rule or because it exhibits a characteristic.
Small particles of ash (particulate matter that may
also have metals attached), however, may be carried
up the stack with the gases (fly ash). These
particles and associated metals are also regulated by
the combustion regulations, as they may carry
hazardous constituents out of the unit and into the
atmosphere. Since combustion will not destroy
11-99
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Section III: Managing Hazardous Waste - RCRA Subtitle C
inorganic compounds present in hazardous waste,
such as metals, it is possible that such compounds
may also end up in bottom ash and fly ash at harmful
concentrations. Ash residue is subject to applicable
RCRA standards and may need to be treated for
metals or other inorganic constituents prior to land
disposal (see Figure 111-23).
In the early years of RCRA, EPA's idea was to
combust as much hazardous waste as possible and
landfill the resultant ash. This process destroyed the
majority of the waste, thus reducing the volume
requiring disposal. However, it was determined that
incomplete or improperly conducted combustion had
the potential to present a major public health risk,
and therefore, became the topic of much public
outcry. This public concern, coupled with EPA's
advancements in assessing potential risks arising
from combustion, caused a shift in EPA's strategy on
combustion. This shift in thinking resulted in the
increasing stringency of combustion requirements
over time.
In September 1999, EPA issued a joint Clean Air
Act (CAA)/RCRA rule that upgraded the emission
standards for hazardous waste combustors, based on
the maximum achievable control technology
(MACT) approach commonly employed under the
CAA. This process develops technology-based,
emission limits for individual hazardous air
pollutants. Much like the BDAT concept for LDR
(as discussed in Section III, Chapter 6), the MACT
emission standards are based on the performance of
a technology. EPA researches available pollution
control technologies to determine which available
technology is the best at controlling each pollutant to
determine allowable emission limits. The regulated
community may then use any technology to meet the
numeric emission standards set by EPA.
Consistent with EPA's trend of gradually
increasing the stringency of standards over time, this
joint rule promulgated more stringent emissions
standards for dioxins, furans, mercury, cadmium,
lead, particulate matter, hydrogen chloride, chlorine
gas, hydrocarbons, carbon monoxide, and several
low-volatile metals. After the promulgation of this
rule, a number of parties representing the interests of
both industrial sources and the environmental
community, requested judicial review of this rule.
Figure 111-23: The Combustion Process
AIR POLLUTION
CONTROL DEVICE •
COMBUSTION CHAMBER
STABLE GASES
(Carbon Dioxide, Water
Vapor, Carbon Monoxide,
Nitrogen Oxide, Hydrogen
Chloride, and Chlorine)
FLY ASH
(Particulate Matter,
Carbon, Salts, and
Metals)
Atoms combine with
oxygen to form
stable gases
Gases pass through flame
and break down into atoms
Waste is converted
to gases
BOTTOM ASH
(Carbon, Salts, and Metals)
111-100
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Chapter 7: Hazardous Waste Combustion
In July 2001, the United States Court of Appeals
for the District of Columbia Circuit vacated the
challenged portions of the rule. When it made its
decision, the Court invited any of the parties to
request, either that the current standards remain
intact, or that EPA be allowed time to publish
interim standards. Acting on this initiative, EPA and
the other parties jointly asked the Court for
additional time to develop interim standards, and the
Court granted this request. On February 13, 2002,
EPA published these interim standards which
temporarily replace the vacated standards. The
interim standards will remain in place until EPA
issues final "replacement" standards that comply
with the Court's opinion. EPA has also completed
other actions agreed to in the joint motion, such as
extending the compliance date by one year to
September 30, 2003, and finalizing several
amendments to the complaince and implementation
provisions by February 14, 2002. The MACT
standards are discussed later in this chapter.
WHAT ARE THE REGULATED
UNITS?
Hazardous wastes are combusted for various
purposes. The purpose of combustion is directly
related to the type of unit used. There are two
classes of combustion units, those that burn waste
for energy recovery and those that burn waste for
destruction.
• Incinerators
The first class of combustion units are hazardous
waste incinerators. Incineration is the combustion of
hazardous waste primarily for destruction (i.e.,
disposal). Incineration is a method of thermal
destruction of primarily organic hazardous waste
using controlled flame combustion (see Figure III-
24). This process can reduce large volumes of waste
materials to ash and lessen toxic gaseous emissions.
An incinerator is an enclosed device that uses
controlled flame combustion and does not meet the
more specific criteria for classification as a boiler,
industrial furnace, sludge dryer (a unit that
dehydrates hazardous sludge), or carbon
regeneration unit (a unit that regenerates spent
activated carbon). Incinerators also include infrared
incinerators (a unit that uses electric heat followed
by a controlled flame afterburner) and plasma arc
incinerators (a unit that uses electrical discharge
followed by a controlled flame afterburner).
Figure 111-24: Cross-Section of an Incinerator
Auxiliary Fuel
and/or
Liquid Waste
Air
Auxiliary Fuel
and/or
Liquid Waste
Feed Ram
Ash
Transfer Ram
Ash
Discharge Ram
Ash Discharge
• Boilers and Industrial Furnaces
The second class of combustion units are BIFs.
Boilers are used to recover energy from hazardous
waste, while industrial furnaces are used primarily to
recover material values.
EPA defines boilers as enclosed devices that use
controlled flame combustion to recover and export
energy in the form of steam, heated fluid, or heated
gases. A boiler is comprised of two main parts, the
combustion chamber used to heat the hazardous
waste and the tubes or pipes that hold the fluid used
to produce energy (see Figure 111-25). The
regulatory definition of boiler requires that these two
parts be in close proximity to one another to ensure
the effectiveness of the unit's energy recovery
system and to maintain a high thermal energy
recovery efficiency. In addition, the unit must
export or use the majority of the recovered energy
for a beneficial purpose.
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Section III: Managing Hazardous Waste - RCRA Subtitle C
Figure 111-25: Cross-Section of a Boiler
Water To Be
Heated X
Steam
Output
Combustion device used in the recovery of
sulfur values from spent sulfuric acid.
Industrial furnaces are enclosed units that are
integral parts of a manufacturing process and use
thermal treatment to recover materials or energy
from hazardous waste (see Figure 111-26). These
units may use hazardous waste as a fuel to heat raw
materials to make a commodity (e.g., a cement kiln
making cement) or the unit may recover materials
from the actual hazardous waste (e.g., a lead smelter
recovering lead values). The following 12 devices
meet the definition of an industrial furnace:
• Cement kiln
• Aggregate kiln
• Coke oven
• Smelting, melting, and refining furnace
• Methane reforming furnace
• Pulping liquor recovery furnace
• Lime kiln
• Phosphate kiln
• Blast furnace
• Titanium dioxide chloride process oxidation
reactor
• Halogen acid furnace
Clinker
Cooler
I
Figure 111-26: Cross-Section of
an Industrial Furnace
Preheater
Kiln
I
After notice and comment, EPA may add other
devices to this list of industrial furnaces upon
consideration of factors related to the design and use
of the unit.
Not all units that meet the definition of boiler or
industrial furnace are subject to the 40 CFR Part
266, Subpart H, Boiler and Industrial Furnace (BIF)
standards. Each individual unit must first be
evaluated against a number of exemptions from the
BIF requirements. For a variety of reasons (e.g., to
avoid duplicative regulation), EPA exempted the
following units from the BIF regulations:
• Units burning used oil for energy recovery
• Units burning gas recovered from hazardous or
solid waste landfills for energy recovery
• Units burning hazardous wastes that are exempt
from RCRA regulation, such as household
hazardous wastes
• Units burning hazardous waste produced by
CESQGs
• Coke ovens burning only K087 decanter tank tar
sludge from coking operations
• Certain units engaged in precious metals
recovery
• Certain smelting, melting, and refining furnaces
processing hazardous waste solely for metals
recovery
• Certain other industrial metal recovery furnaces.
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Chapter 7: Hazardous Waste Combustion
REGULATORY REQUIREMENTS
Emissions from hazardous waste combustors are
regulated under two statutory authorities—RCRA
and the Clean Air Act (CAA). Applicable RCRA
regulations include 40 CFR Part 264, Subpart O, and
Part 265, Subpart O, for incinerators and 40 CFR
Part 266, Subpart H, for BIFs. RCRA permitting
requirements for these units are provided in 40 CFR
Part 270. These units are also subject to the general
TSDF facility standards under RCRA. Hazardous
waste incinerators and hazardous waste burning
cement kilns and lightweight aggregrate kilns
(LWAKs) are also subject to the CAA MACT
emission standards. The MACT standards set
emission limitations for dioxins, furans, metals,
particulate matter, total chlorine, hydrocarbons/
carbon monoxide, and destruction and removal
efficiency (DRE) for organics. Once a facility has
demonstrated complance with the MACT standards
by conducting its comprehensive performance test
and submitting its Notification of Compliance
(NOC), it is no longer subject to the RCRA emission
requirements with few exceptions. RCRA permitted
facilities, however, must continue to comply with
their permitted emissions requirements until they
obtain modifications to remove any duplicative
emissions conditions from their RCRA permits. The
combustion standards under RCRA, as well as the
MACT standards under the CAA, are discussed
below.
• Combustion Standards under RCRA
Emissions from combustion units may be
comprised of a variety of hazardous pollutants. To
minimize potential harmful effects of these
pollutants, EPA developed performance standards to
regulate four pollutant categories: organics,
hydrogen chloride and chlorine gas, particulate
matter, and metals. Boilers and most industrial
furnaces have performance standards that they must
meet. For each category or type of emission, the
regulations establish compliance methods and
alternatives.
Organics
Because the primary purpose of a combustion
unit is to destroy the organic components found in
hazardous waste, it is essential to verify that the unit
is efficiently destroying organics in the waste. This
is determined based on the unit's organic
destruction and removal efficiency (DRE) as
demonstrated in a trial bum. Since it would be
nearly impossible to determine the DRE results for
every organic constituent in the waste, certain
principal organic hazardous constituents
(POHCs) are selected for this demonstration. These
POHCs are selected for each facility based on their
high concentration in the wastestream and their
greater difficulty to burn. If the unit achieves the
required DRE for the POHCs, then it is presumed
that it will achieve the same (or better) DRE for all
other easier-to-burn organics in the wastestream. At
least one POHC will be selected from each
wastestream that the facility manages. The facility
designates the selected POHCs in their permit
application (the permitting process for combustion
units is fully discussed in Section III, Chapter 8).
The combustion unit must demonstrate a DRE of
99.99 percent for each POHC in the hazardous
wastestream. This means that for every 10,000
molecules of the POHC entering the unit, only one
molecule can be released to the atmosphere. In
addition, due to an increased threat to human health
and the environment posed by certain dioxin-
containing wastes (F020, F021, F022, F023, F026,
and F027), the required DRE for POHCs in these
units has been established at 99.9999 percent, or one
released molecule for every one million burned (see
Figure 111-27). These DRE standards must be met
by both incinerators and BIFs.
Hydrogen Chloride and Chlorine Gas
Hydrogen chloride and chlorine gases form
when chlorinated organic compounds in hazardous
wastes are burned. If uncontrolled, this chlorine can
become a human health risk and is a large
component in the formation of acid rain. EPA has
developed different requirements to control the
emissions of chlorine from the different classes of
combustion units.
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Section III: Managing Hazardous Waste - RCRA Subtitle C
Figure 111-27: Performance Standards for Organics
Measurement of
99.99 percent
organic ORE
10,000
molecules of
POHCs
POHCs are chosen based on their high concentration in the
wastestream and their greater difficulty to burn. If the unit
demonstrates the required ORE for the POHCs, then it is
presumed that it will be able to achieve the same (or better)
ORE for all other easier-to-bum organicsin the wastestream.
For every 10,000 molecules of POHCs that enter a combustion
process, the unit must destroy 9,999 of them.
called tiers. Each tier differs in the amount of
monitoring, and in some cases, air dispersion
modeling (i.e., modeling the air pathways through
which pollutants may travel), that the owner and
operator is required to conduct (see Figure 111-28).,
Each facility can select any of the three tiers.
Factors that a facility may consider in selecting a tier
include the physical characteristics of the facility
and surrounding terrain, the anticipated waste
compositions and feed rates, and the level of
resources available for conducting the analysis. The
main distinction between the tiers is the point of
compliance. This is the point at which the owner
and operator must ensure that chlorine
concentrations will be below EPA's acceptable
exposure levels. The owner and operator must
determine if the cost of conducting monitoring and
modeling is worth the benefit of possibly
combusting waste with a higher concentration of
chlorine (see Figure 111-29).
Boilers and most industrial furnaces must follow
a tiered system for the regulation of both hydrogen
chloride and chlorine gas. The owner and operator
determines the allowable feed or emission rate of
total chlorine by selecting one of three approaches,
Figure 111-28: Performance Standards for
Hydrogen Chloride, Chlorine Gas, and Metals
Tier II monitoring involves
limiting stack emissions of
hydrogen chloride,
chlorine gas, and metals.
Tier III monitoring
involves limiting the
risks that hydrogen
chloride, chlorine gas,
and metals will pose to
the surrounding
environment.
Tier I monitoring
involves limiting
the hourly waste
feed rate of
hydrogen chloride,
chlorine gas, and
metals.
Figure 111-29: The Tiered System
of Modeling and Monitoring
Tier II requires increased
monitoring to ensure that
pollutants have been
eliminated through either
partitioning to bottom ash or
products, or collected by the
air pollution control device.
Tier III requires the most
monitoring by using air
dispersion modeling to ensure
that pollutant exposure does
not pose a threat to human
health and the environment.
Level of Monitoring and Modeling
High
Tier I, which requires the lowest level of monitoring I
through adjusting waste feed rates, assumes that 100 [
percent of the pollutants will escape into the environment. I
Owners and operators can choose any Tier for their hydrogen
chloride, chlorine gas, and metals monitoring; however, the
level of monitoring and modeling increase with each tier.
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Chapter 7: Hazardous Waste Combustion
Particulate Matter
The third combustion unit performance standard
is for particulate matter. Particulate matter
consists of small dust-like particles emitted from
combustion units. The particles themselves are not
normally toxic, but may become caught in the lungs
(causing respiratory damage) if inhaled, or may enter
into the environment where they can cause either
ecological damage or, via food chain intake, can
reenter the human health exposure pathway. In
addition, particulate matter may provide a point of
attachment for toxic metals and organic compounds.
To minimize these adverse conditions, RCRA
combustion units may not emit more than 180
milligrams per dry standard cubic meter (dscm) of
particulate matter.
Metals
The final performance standard is for toxic
metals. For RCRA combustion units, both
carcinogenic and noncarcinogenic metals are
regulated under the same type of tiered system as
chlorine. The facility determines an appropriate tier
for each regulated metal and assures that the facility
meets these feed rate and emission standards. A
different tier may be selected for each metal
pollutant (see Figure 111-28).
Additional Performance Standards
EPA may require owners and operators of
hazardous waste combustion units to comply with
additional performance standards by virtue of the
omnibus authority. This authority allows EPA to
incorporate additional terms and conditions into a
facility's permit as necessary to protect human
health and the environment. (The omnibus authority
is fully discussed in Section III, Chapter 8.)
EPA recommends that site-specific risk
assessments, incorporating direct and indirect
exposures, be considered during the combustion
unit's permitting process. These risk assessments
may be used to evaluate the unit's impact on the
surrounding environment. If a site-specific risk
assessment shows that additional protection should
be afforded to the surrounding environment, EPA
typically will use the omnibus authority to impose
the necessary permit conditions (Omnibus
permitting authority is fully discussed in Section III,
Chapter 8).
Operating Requirements
The goal of setting operating requirements for
hazardous waste combustion units is to ensure that
the unit will operate in a way that meets the
performance standards for organics, chlorine,
particulate matter, and metal pollutants. The unit's
permit will specify the operating conditions that
have been shown to meet the performance standards
for organics, chlorine gas, particulate matter, and
metals (permit requirements for combustion units are
fully discussed in Section III, Chapter 8).
A RCRA permit for a hazardous waste
combustion unit sets operating requirements that
specify allowable ranges for, and requires
continuous monitoring of, certain critical parameters
that will ensure compliance with the performance
standards. Operation within these parameters
ensures that combustion is performed in the most
protective manner and the performance standards are
achieved (see Figure 111-30). These parameters, or
operating requirements, may include:
• Maximum waste feed rates
• Control of the firing system
• Allowable ranges for temperature
• Limits on variations of system design and
operating procedures
• Gas flow rate.
• MACT Standards under the CAA
Hazardous waste burning incinerators, cement
kilns, and LWAKS, hereafter referred to as MACT
combustion units, must also comply with emission
limitations. The MACT emission standards are
found under the CAA regulations, rather than the
Subtitle C requirements. Instead of using operating
requirements as a way of ensuring that the unit
meets the performance standards, owners or
operators of combustion units subject to MACT
standards may use a pollution control technology to
achieve the stringent numerical emission limits.
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Section III: Managing Hazardous Waste -RCRA Subtitle C
Figure 111-30: Operating Requirements
TEMPERATURE
CARBON
MONOXIDE
EMISSIONS
GAS
VELOCITY
WASTE FEED RATE
Combustion facilities must operate in accordance with certain conditions that specify allowable
ranges and limits for waste feed rates, temperature, gas velocity, and carbon monoxide emissions.
Organics
To control the emission of organics, these units
must comply with similar DRE requirements to the
other hazardous waste combustion units. Owners or
operators of MACT combustion units must select
POHCs and demonstrate a DRE of 99.99 percent for
each POHC in the hazardous wastestream. Sources
that bum hazardous waste F020-F023 or F026-F027
have a required DRE of 99.9999 percent for each
POHC designated. Additionally, for dioxins and
furans, EPA promulgated more stringent standards
under MACT. For example, MACT incinerators and
cement kilns that bum waste with dioxins and
furans, must not exceed an emission limitation of
either 0.2 nanograms of toxiciry equivalence per dry
standard cubic meter (TEQ/dscm) or 0.4 nanograms
TEQ/dscm at the inlet to the dry particulate matter
control device. This unit of measure is based on a
method for assessing risks associated with exposures
to dioxins and furans.
Hydrogen Chloride and Chlorine Gas
Rather than a tiered system to control hydrogen
chloride and chlorine gas emissions, MACT
combustion units must meet numerical emission
limits for total chlorine. Owners and operators of
these units must ensure that the total chlorine
emission does not exceed specific limits, expressed
in ppmv (parts per million by volume). For
example, the allowable limit of total chlorine for a
new incinerator is 21 ppmv. The owner or operator
may choose to achieve this level by controlling the
amount of chlorine entering the incinerator. By
achieving the regulatory emission limit of chlorine,
both hydrogen chloride and chlorine gas emissions
will be reduced.
Particulate Matter
EPA developed more stringent standards for
particulate matter in order to control certain metals.
This surrogate is used because particulate matter
may provide a point of attachment for toxic metals
that can escape into the atmosphere from a
combustion unit. For instance, a new LWAK cannot
exceed an emission limit of 57 mg/dscm of
particulate matter.
Metals
Hazardous waste burning incinerators, cement
kilns, and LWAKs do not follow a tiered approach to
regulate the release of toxic metals into the
atmosphere. The MACT rule finalized numerical
emission standards for three categories of metals:
111-106
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Chapter 7: Hazardous Waste Combustion
mercury, low-volatile metals '(arsenic, beryllium, and
chromium), and semi-volatile metals (lead and
cadmium). Units must meet emission standards for
the amount of metals emitted. For example, a new
cement kiln must meet an emission limit of 120 |0,g/
dscm for mercury, 54 pig/dscm for the low-volatile
metals, and 180 [ig/dscm for the semi-volatile
metals.
Operating Requirements
Owners or operators of MACT units must ensure
that the MACT emission standards are not exceeded.
To do this, the unit must operate under parameters
that are demonstrated in a comprehensive
performance test (CPT). The unit's operating
parameters, such as temperature, pressure, and waste
feed are then set based on the result of the
comprehensive performance test and documented in
a notification of compliance. Continuous
monitoring systems are used to monitor the
operating parameters.
The facility may also choose to use an advanced
type of monitoring known as continuous emissions
monitoring systems (CEMS). CEMS directly
measure the pollutants that are exiting the
combustion unit stack at all times. If a facility
chooses to use a CEMS, they do not need to comply
with the operating parameter that would otherwise
apply.
ADDITIONAL REQUIREMENTS
Because hazardous waste combustion units are a
type of TSDF, they are subject to the general TSDF
standards (as discussed in Section III, Chapter 5) in
addition to combustion unit performance standards
and operating requirements. Combustion units are
also subject to specific waste analysis, inspection
and monitoring, and residue management
requirements.
While combusting hazardous waste, the
combustion process and equipment must be
monitored and inspected to avoid potential accidents
or incomplete combustion. The monitoring and
inspection requirements for incinerators are detailed
in the regulations, while the requirements for BIFs
are determined on a site-specific basis. Possible
inspection and monitoring requirements include:
Monitoring the combustion temperature, and
hazardous waste feed rate
• Sampling and analyzing the waste and exhaust
emissions to verify that the operating
requirements established in the permit achieve
the performance standards
Conducting visual inspections of the combustion
unit and its associated equipment
• Testing the emergency waste feed cut-off system
and associated alarms
Placing monitoring and inspection data in the
operating log.
Residues from the combustion of hazardous
waste are also potentially subject to RCRA
regulation. If a combustion unit burns a listed
hazardous waste, the ash could also be considered a
listed waste via the derived-from rule. The owner
and operator must also determine whether this ash
exhibits any hazardous waste characteristics. The
same is true if a unit burns waste that only exhibits a
characteristic. Ash that exhibits a characteristic must
be managed as a hazardous waste.
SUMMARY
Combustion, the controlled burning of
hazardous substances in an enclosed area, has the
potential to adversely affect human health and the
environment, and it is therefore subject to strict
regulation. As a result, the burning of hazardous
waste in incinerators and BIFs is regulated through
stack emission limitations and unit operating
requirements.
Combustion standards are comprised of two
types of regulations: (1) standards under RCRA; and
(2) MACT standards under the CAA.
RCRA combustion units must meet performance
standards, including a demonstration of the unit's
DRE for certain POHCs, and meet emission
standards for hydrogen chloride, chlorine gas,
metals, and particulate matter. Operating
11-107
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Section III: Managing Hazardous Waste - RCRA Subtitle C
requirements are intended to ensure that the
combustion unit will operate in a way that meets the
performance standards for these pollutants.
Operating conditions may include:
• Maximum waste feed rate
• Control of the firing system
• Allowable ranges for temperature
• Limits on variations of system design and
operating procedures
• Gas flow rate.
The MACT standards under the CAA regulate
incinerators and two types of industrial furnaces that
burn hazardous waste: cement kilns and LWAKS.
MACT combustion units must comply with strict
emission limitations for dioxins, furans, metals,
particulate matter, DRE, and total chlorine. To
achieve the limits, the facility owner or operator may
use a single or multiple pollution control
technologies for the combustion unit. The facility
also uses a CMS to monitor operating parameters
such as temperature, pressure, waste feed, or CEMS
to monitor the pollutants exiting the unit.
In addition to operating and performance
requirements, all combustion units are subject to
specific waste analysis, inspection and monitoring,
and residue management requirements.
ADDITIONAL RESOURCES
A complete overview of the MACT standards
and additional information about hazardous waste
combustion can be found at www.epa.gov/epaoswer/
hazwaste/combusthtm.
111-108
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CHAPTER 8
PERMITTING OF TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
OVERVIEW
'r- In this chapter...
, ,- ; „, When RCRA was enacted, Congress recognized
.*- Overview 111-109 the risks posed by the treatment, storage, and
„ Applicability 111-110 disposal of large volumes of hazardous waste at
t Permitting Process 111-111 TSDFs. Considering these risks, Congress felt that
»•- Informal Meeting Prior to Application 111-111 TSDF management activities needed to be closely'
V_ Permit Submission ,.._.. ; 111-112 , regulated to prevent spi]ls> accidents, and
.-- Permit Review 111-112 mechanical failures. In addition, because these
,- Preparation of the Draft Permit ,. 111-112 activities involve different units and different waste
-' la^9 PU^° fmment ' -IIM13 management methods, they require tailored
- Finalizing the Permit ,...» llf-113 . , , ~ , , , j. ,
' - Duration of the Permit |),-113 Standards" ^ example, land disposal units need
! - Permit Modifications : \ ll|-113 Precautions, such as liners and ground water
<"- Omnibus Provision IIJ-114 monitoring, to ensure protection of ground water
I', - Permit-as-a-Shield , ,'.. ~ 111-115 resources- Similarly, incinerators need special
^Interim Status". * " r ", flJ-115 provisions, such as emission control requirements,
$- Qualifying for h^'sfertuif II3II2 111-115 '* to ensure Protection of air resources. In response to
1 - Changes During Interim Status , 111-116 these concerns> EPA promulgated extensive
T - Termination of Interim Status '. 111-116 technical standards for the design and safe operation
^Special Forms of Hazardous Waste Permits,.... llf-116 of hazardous waste TSDFs (these regulations are
***.' permits-by-Rule ..... lii-117 fully discussed in Section III, Chapter 5). However,
!HX Emergency Permits ~~.~. :,~llpil7 these design and operating standards were not
'~ - Research, Development, and Demonstration ] " " enough. Congress wanted .a more tangible
Fl Permits ' 111-117 guarantee that TSDFs would comply with their
'-f^" Land Treatment Demons|ration Permits , 111-117 extensive management standards in a way that
f - Combustion Permits 7 111-117 would adequately protect human health and the
,---Post-Closure Permits , .....f 111-118 * environment.
, - Remedial Action Plans 111-119
r---Standardized Perrnits IJL-,11? " TSDFs are unique in that their owners and
^Summary 111-119 operators choose to enter the hazardous waste
"'Additional Resources .'. '."..,IIM20 '* industry. Unlike generators who produce hazardous
111-109
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Section III: Managing Hazardous Waste - RCRA Subtitle C
WHAT ARE PERMITS?
"" Permits provide TSDF owners and operators with the
I legal authority to treat, store, or dispose of hazardous
I waste and detail how the facility must comply with the
I regulations. Compliance with this permit ensures that
1hazardous waste is handled in a controlled manrjer
; that is protective of human health and the
,. environment. Permits also serve as an implementation
; mechanism, and as a means by which EPA can track
i waste management at facilities that choose to handle
! hazardous waste.
waste incidental to their normal business operations,
TSDF owners and operators make it their business to
manage hazardous waste. Because these facilities
choose to enter the hazardous waste industry, and
engage in waste management processes that pose
varied and extensive risks to human health and the
environment, Congress wanted to ensure that these
facilities would comply with the TSDF standards.
As a result, TSDFs are required to obtain
permission, in the form of an operating permit,
which establishes the administrative and technical
conditions under which waste at the facility must be
managed. Specifically, permits provide TSDF
owners and operators with the legal authority to
treat, store, or dispose of hazardous waste and detail
how the facility must comply with the regulations.
Compliance with this permit ensures that hazardous
waste is handled in a controlled manner that is
protective of human health and the environment.
Permits also serve as an implementation mechanism,
and as a means by which EPA can track waste
management at facilities that choose to handle
hazardous waste.
Permits can be issued by EPA, authorized states,
or both. The permitting agency has the authority to
issue or deny permits and is responsible for verifying
that facilities are operating in compliance with the
conditions set forth in that permit. Owners and
operators of facilities that do not comply with permit
provisions are subject to possible RCRA
enforcement actions, including financial penalties.
APPLICABILITY
All TSDF owners and operators must submit a
comprehensive permit application that covers the
full range of TSDF standards, including general
facility provisions, unit-specific requirements,
closure and financial assurance standards, and any
applicable ground water monitoring and air
emissions provisions. The permit application must
demonstrate that the permittee's methods of handling
the waste are consistent with the level of protection
of human health and the environment required by
RCRA.
Some facilities are not required to obtain a
RCRA permit when handling hazardous waste
provided that they meet certain conditions specified
in the regulations. EPA has determined that the
requirements of the permit process would place an
unnecessary regulatory burden on these facilities
because the manner in which they manage the waste
does not pose a significant threat to human health
and the environment. These exceptions include:
• LQGs accumulating waste on site for less than
90 days (as discussed in Section III, Chapter 3)
• SQGs accumulating waste on site for less than
180 days (as discussed in Section III, Chapter 3)
• Fanners disposing of waste pesticides and
container residues on their own land
• Owners and operators of ENUs, TETUs, and
WWTUs (as discussed in Section III, Chapter 5)
• Transporters storing manifested wastes at
transfer facilities for a period of 10 days or less
(as discussed in Section III, Chapter 4)
• Owners and operators performing containment
activities during an immediate response to an
emergency
Universal waste handlers and transporters (as
discussed in Section III, Chapter 2)
• Persons adding absorbent material to hazardous
waste in a container and persons adding waste to
absorbent material in a container.
11-110
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Chapter 8: Permitting of Treatment, Storage, and Disposat Facilities
If any of these facilities treat, store, or dispose of
hazardous waste in a manner not covered by one of
these exclusions, they are subject to the RCRA
permit requirements for that activity. For example,
if a LQG exceeds the 90-day accumulation time
limit, the facility becomes a storage facility and the
owner and operator must obtain RCRA operating
permit.
Recycling units are also exempt from permitting
requirements because the recycling process itself is
exempt from RCRA (except for some air emission
standards). However, recycling facility owners and
operators must follow all applicable Subtitle C
requirements (including the requirement to obtain a
permit) for any waste management prior to
recycling.
PERMITTING PROCESS
Owners and operators who are subject to the
permitting requirements must submit a permit
application in accordance with specific permit
application procedures (see Figure III-31). While
the operator has the duty to obtain the permit, both
the owner and operator must sign it. Once a permit
has been approved for a specified duration, changes
may be necessary and permit modification
procedures, which are analogous to the initial permit
application, must be followed. The procedures have
been established to account for facility-specific
conditions by providing flexibility and ample
opportunity for public involvement.
• Informal Meeting Prior to Application
Prior to submitting a permit application, an
applicant must announce and hold an informal
meeting with the public. The purpose of this
meeting is for the applicant to explain the operating
plans for the facility to the public, including the
waste the facility will handle and associated waste
management processes, and for the public to pose
questions and make suggestions. This informal
public meeting is also intended to provide the owner
and operator with issues and concerns to consider
when drafting the permit. The permitting agency
also uses this meeting to compile a mailing list for
future public outreach.
Figure 111-31: The Permitting Process
Applicant holds informal
meeting with the public
prior to permit application
Applicant submits
Part A and Part B
permit applications
Permitting agency announces receipt of permit
application, makes application available for public
review and comment, and reviews application to
verify completeness
If application is incomplete,
permitting agency issues as
many notices of deficiency as
necessary until application is
complete
If application is complete,
permitting agency notifies
permittee of application's
completeness
Permitting agency evaluates
whether permit satisfies technical
requirements and makes
preliminary decision to issue or
deny the permit
If decision to deny permit,
permitting agency issues
notice of intent to deny
If decision to issue permit,
permitting agency prepares J
draft permit
Permitting agency announces
decision and issues fact sheet
explaining decision
Public has 45 days to
comment on the decision
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Section III: Managing Hazardous Waste - RCRA Subtitle C
• Permit Submission
After the public meeting, the applicant can
submit the permit application to the permitting
agency. The permit application is divided into two
parts, Part A and Part B. The Part A application is
submitted on a designated form, EPA Form 8700-23,
and requires basic information about the facility,
such as the name of the facility owner and operator,
the facility location, the hazardous waste
management processes, the design capacity of these
processes, and the hazardous waste that will actually
be handled at the facility. This form can be
downloaded from the Internet at www.epa./
epaoswer/hazwaste/data/form8700/forms.htm.
The Part B application is submitted in narrative
form and provides site-specific information
associated with the waste management activities that
will be conducted at the facility, and includes
geologic, hydrologic, and engineering data (see
Figure 111-32). The Part B application covers the
details associated with the waste management
activities that will occur at the facility, and therefore
often consists of volumes of documents.
Owners and operators of new facilities must
submit Parts A and B simultaneously. This
Figure 111-32: Examples of Part A and Part B
Information Requirements
PART A
• Activities conducted that require a permit
• Facility Name, mailing address, and location
• Facility standard industrial classification (SIC) codes
• Treatment, storage, and disposal processes
• Design capacity of waste management units
• Lists of wastes to be managed at facility
• Permits received or applied for under other regulatory
programs
• Topographic map.
PARTS
• General facility description
• Analyses of wastes to be managed
• Facility security procedures
• Inspection schedule
• Contingency plan
• Procedures and precautions to prevent release of waste
into environment
• Procedures and precautions to prevent accidental ignition
or reaction of waste
• Facility location information.
submission must occur at least 180 days prior to the
date on which physical construction is expected to
begin. An owner and operator cannot begin
construction of the facility until the application is
reviewed and a final permit is issued.
• Permit Review
The permitting agency announces its receipt of
the permit application and makes the application
available for public review and comment.
Simultaneously, the agency reviews the application
to verify its completeness. If the permitting agency
determines that the application is incomplete, it
issues a notice of deficiency to the permittee
describing the additional information that is
necessary for a complete application. Such notices
can be issued numerous times during the permit
review and revision process. Each time the agency
receives information, it reviews the content, and if
necessary, issues another notice until the application
is complete.
When the application contains all of the
necessary information, the permitting agency
notifies the permittee of the application's
completeness and will begin an evaluation to
determine whether it satisfies the appropriate
technical requirements. After the evaluation, the
permitting agency makes a preliminary decision on
whether to issue or deny the permit. If the
permitting agency determines that the application is
complete and satisfies all applicable requirements,
the agency prepares a draft permit. If the permitting
agency determines that the application does not
demonstrate compliance with the RCRA standards, it
will tentatively deny the permit and issue a notice of
intent to deny.
• Preparation of the Draft Permit
In preparing the draft permit, the implementing
agency incorporates all applicable technical
requirements and all other conditions associated, with
the operations to be conducted at the facility into the
permit. In addition, general and administrative
conditions are placed in all draft permits and require
the permittee, among other things, to:
11-112
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Chapter 8; Permitting of Treatment, Storage, and Disposal Factfflies
• Comply with all provisions of the permit
• Provide any relevant information that is ^
requested by the permitting agency
• Comply with all reporting requirements
• Allow the facility to be inspected
Take all reasonable steps to protect human
health and the environment.
In addition, the draft permit includes a statement
of the permitting agency's right to modify, revoke
and reissue, or terminate the permit as necessary.
The draft permit also includes the term of the permit.
If a facility needs to conduct corrective action,
but cannot complete the cleanup before the permit is
issued, the permitting agency may include a
schedule of compliance in the permit. This schedule
establishes interim and final dates for the completion
of specific cleanup goals, as well as reporting
requirements.
• Taking Public Comment
Once the draft permit is complete, or the notice
of intent to deny has been issued, the permitting
agency announces its decision by sending a letter to
everyone on the facility mailing list, placing a notice
in a local paper, and broadcasting the decision over
the radio. The permitting agency also issues a fact
sheet to explain the decision. After the
announcement, the public has 45 days or more to
comment on the decision. Citizens may request a
public hearing to address concerns by contacting the
permitting agency. The permitting agency may also
hold a hearing at its own discretion, if deemed
necessary. There is at least a 30-day public notice
period before the hearing is convened.
If information submitted during the initial
comment period appears to raise substantial new
questions concerning the permit, the permitting
agency may reopen or extend the comment period.
In this situation, the permitting agency may also
decide to revise the draft permit or issue a notice of
intent to deny.
• Finalizing the Permit
After the comment period closes, the
implementing agency prepares a response to all
significant public comments and makes the final
permit decision by either issuing or denying the
permit. The owner and operator may appeal the
decision to EPA's Environmental Appeals Board.
When this administrative appeal is exhausted, the
petitioner may seek judicial review of the final
permit decision.
• Duration of the Permit
RCRA permits are effective for a fixed term of a
maximum of 10 years. However, EPA can issue a
permit for less than the allowable term. Limiting
permit duration assures that facilities are periodically
reviewed and that their requirements are updated to
reflect the current state-of-the-art hazardous waste
management practices. Considering the increased
risks posed by the management of hazardous waste
on the land, land disposal unit permits are to be
reviewed five years after the date of issuance or
reissuance and modified as necessary. An expiring
permit can be continued when the permittee has
submitted a timely application for a new permit by
the expiration date of the existing permit. Permits
that continue remain fully effective and enforceable.
• Permit Modifications
EPA views permits as living documents that can
be modified to allow facilities to implement
technological improvements, comply with new
environmental standards, respond to changing waste
streams, and generally improve waste management
practices. The permitting agency cannot anticipate
all of the administrative, technical, or operational
changes required over the permit term for the facility
to maintain a state-of-the-art operation, and
therefore, permit modifications are inevitable. The
regulations governing permit modifications were
developed to provide owners and operators and EPA
with flexibility to change permit conditions, expand
public notification and participation opportunities,
and allow for expedited approval if no public
concerns exist regarding a proposed change. Permit
1-113
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Section III: Managing Hazardous Waste - RCRA Subtitle C
Figure 111-33: Examples of Permit Modification Classifications
Class 1
Adminstrative and informational
changes
Correction of typographical
errors
Changes in names, addresses,
and phone numbers of
emergency coordinators
Changes to waste sampling
and analysis methods to
comply with new regulations
Changes to analytical
quality assurance and quality
control plan to comply with new
regulations
Class 2
Changes in frequency
or content of inspection
schedules
Changes to corrective action
program
Extensions of post-closure
care period
Changes to facility training plan
that affect the type or amount
of employee training
Changes in number, location,
depth, or design of groundwater
monitoring wells
Class 3
Addition of corrective action
program
Creation of a new landfill as
part of closure
Addition of compliance
monitoring to ground water
monitoring program
Reduction in post-closure
care period
Addition of temporary
incinerator
for closure activities
Note: Permit modifications are classified in more detail in 40 CFR §270.42, Appendix I
>
modifications can be requested by either the
permittee or the permitting agency.
The regulations for permittee-requested
modifications establish three classes of
modifications. Class 1 modifications cover routine
changes, such as correcting typographical errors or
replacing equipment with functionally equivalent
equipment. Class 2 modifications address common
or frequently occurring changes needed to maintain
a facility's level of safety or a facility's requirement
to conform to new regulations. Class 3
modifications cover major changes that substantially
alter the facility or its operations (see Figure 111-33).
Procedures differ among the three classes of
permittee-requested modifications based on the
degree of change. Class 1 modifications have minor
administrative requirements and may or may not
need prior Agency approval. Class 2 and 3
modifications have more substantial administrative
requirements and require prior Agency approval
followed by a process similar to the permitting
process.
The permitting agency may request a permit
modification if there are substantial alterations or
additions to the facility, if new information is
received by the permitting agency that was not
available at the time of permit issuance, or if new
regulations or judicial decisions affect the conditions
of the permit. The permitting agency will request
that the facility initiate the modification procedures
for the type of change being requested. The
permitting agency may terminate a permit if the
facility fails to comply with any condition of the
permit or does not disclose or misrepresents any
relevant facts, or if the permitted activity endangers
human health and the environment.
• Omnibus Provision
Some hazardous waste management practices
may pose threats to human health and the
environment that are not specifically addressed by
the RCRA regulations. To address such instances,
HSWA increased the authority of EPA when writing
permits by creating the omnibus provision. This
authority allows EPA to add conditions that are not
specifically described in Part 264 to an operating
permit, where the permit writer demonstrates that the
additional standards are necessary to protect human
health and the environment. For example, EPA
could invoke the omnibus authority to require a
11-114
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Chapter 8: Permitting of Treatment, Storage, and D/sposaf Facffitfes
TSDF owner and operator to conduct a site-specific
risk assessment of the impact on endangered species
before issuing an operating permit to the facility,
even though such risk assessments are not
specifically mandated by the RCRA regulations.
• Permit-as-a-Shield
In general, compliance with a RCRA permit is
considered compliance with the RCRA regulations
for enforcement purposes. This gives permittees the
security of knowing that if they comply with their
permits, they will not be enforced against for
violating new requirements that were not established
in tl|e original permit. This is referred to as the
permit-as-a-shield provision. EPA believes that the
most useful purpose of a permit is to specifically
prescribe the requirements that a facility has to meet
to allow that facility to plan and operate with
knowledge of what rules apply.
While permit-as-a-shield protects a facility from
having to comply with new regulatory requirements
thai; were not included in the original operating
permit, some regulatory requirements are of such
importance to the protection of human health and the
environment that EPA feels that TSDFs should have
to comply with them immediately. As a result, the
permit-as-a-shield provision does not apply to some
types of new regulatory provisions. Examples are
the LDR standards, the liner and leak detection
requirements for certain land disposal units, and the
organic air emissions provisions.
INTERIM STATUS
Many TSDFs were already existing and
operating when they became subject to RCRA
regulatory requirements as a result of a statutory or
regulatory change. These owners and operators
were immediately subject to the RCRA
requirements, including the requirement to obtain an
operating permit. Many of these facilities were not
able to immediately meet the required TSDF design
and operating standards in order to obtain an
operating permit. Congress recognized that it would
be virtually impossible for the Agency and
authorized states to issue permits to all existing
TSDFs before the RCRA Subtitle C program became
effective in November 1980. As a result, Congress
established provisions to give these facilities
"interim status." Interim status allows a facility to
operate without a permit as long as it complies with
certain general facility and unit-specific TSDF
standards until the implementing agency can make a
final permit determination (interim status TSDF
standards are fully discussed in Section III, Chapter
5). These interim status requirements are self-
implementing until the facility submits its Part B
permit application and receives its final permit.
• Qualifying for Interim Status
In order to qualify for interim status, the facility
must have:
• Existed (operating or in construction) on the
effective date of the rule that brought the facility
into the RCRA program
Submitted a Part A permit application
• Notified EPA of hazardous waste activity.
HOW DOES INTERIM STATUS OPERATE?
jjBeginningjn 1980, XYZ Corporation began treating
storing nonhazardous petroleum refinery sludges
Sfponjtelitlsjacilities. On November 2,1990, EPA
rornulgated F037 and F038 hazardous waste listings
sludgj^. As a result, the sludges became
totKe hazardous waste regulations and XYZ's
eeame subject to the RCRA TSDF standards.
r'tJlSier*'iaO oeas'n9 operations,tn? facility,
v^^o'operate under the interim status
rovisiohsluintll it received an operating permit. Under
Sjhese provisjpjTSLXYZ was required to submit a Part A
fjefmTt apptioatioW six months after the date of
blication of the regulatory change that subjected it to
JiJLQRA standards (i.e., by May 2,1991).
i?-'*' _JbI .jm_>
j^fgj^jft B permirapplication must be submitted
pvhenjequested bylhe permitting agency. The
Sifmjtting agency will give the facility at least six
nthf from the date of request to submit the Part B.
j£rnanaging these sludges in Jand disposal
fiSswner and operator must submit their Part B
?tthirlj2"months_of becoming subject to the
j-egtiTations (le., by May 2,1992) or they will lose
"rrtelrirn sjatus.
11-115
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Section III: Managing Hazardous Waste - RCRA Subtitle C
• Changes During Interim Status
Changes can be made to a facility operating
under interim status provided that the owner and
operator submits a revised Part A permit application
that includes justification for the proposed change
before any changes are made. The following
changes are permissible:
• Management of hazardous wastes not previously
identified in Part A of the permit application
• Increases in the design capacity of processes
used at the facility
• Changes to, or additions of, hazardous waste
processes
• Changes in the ownership or operational control
of the facility
• Changes made in accordance with an interim
status corrective action order under §3008(h)
(corrective action is fully discussed in Section
III, Chapter 9)
• Addition of newly regulated hazardous waste
units.
Changes to an interim status facility may not be
made if they amount to "reconstruction" of the
facility. Any change that requires a capital
expenditure exceeding 50 percent of the cost of
construction of a comparable new facility is
considered reconstruction. This reconstruction
prohibition prevents interim status facilities from
constructing entirely new facilities while operating
under self-implementing standards, in order to avoid
the scrutiny of the permitting process that would
otherwise apply to new facilities. The reconstruction
prohibition does not apply if the changes are
necessary to comply with the LDR regulations, the
hazardous waste tank regulations or a corrective
action order, among other things.
• Termination of Interim Status
Interim status is terminated either when the
permitting agency makes a final determination on
the Part B permit application (to either issue or deny
a permit), or when the facility fails to furnish a Part
B application on time.
An owner and operator of an interim status
facility may submit the Part B voluntarily or in
response to a request from the state or EPA.
However, an owner and operator of a facility already
in existence must submit the Part B in accordance
with HSWA-mandated deadlines for specific types
of units. If a permittee fails to submit the Part B
before the expiration of the specified statutory time
period, the facility loses interim status immediately.
These deadlines were imposed because Congress
wanted to ensure that hazardous waste management
units that posed increased threats to human health
and the environment would not operate in interim
status indefinitely.
SPECIAL FORMS OF HAZARDOUS
WASTE PERMITS
Some hazardous waste management operations
and practices require special permit provisions.
These provisions provide the permitting agency
flexibility in developing permit conditions and
procedures for permit administration. These special
forms of permits include:
• Permits-by-rule
• Emergency permits
• RD&D permits
• Land treatment demonstration permits
• Combustion permits
• Post-closure permits
• Remedial Action Plans.
Additionally, EPA proposed another special type
of permit called a "standardized permit." If
finalized, the "standardized permit" would
streamline the permitting process for hazardous
waste generators who subsequently store or non-
thermally treat hazardous waste in tanks, containers,
or containment buildings.
111-116
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Chapter 8: Permitting of Treatment, Storage, and Disposal Facilities
• Permits-by-Rule
EPA issues permits under different
environmental statutes. In some instances, the
RCRA regulations may overlap with the
requirements of
another statute.
In order to avoid
unnecessary
duplicative
regulation,
RCRA allows
these facilities'
non-RCRA
permit to serve in place of a RCRA permit, provided
that such facilities are in compliance with that permit
and other basic RCRA administrative requirements.
Permits-by-rule are available for:
• Ocean disposal vessels and barges regulated
under MPRSA
• UIC wells regulated under SDWA
• POTWs regulated under CWA.
• Emergency Permits
In emergency situations, EPA can forego the
normal permitting process for hazardous waste
management activities. Specifically, when EPA or
an authorized state finds there is an imminent and
substantial endangerment to human health and the
environment, it can issue a temporary emergency
permit to allow treatment, storage, or disposal of
hazardous waste by a nonpermitted facility or by a
permitted facility that has not been permitted to
engage in such activity. The duration of an
emergency permit cannot exceed 90 days.
• Research, Development, and
Demonstration Permits
Owners and operators who propose to use
innovative hazardous waste treatment technologies
can receive a RD&D permit, provided that permit
standards for such an activity have not already been
established by EPA. The RD&D permit
requirements specify that a facility can only receive
those wastes necessary to determine the efficiency of
the treatment technology. RD&D permits provide
for the construction and operation of the facility for
up to one year, but may be renewed up to three times
with each renewal not exceeding one year. In. order
to expedite the issuance of RD&D permits, EPA may
modify or waive the usual permit application and
issuance requirements, with the exception of
financial responsibility and public participation.
When issuing RD&D permits, EPA must maintain „
consistency with its mandate to protect human health
and the environment.
• Land Treatment Demonstration
Permits
Before a land treatment facility can obtain a
final permit, the owner and operator must
demonstrate that hazardous constituents in a waste
can be completely degraded, transformed, or
immobilized in the treatment zone. Land treatment
demonstration permits allow an owner and operator
to perform these required treatment demonstrations
in order to obtain a final TSDF operating permit.
Such demonstration permits are issued for treatment
or disposal, and may include field tests or laboratory
analysis conditions, unit design criteria, construction
standards, operation provisions, and maintenance
requirements (land treatment unit standards are fully
discussed in Section III, Chapter 5).
• Combustion Permits
Combustion permits specify the conditions
under which a combustion facility must operate. A
facility's permit specifies the operating conditions,
such as waste feed rate, unit temperature, gas
velocity, and carbon monoxide emissions, which
guarantee that a combustion unit will meet its
respective performance standards (i.e., pollutant-
specific air emissions limitations). The permit also
specifies combustion unit waste analysis, inspection
and monitoring, and residue management
requirements. (Standards for combustion units are
fully discussed in Section III, Chapter 7.)
Additionally, the permit sets conditions for all other
hazardous waste storage, treatment, and disposal
units at the facility.
11-117
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Section III: Managing Hazardous Waste - RCRA Subtitle C
Owners and operators must obtain a RCRA
operating permit before beginning construction of a
combustion unit. However, it is impossible to
prescribe which specific operating conditions will
limit air emissions without a constructed unit that the
owner and operator can
actually test to determine if
adequate protection of
human health and the
environment is being
achieved. As a result, the
permit process for
combustion units is
comprised of four phases
intended to test the unit's
operation prior to the
issuance of the final permit
to ensure that the unit can
operate in accordance with
its operating conditions (see
Figure 111-34). These
phases include:
Shake-down period,
during which the
combustion unit is
brought to the level of
normal operating
conditions in
preparation for the trial
burn
Figure 111-34:
Combustion Unit
Permitting
\ Final Permit^
Decision
Construction of I
Combustion Unit I
I
Shake-Down |
Period
I
Final Operating
Period
• Trial burn, during which bums are conducted
so that performance can be tested over a range of
conditions
• Post-trial bum, during which the data from the
trial burn is evaluated and the facility may
operate under conditions specified by the
permitting agency
• Final operating period, which continues
throughout the life of the permit.
The permitting agency specifies operating
conditions for all phases based on a technical
evaluation of the combustion unit's design, the
information contained in the permit application and
trial burn plan, and results of bums from other
combustion units. The operating conditions are
established such that the combustion unit will
theoretically meet performance standards at all
times. The results from the trial burn are used to
verify the adequacy of the proposed operating
conditions.
Interim Status Combustion Units
Owners and operators of interim status
combustion units must demonstrate that their units
meet all applicable performance standards by
submitting performance data developed during
actual burns. Performance data is used by the
permitting agency to determine whether the
combustion unit meets RCRA performance
standards when burning a particular waste under a
specific set of operating conditions.
While many hazardous waste combustion units
are subject to RCRA permitting, units subject to
MACT standards (cement kilns, lightweight
aggregate kilns, and incinerators) must also obtain a
CAA Title V permit. The CAA permitting process is
different than the RCRA process because CAA
permits are completed after a facility has
demonstrated compliance with the emission
standards, while a RCRA permit is issued prior to
compliance testing.
Prior to the compliance date, hazardous waste
combustion facilities that are subject to the MACT
standards must comply with the Title V permit
application requirements. Facilities that are
currently permitted under RCRA may need to
modify their RCRA permit in order to make design
and operational changes to come into compliance
with the MACT standards. These facilities must
continue to comply with the RCRA permit
conditions until these conditions either expire or are
removed; they are not automatically removed upon
promulgation of the MACT standards.
• Post-Closure Permits
Owners and operators of hazardous waste
disposal units, and owners and operators of
hazardous waste management units that cannot clean
111-118
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Chapter 8: Permitting of Treatment, Storage, and Disposal Facilities
close and must close as landfills, must conduct post-
closure care, including ground water monitoring and
maintenance of an impermeable cap (post-closure is
fully discussed in Section III, Chapter 5). The
standards for permitted facilities incorporate post-
closure care requirements into the facility's
operating permit to ensure that post-closure care is
performed in a protective manner. However,
because interim status facilities do not yet have
operating permit, the RCRA regulations require that
interim status facilities needing post-closure care
obtain a post-closure permit or an enforceable
document containing the same regulatory
requirements as a permit. This will ensure that
interim status facilities meet all applicable
requirements for permitted facilities, including the
ground water monitoring standards.
• Remedial Action Plans
Remedial action plans (RAPs) are a special form
of RCRA permit that a facility may obtain to treat,
store, or dispose of hazardous remediation waste at a
remediation waste" management site. Often,
remedies selected for cleanup sites involve treating,
storing or re-disposing of hazardous remediation
waste. Before the existence of RAPs, these activities
required the same type of permit as that for as-
generated process waste management. Traditional
RCRA permits, however, are not always well suited,
to cleanup activities. RAPs allow additional
flexibility in public participation, provide for
streamlined information requirements during permit
application, and eliminate the requirement to
perform facility-wide corrective action.
Additional information on RAPs is found at
www.epa.gov/epaoswer/hazwaste/id/hwirmdia.htm
• Standarized Permits
In October 2001, in order to increase the
efficiency and effectiveness of the permitting
process, EPA proposed the implementation of a
standardized permit for facilities that generate
hazardous waste and store or non-thermally treat the
waste in tanks, containers, and containment
buildings on site. If finalized, the standardized
permit should streamline the permit process by
allowing facilities to obtain and modify permits
more easily while maintaining the protectiveness
currently existing in the individual RCRA permit
process. For example, public participation would
still be required during the permitting process, but
unlike the existing individual permit, public notice
would not be required at the application submittal,
though an informal meeting prior to the application
would still be necessary. In addition, when seeking
a standardized permit, the permitting agency would
not need to verify completeness of the application.
Also, the permit modification procedures would be
less cumbersome for a standardized permit.
SUMMARY
The RCRA regulations require hazardous waste
TSDFs to obtain an operating permit that establishes
the administrative and technical conditions under
which hazardous waste at the facility must be
managed. Such permits cover the full range of
TSDF standards, including general facility
provisions, unit-specific requirements, closure and
financial assurance standards, and any applicable
ground water monitoring and air emissions
provisions.
In order to obtain a permit, a TSDF owner and
operator must comply with specific application
procedures. The permitting process consists of the
following stages:
• Informal meeting prior to application
• Permit submission
• Permit review
• Preparation of the draft permit
• Taking public comment
• Finalizing the permit.
After issuance, permits may need to be modified
to allow facilities to implement technological
improvements, comply with new environmental
standards, respond to changing waste streams, and
generally improve waste management practices.
These modifications can be initiated by either the
facility or the permitting agency.
1-119
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Section III: Managing Hazardous Waste - RCRA Subtitle C
Facilities that were existing and operating on the
effective date of a regulation that required them to
obtain an operating permit are considered interim
status facilities. They are allowed to continue
operating as long as they comply with certain
general facility and unit-specific TSDF standards
until the implementing agency makes a final permit
determination.
Some waste management operations and
practices require special permit provisions. These
special forms of permits include:
• Permits-by-rule
• Emergency permits
• RD&D permits
• Land treatment demonstration permits
• Combustion permits
• Post-closure permits
• Remedial Action Plans.
Additionally, EPA proposed another special type
of permit called a "standarized permit."
ADDITIONAL RESOURCES
Additional information about RCRA permitting
can be found at www.epa.gov/epaoswer/hazwaste/
permit/index.htm.
111-120
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CHAPTER 9
CORRECTIVE ACTION TO CLEAN UP
HAZARDOUS WASTE CONTAMINATION
In this chapter...
Overview ._ .-111-121
Corrective Action Implementation 111-122
- Permitted Corrective Action , 111-122
- Corrective Action Orders f 111-122
- Voluntary Corrective Action 111-123
Improving Corrective Action 111-123
- Special Provisions for Cleanup 111-123
- Environmental Indicators 111-124
- RCRA Cleanup Reforms 111-125
- RCRA Brownfields Prevention Initiative 111-125
Traditional Corrective Action Components ...... 111-125
- Initial Site Assessment 111-125
- Site Characterization llj-125
- Interim Actions ,. IJJ-125
- Evaluation of Remedial Alternatives 111-126
- Remedy Implementation :.. 111-126
Summary 111-126
Additional Resources ".. 111-126
OVERVIEW
Past and present activities at RCRA facilities
have'sometimes resulted in releases of hazardous
waste and hazardous constituents into soil, ground
water, surface water, sediments, and air. The Statute
generally mandates that EPA requires the
investigation and cleanup, or remediation, of these
hazardous releases at RCRA facilities. This program
is known as corrective action. Approximately
3,700 sites are undergoing corrective action, almost
three times the number of sites found on the
Superfund National Priorities List (NPL) (as
discussed in Section VI, Chapter 2). The degree of
investigation and subsequent corrective action
necessary to protect human health and the
environment varies significantly among these
facilities.
The corrective action program is a unique part of
RCRA because
there are no
comprehensive
cleanup
regulations.
Instead, EPA
implements
corrective action
primarily through
guidance, and
enforces it largely
through statutory
authorities
established by
HSWA. Prior to
HSWA, EPA's
statutory authority
to require cleanup
of hazardous
releases was limited to situations where the
contamination presented an "imminent and
substantial endangerment to health or the
environment." Regulatory authority was limited to
releases identified during ground water monitoring
at RCRA-regulated land-based hazardous waste
units, such as landfills or surface impoundments.
Through HSWA, Congress substantially expanded
EPA's corrective action authority, allowing the
Agency to address any releases of hazardous waste
or hazardous constituents to all environmental media
at both RCRA permitted and nonpermitted facilities.
11-121
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Section III: Managing Hazardous Waste - RCRA Subtitle C
Rather than implementing a rigid regulatory
framework for corrective action, the Agency has
developed guidance and policy documents to assist
facilities conducting cleanups. EPA recently
developed a set of targeted administrative reforms,
known as the RCRA Cleanup Reforms, to achieve
faster, more efficient cleanups. The RCRA Cleanup
Reforms represent a comprehensive effort to address
key impediments to cleanups, maximize program
flexibility, and spur progress toward a set of national
cleanup goals.
CORRECTIVE ACTION
IMPLEMENTATION
One of the keys to understanding the RCRA
corrective action program is knowing how a facility
becomes subject to corrective action. Facilities
generally are brought into the RCRA corrective
action process when there is an identified release of
hazardous waste or hazardous constituents, or when
EPA is considering a facility's RCRA permit
application. Additionally, a facility owner or
operator may volunteer to perform corrective action
by entering an agreement with EPA in order to
expedite the process.
• Permitted Corrective Action
When a facility is seeking a permit, or when a
permit is already in place, EPA can incorporate,
corrective action into the permit requirements.
Permitted facilities are required under 40 CFR Part
264, Subpart F, to monitor ground water to detect
and correct any releases from regulated land-based
hazardous waste land disposal units (as discussed in
Section III, Chapter 5). HSWA further expanded
EPA's permit authority for corrective action to
address all environmental media, as well as releases
from areas other than regulated land disposal units,
such as tanks or containers. Permits issued to RCRA
facilities must, at a minimum, contain schedules of
compliance to address these releases and include
provisions for financial assurance to cover the cost
of implementing those cleanup measures. The
HSWA statutory provisions for addressing corrective
action in permits are as follows:
• Releases from solid waste management units
(SWMUs) - Under the authority of §3004(u) of
the Act, EPA requires corrective action for
releases of hazardous waste or hazardous
constituents from SWMUs in a facility's permit.
A SWMU is any discernible unit where solid or
hazardous wastes have been placed at any time,
or any area where solid wastes have been
routinely and systematically released.
Releases beyond the facility boundary -
§3004(v) of the Act authorizes EPA to impose
corrective action requirements for releases that
have migrated beyond the facility boundary.
This corrective action provision can be
complementary to §3004(u), but it is not
expressly limited to releases from SWMUs.
• Omnibus permitting authority - This provision,
found in §3005(c)(3) of the Act,'allows EPA or
an authorized state to include any requirements
deemed necessary in a permit, including the
requirement to perform corrective action. This
authority is particularly useful at permitted
facilities when there is a release not associated
with any particular SWMU. (Omnibus
permitting authority is fully discussed in Section
III, Chapter 5.)
• Corrective Action Orders
EPA also possesses additional authorities to
order corrective action that are not contingent upon a
facility's permit. The statutory provisions to issue
corrective action orders are:
Releases at interim status facilities - §3008(h) of
the Act authorizes EPA to require corrective
action or other necessary measures through an
administrative enforcement order or lawsuit,
whenever there is or has been a release of
hazardous waste or constituents from an interim
status RCRA facility (i.e., a facility that has not
yet received a RCRA permit).
• Imminent and substantial endangerment - This
authority, found in §7003 of the Act, allows
EPA, upon evidence of past or present handling
of solid or hazardous waste, to require any
action necessary when a situation may present
11-122
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Chapter 9: Corrective Action to Clean Up Hazardous Waste Contamination
an imminent and substantial endangerment to
health or the environment (i.e., poses significant
threat or harm). This authority applies to all
facilities subject to RCRA, whether or not they
have a RCRA permit. EPA can waive other
RCRA requirements (e.g., a permit) to expedite
the cleanup process under this provision.
• Voluntary Corrective Action
Corrective action need not always be initiated
subject to permit requirements or an enforcement
order. Owners and operators of RCRA-regulated
facilities may also volunteer to perform corrective
action. Some activities which may be necessary to
achieve corrective action goals at a facility, however,
may require formal approval by EPA or the state.
EPA, therefore, encourages owners and operators to
work closely with EPA and state agencies to obtain
sufficient oversight during voluntary cleanup
activities.
IMPROVING CORRECTIVE ACTION
EPA has identified several factors that inhibit the
efficiency and timeliness of the cleanup program. In
some instances, cleanups have suffered from an
emphasis on process steps, instead of process goals.
Thus, EPA seeks to reduce these hindrances by
allowing more flexibility during the cleanup process.
EPA has reformed the corrective action program by:
addressing specific disincentives through regulatory
changes; focusing on near-term goals; and stressing
results-based approaches, instead of a process-based
scheme.
The Agency has finalized provisions to facilitate
faster, more efficient cleanups. For example, EPA
has established alternative soil standards for
cleanups (as discussed in Section III, Chapter 6);
harmonized the sometimes duplicative closure and
correction action requirements; and increased
flexibility for "cleanup only" facilities by developing
streamlined RCRA cleanup permits, removing the
obligation for facility-wide corrective action, and
introducing new units for managing cleanup wastes.
• Special Provisions for Cleanup
Cleaning up RCRA facilities under the
corrective action program may involve the
management of large amounts of waste such as
Figure 111-35
Potential Disincentives
Obtaining a traditional RCRA permit for
treatment, storage or disposal
LDU minimum technical requirements
L.DR treatment standards
Special Provisions for Cleanup
Remedial Action Plan (RAP)
Remediation waste management
units (i.e., CAMUs, TUs, and
staging piles)
Alternative LDR soil treatment
standards
contaminated soils, water, debris, and sludges which
contain a listed waste or exhibit a characteristic of
hazardous waste. Such cleanup wastes are referred
to as remediation wastes. Remediation wastes are
generally subject to the same management standards
as newly generated RCRA hazardous waste,
including TSDF standards, permits, and land
disposal restrictions (LDR). These management
standards are sometimes counterproductive when
applied to cleanups because they may unnecessarily
slow the corrective action process and increase the
cost of corrective action without providing a
concomitant level of protection of human health and
the environment. Figure 111-35 illustrates potential
disincentives to the cleanup program and EPA's
remedies.
In order to mitigate the impact of these
management standards on the corrective action
program, EPA promulgated streamlined regulations
that allow the use of alternative remediation waste
permit and unit standards. These alternative
standards ensure cleanups are fully protective while
eliminating some of the regulatory hurdles
associated with waste management. For example,
the Agency promulgated a modified version of a
permit, the Remedial Action Plan (RAP). Unlike the
traditional RCRA permit, the RAP is tailored to the
needs of a facility that manages remediation waste.
EPA also provided options for increased cleanup
flexibility by establishing three types of remediation
waste management units: temporary units (TUs),
corrective action management units (CAMUs),
and staging piles.
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Section III: Managing Hazardous Waste - RCRA Subtitle C
TUs are tanks or container storage, areas that
EPA designated to be used solely for the treatment or
storage of remediation wastes during cleanups. EPA
or authorized states can modify the design,
operating, and closure standards that normally apply
to these units in order to facilitate prompt cleanup of
contaminated waste sites.
A CAMU is an area within a facility that is used
only for managing CAMU-eligible wastes for
implementing corrective action or cleanup at the
facility. A CAMU must be located within the
contiguous property under the control of the owner
or operator where wastes to be managed in the
CAMU originated. By designating an area as a
CAMU, EPA exempts that area from LDR and the
land disposal unit (LDU) minimum technological
requirements (MTR). However, waste must meet
minimum treatment standards for its principal
hazardous constituents (PHCs), and CAMUs must
meet minimum liner and cap standards similar to the
criteria for municipal solid waste landfills
(MSWLFs) in Part 258 (See Section II).
A staging pile is a unit designated by EPA for
the temporary accumulation of solid, non-flowing
remediation waste during cleanups. Staging piles do
not have to meet MTR, and LDR treatment standards
do not apply to the remediation waste managed
within these units. Owners and operators may not
place any liquids in staging piles and cannot conduct
any significant treatment within these units.
• Environmental Indicators
Although the ultimate goal of the corrective
action program is completing final site cleanup, EPA
assesses the program using environmental indicators.
EPA developed two environmental indicators to
focus efforts on early risk reduction, risk
communication, and resource protection. EPA uses
the environmental indicators to measure progress
toward meeting the national cleanup goals
established by the Government Performance Results
Act of 1993 (GPRA). To meet the GPRA objectives,
EPA designated 1,714 RCRA facilities as the cleanup
baseline because of the potential for unacceptable
exposure to pollutants and/or for ground water
contamination. EPA identified many of these
facilities using the National Corrective Action
Prioritization System (NCAPS), a computer-based
ranking system that prioritizes the cleanup of the site
relative to other sites. The relative ranking (i.e.,
high, medium, or low) assigned to each site is based
on an evaluation of four pathways of actual or
potential contamination (i.e., ground water, surface
water, air, and soil).
The environmental indicators used are Current
Human Exposures Under Control and Migration of
Contaminated Groundwater Under Control. The
Agency and authorized States will verify and
document that by the year 2005, 95 percent of the
baseline facilities have current human exposures
under control and 70 percent have migration of
contaminated groundwater under control. These
environmental indicators will also aid site decision
makers by clearly showing where risk reduction is
necessary, thereby helping regulators and facility
owner and operators reach agreements earlier on
which stabilization measures or cleanup remedies
must be implemented.
Figure 111-36 illustrates the progress EPA has
made thus far in meeting its 2005 goals.
Figure 111-36
Environmental Indicator Progress
Meeting Our 2005 Goals
Human
Exposures El
Groundwater El
11-124
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Chapter 9: Corrective Action to Clean Up Hazardous Waste Contamination
• RCRA Cleanup Reforms
The goals for the RCRA Corrective Action
program remain challenging. To more effectively
meet these goals and speed up the pace of cleanups,
EPA introduced RCRA Cleanup Reforms in 1999
and additional Reforms in 2001. The 1999 and 2001
Reforms build upon actions taken by EPA and states
in recent years to accelerate cleanups. The 1999
Reforms outline policies to remove obstacles to
efficient cleanups, maximize program flexibility, and
initiate progress toward the GPRA cleanup goals.
The RCRA Cleanup Reforms of 2001 highlight
those activities that EPA believes would best
accelerate program progress and foster creative
solutions.
• RCRA Brownfields Prevention
Initiative
A potential RCRA Brownfield is a RCRA
facility that is not in full use, where there is
redevelopment potential, and where reuse or
redevelopment of that site is slowed due to real or
perceived concerns about actual or potential
contamination, liability, and RCRA requirements.
EPA launched the RCRA Brownfields Prevention
Initiative on June 11, 1998, with the goal of
encouraging the reuse of potential RCRA
Brownfields so that the land better serves the needs
of the community either through more productive
commercial or residential development or as
greenspace.
TRADITIONAL CORRECTIVE
ACTION COMPONENTS
Corrective action typically includes five
elements common to most, though not all, cleanup
activities: initial site assessment, site
characterization, interim actions, evaluation of
remedial alternatives, and implementation of the
selected remedy. However, no one approach is
likely to be appropriate for all corrective action
facilities; therefore, a successful corrective action
program must be procedurally flexible. These five
elements should be viewed as evaluations necessary
to make good cleanup decisions, not prescribed steps
along a path. EPA emphasizes that it does not want
studies to be undertaken simply for the purpose of
completing a perceived step in a perceived process.
• Initial Site Assessment
The first element in most cleanup programs is an
initial site assessment. During the initial site
assessment information is gathered on site
conditions, releases, potential releases, and exposure
pathways to determine whether a cleanup may be
needed and to identify areas of potential concern. In
the corrective action program, this step is commonly
referred to as RCRA Facility Assessment, or RFA.
Overseeing agencies may also use initial site
assessments to set relative priorities between sites
and allocate resources.
• Site Characterization
Before cleanup decisions can be made, some
level of characterization is necessary to ascertain the
nature and extent of contamination of a site and to
gather information necessary to support selection
and implementation of appropriate remedies. This
step is often referred to as the RCRA Facility
Investigation, or RFI. A successful RFI will identify
the presence, movement, fate, and risks associated
with environmental contamination at a site and will
elucidate the chemical and physical properties of the
site likely to influence contamination migratibn and
cleanup.
• Interim Actions
While site characterization is underway or
before a final remedy is selected, there is often need
for interim actions at a corrective action site.
Interim actions are used to control or abate ongoing
risks to human health and the environment in
advance of the final remedy selection. For example,
actual or potential contamination of drinking water
supplies may necessitate an interim action to provide
alternative drinking water sources.
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Section 111: Managing Hazardous Waste - RCRA Subtitle C
• Evaluation of Remedial Alternatives
Before choosing a cleanup approach, program
implementors and facility owners and operators will
typically analyze a range of alternatives and evaluate
their advantages and disadvantages relative to site-
specific conditions. Such a study is typically called
the Corrective Action Measures Study, or CMS.
• Remedy Implementation
Remedy implementation typically involves
detailed remedy design, remedy construction,
remedy operation and maintenance, and remedy
completion. In the corrective action program, this
step is often referred to as Corrective Measures
Implementation, or CMI.
SUMMARY
Through a process called corrective action, EPA
requires RCRA-regulated facilities to investigate and
clean up releases of hazardous waste or constituents
to the environment.
Corrective action is included as a requirement in
a facility's permit through §3004(u), §3004(v), or
§3005(c)(3) statutory authorities. Corrective action
can also be made through an enforcement order
through §3008(h) or §7003 statutory authorities.
Facilities may also voluntarily choose to clean up
their contamination.
EPA implements the corrective action program
primarily through guidance, and has not
promulgated comprehensive cleanup regulations.
Remediation wastes are those managed for the
purpose of implementing corrective action, and may
include contaminated soils, water, debris and sludges
that contain a listed waste or exhibit a characteristic
of hazardous waste.
EPA has promulgated provisions more
appropriate for managing remediation waste,
including the streamlined permit, or RAP, and
remediation waste management units, including the
TU, CAMU, and staging pile.
EPA recently developed a set of targeted
administrative reforms, known as the RCRA
Cleanup Reforms, to achieve faster, more efficient
cleanups. The RCRA Reforms represent a
comprehensive effort to address key impediments to
cleanups, maximize program flexibility, and spur
progress toward a set of ambitious national cleanup
goals.
ADDITIONAL RESOURCES
Additional information about corrective action
can be found at www.epa.gov/correctiveaction.
Further information about EPA cleanup programs
can be found at www.epa.gov/epaoswer/osw/
cleanup.htm.
111-126
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CHAPTER 10
ENFORCEMENT OF HAZARDOUS
WASTE REGULATIONS
In this chapter...
generator, transporter, and TSDF) activities, taking
expeditious legal action when noncompliance is
~ " ? detected, and providing compliance incentives and
Overview 111-127^ assistance. Facility inspections by federal and state
Compliance Monitoring 111-128 officials are the primary tool for monitoring
._-«. Inspections and Information Gathering 111-128 compliance. When noncompliance is detected, legal
if^ Conducting the Inspection .". 111-129 action, in the form of an administrative order, a civil
^Enforcement Actions „_.'..,.._.,....,, ,1.... 111-129 lawsuit, or a criminal lawsuit, may follow,
" "*-" Administrative Actions HI-129 depending on the nature and severity of the
- Civil Actions.... , 111-131 problem. EPA has also issued several policies to
- Criminal Actions ' . ' 111-132 provide incentives for businesses to voluntarily
Civil Penalty Policy 111-133 ^^ their°wn compliance and disclose
_ . . . _ , , _ .... ' ' violations, and to assist small businesses in
,. Enforcement at Federal Faal.fes 111-133 complying with the regulations. The combination
.- Compliance Assistance and Incentives 111-134 ^ of effective monitoring, expeditious legal action,
V' Small Business Compliance Incentives and , and compliance incentives and assistance is
Assistance , , 111-134 • ^ j A j i 1 o,
. - - intended to reduce the number of handlers operating
± ' Self-Audit Policy ' ' IIM34 in violation of RCRA requirements and to deter
I," Au*t Protocols »••••• JIM35 potential violations.
- Sector Notebooks 111-135
Agency Functions 111-135 ' T^is cnaPter describes the three essential
-Summary..... 111-136' asPects of the enforcement program: compliance
...... . _ monitoring, enforcement actions, and compliance
Additiona Resources 11-136 • j • A1 „ - ,
™ " ( incentives and assistance. Almost all of the
enforcement provisions detailed in this chapter are
O VE RVIE W based on the Act, federal EPA policy, and Agency
regulations. It is important to note that state
The effective implementation of the RCRA requirements may be more stringent than those
program depends on whether the people and mandated by the federal government, and state
companies regulated under RCRA comply with its enforcement authorities and procedures may differ
various requirements. The goals of the RCRA from those of EPA.
enforcement program are to ensure that the
regulatory and statutory provisions of RCRA are
met, and to compel necessary action to correct
violations. EPA and the states achieve these goals
by closely monitoring hazardous waste handler (e.g.,
11-127
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Section III: Managing Hazardous Waste - RCRA Subtitle C
COMPLIANCE MONITORING
One aspect of the enforcement program is
monitoring facilities to verify that they comply with
RCRA regulatory requirements. Monitoring serves
several purposes, such as allowing EPA and the
states to assess the effectiveness of specific legal
actions that may have been taken already against a
handler, and enabling EPA to gather data in support
of a future rulemaking. In addition, the overall
compliance monitoring program allows EPA to
evaluate the effectiveness of state programs and to
monitor nationwide compliance with RCRA.
Finally, monitoring acts as a deterrent, encouraging
compliance with the regulations by making acts of
noncompliance susceptible to enforcement actions.
Inspection!!
Gathering
and Information
The primary method of collecting compliance
monitoring data is through an inspection. Section
3007 of the Act provides the authority for
conducting inspections. This section allows a
representative of EPA or an authorized state to enter
any premises where hazardous waste is handled to
examine records and take samples of the wastes. In
instances when criminal activity is suspected, EPA's
National Enforcement Investigations Center may
become involved. Similarly, DOT may participate
where waste transporters are involved. While all
TSDFs must be inspected at least once every two
years, HSWA requires that all federal- and state-
operated facilities be inspected annually. Facilities
may also be inspected at any time if EPA or the state
has reason to suspect that a violation has occurred.
Finally, facilities are chosen for an inspection when
specific information is needed to support the
development of RCRA regulations and to track
program progress and accomplishments.
Inspections may be conducted by EPA, an
authorized state, or both. Typically, either the state
or EPA has overall responsibility, or the lead, for
conducting the inspection. The inspection may
include a formal visit to the handler, a review of
records, taking of samples, and observation of
operations.
There are many types of inspections. However,
the compliance evaluation inspection (CEI) is the
primary mechanism for detecting and verifying
RCRA violations by hazardous waste generators,
transporters, and TSDFs. Types of inspections differ
based upon the purpose, facility status, and the
TYPES OF ENFORCEMENT INSPECTIONS
^Compliance Evaluation Inspection — Routine
' "inspections to evaluate compliance with RCRA.
2^ "These inspections usually encompass a file review
prior to the site visit; an on-site examination of
£» generation, treatment, storage or disposal areas; a
—- review of records; and an evaluation of the facility's
compliance with RCRA.
Development Inspection — An inspection
;j|LwJ[eTi j^nificant RCRA violations are known,
f-^suspe~cted, or revealed. These inspections are
_- jjsually intended to gather data in support of a
•— specific enforcement action.
iS Comprehensive Ground Water Monitoring
"g^Jg/ajuatipn^An inspection to ensure that ground
ti. water monitoring systems are designed and
1^- functioning properly at RCRA land disposal facilities.
^-•zrCompliance Sampling Inspection — Inspections to
*--. coHect samples for laboratory analysis. This
f^safhplinglnspection may be conducted in
conjunction with any other inspection.
- * Operations and Maintenance Inspection —
«*. Inspections to ensure that ground water monitoring
I other systems at closed land disposal facilities
je to function properly. These inspections are
r L:C usually conducted at facilities that have already
a thorough evaluation of the ground water
UK: monitoring system through a comprehensive ground
|p - water monitoring inspection.
Lajjoratorv Audit — Inspections of laboratories
; pelforminojjround water monitoring analysis to
Bpfftffr|Jb*at these la*Bpratories are using proper
**J4raK-'-*handling and'analysis protocols.
probable use of inspection results. The Office of
Waste Programs Enforcement has developed, and. is
continuing to develop, specific guidance on
performing the different types of inspections.
111-128
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Chapter 10: Enforcement of Hazardous Waste Regu/atfons
• Conducting the Inspection
Several steps are generally followed in RCRA
inspections to ensure consistency and thoroughness;
these steps are summarized below. The inspector
prepares for the inspection by:
• Coordinating inspection activities with other
regulatory or enforcement personnel as
necessary
• Reviewing facility files
• Preparing an inspection plan
• Developing a checklist
• Packing appropriate safety equipment.
The first stage of the actual inspection is the
facility entry. Upon entry, the inspector generally
holds an opening conference with the owner and
operator to discuss the nature of the inspection and
to describe the information and samples to be
gathered. Following the opening conference, the
actual inspection takes place, which may involve:
• Reviewing facility operations and waste
management practices
Reviewing records
• Conducting a visual inspection
• Identifying sampling requirements.
Finally, the inspector holds a closing conference
with the owner and operator to allow him or her to
respond to questions about the inspection and to
provide additional information. The inspector
usually summarizes the findings.
After the visit is completed, the inspector
prepares a comprehensive report that summarizes the
records reviewed, any sampling results, and the
handler's compliance status with respect to RCRA.
The most important result of any inspection is
the determination of whether the handler is in
compliance with the regulations. The inspector may
also determine compliance through examination of
the reports that handlers are required to submit, or
are part of normal waste handler operations. Reports
may contain information about the wastes being
handled, the method of handling, and the ultimate
disposal of wastes. Reports are submitted as
required in a permit or enforcement order (e.g.,
corrective action schedules of compliance) and by
regulation (e.g., biennial report). If the handler is
not complying with all of the appropriate state or
federal requirements, enforcement action may be
taken.
ENFORCEMENT ACTIONS
When compliance monitoring detects a
violation, enforcement actions bring handlers into
compliance with applicable Subtitle C regulations.
The goal of enforcement actions is to compel:
• Compliance with RCRA's waste handling
standards
• Compliance with RCRA's recordkeeping and
reporting requirements
• Monitoring and corrective action in response to
releases of hazardous waste, and hazardous
constituents.
EPA (or an authorized state) has a broad range of
enforcement options including:
• Administrative actions
• Civil actions
• Criminal actions.
A decision to pursue one of these options is
based on the nature and severity of the problem.
• Administrative Actions
An administrative action is an enforcement
action taken by EPA or a state under its own
authority, without involving a court process.
Administrative enforcement actions can take several
forms, ranging from EPA or the state authority
issuing informal notices of noncompliance, to orders
that force facilities to take a certain action.
Administrative actions tend to be resolved quickly
and can often be quite effective in forcing a handler
to comply with regulations or to remedy a potential
111-129
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Section III: Managing Hazardous Waste - RCRA Subtitle C
ADMINISTRATIVE ENFORCEMENT ACTIONS:
A CASE STUDY
Following a routine inspection at a university, four
facilities within the campus were found to be in
violation of various RCRA requirements involving the
management of hazardous wastes and the preparation
of emergency procedures. EPA initiated an
administrative action against the university to assess
appropriate civil penalties. After negotiations with the
university, EPA agreed to sign a consent order to set
the cash penalty at $69,570 and allow the university to
perform three supplemental environmental projects
worth $279,205. One project was to promote pollution
prevention in the school's laboratories; the second was
a hazardous chemical waste management training
program to promote environmental compliance; and
the third was the renovation of a building for use as a
lead poison resource center to promote public health
within a disadvantaged community.
threat to human health or the environment. Two
types of administrative actions, informal actions and
formal actions, provide for enforcement response
outside the court system.
Informal Actions
An informal administrative action is any
communication from EPA or a state agency that
notifies the handler of a problem. It can take many
forms, such as a letter or a phone call. An informal
letter to the handler may be called a notice of
violation or a notice of noncompliance. For this
type of action, EPA or the state notifies a handler
that they are not in compliance with some provision
of the regulations. This type of action is particularly
appropriate when the violation is minor, such as a
record maintenance requirement. If the owner and
operator does not take steps to comply within a
certain tune period, a warning letter will be sent,
setting out specific actions to be taken to move the
handler into compliance. The warning letter also
sets out the enforcement actions that will follow if
the handler fails to remedy the violation.
Formal Actions
x
Alternatively, EPA or the state can take formal
action when a more severe violation is detected, or
the owner and operator does not respond to an
informal action. Formal actions often take the form
of an administrative order, which is issued directly
under the authority of RCRA and imposes
enforceable legal duties. Orders can be used to force
a facility to comply with specific regulations; to take
corrective action; to perform monitoring, testing, and
analysis; or to address a threat to human health and
the environment. An administrative order can be
issued as a consent order, which documents an
agreement between the Agency and the violator.
EPA can issue four types of administrative orders
under RCRA:
• Compliance orders — §3008(a) of RCRA allows
EPA to issue an order requiring any person who
is not complying with a requirement of RCRA to
take steps to come into compliance. A
compliance order may require immediate
compliance or may set out a schedule for
compliance. The order can contain a penalty of
up to $27,500 per day for each day of
noncompliance and can suspend or revoke the
facility's permit or interim status. When EPA
issues a compliance order, the person to whom
the order is issued can request a hearing on any
factual provisions of the order. If no hearing is
requested, the order will become final 30 days
after it is issued.
• Corrective action orders — §3008(h) allows
EPA to issue an order requiring corrective action
at an interim status facility when there is
evidence of a release of a hazardous waste or a
hazardous constituent into the environment.
EPA can issue a §3008(h) order to require
corrective action activities including
investigations, repairing liners, or pumping to
treat ground water contamination. In addition to
requiring corrective action, these orders can
suspend interim status and impose penalties of
up to $27,500 for each day of noncompliance
with the order (as discussed in Section III,
Chapter 9).
• §3013 orders — If EPA finds that a substantial
hazard to human health and the environment
exists, the Agency can issue an administrative
order under §3013. A §3013 order is used to
evaluate the nature and extent of the problem
through monitoring, analysis, and testing. These
orders can be issued either to the current owner
111-130
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Chapter 10: Enforcement of Hazardous Waste Regulations
and operator of the facility or to a past owner
and operator (if the facility is not currently in
operation or if the present owner and operator
can not be expected to have actual knowledge of
the potential release). Violation of §3013 orders
can result in penalties of up to $5,500 per day.
• §7003 orders — In any situation where an
imminent and substantial endangerment to
health or the environment is caused by the
handling of solid or hazardous wastes, EPA can
order any person contributing to the problem to
take steps to clean it up. This order can be used
against any contributing party, including past or
present generators, transporters, or owners or
operators of the site. Violation of §7003 orders
can result in penalties of up to $5,500 per day
(as discussed in Section III, Chapter 9).
In Fiscal Year (FY) 2001, EPA issued 3,228
administrative orders and field citations.
• Civil Actions
In addition to formal and informal
administrative actions, some statutory authorities
allow EPA to initiate civil actions, also known as
judicial actions. A civil action is a formal lawsuit,
filed in court, against a person who has either failed
to comply with a statutory or regulatory requirement
or administrative order, or against a person who has
contributed to a release of hazardous waste or
hazardous
constituents.
Civil
actions are
often
employed
in
situations
that present
repeated or
significant
violations or where there are serious environmental
concerns. Attorneys from the U.S. Department of
Justice (DOT) prosecute RCRA civil cases for EPA,
while the state attorneys general assume this role for
the states. In FY 2001, EPA submitted 327 civil case
SlVllENFORCEMENT ACTIONS: A CASE STUDY
i
__ _ _ &
fjEPAfiied a complaint with a U.S. District Court against ~
*7a repeat violator, alleging noncompiiance with RCRA '_
?f hazardous waste storage standards. The violator,
ihsubject to a prior enforcement action, had ignored a
Xd^l Jidr^irjstrative order issued by EPA. That order
?regufred immediate compliance with RCRA regulatory
;H3pgations and the payment of $74,105 in civil
^penalties. _Since the issuance of the final order, the
' vioJatoTnot only failed to pay any of the assessed civil
^pfenaity, but continued to violate the RCRA regulations.
STEPA sued the violator for collection of the past due
^'amount under the administrative order, plus interest
Jand costs, and a further civil penalty for continuing and
' jffditicjnal violations. The federal judge in the case
Bordered the violator to pay past administrative.
•4 penalties, and to pay an additional fine for violating the
•fpast order.
referrals to DOJ; $101.6 million in civil penalities
were assessed.
Civil actions are useful in several situations.
When the person being sued has not complied with a
previously issued administrative order, the courts
may impose penalties to force the handler to comply.
When a long-term solution to a problem is desired, a
civil action may be helpful to ensure proper
supervision of the handler's actions. Civil actions
may be used when noncompiiance with an
administrative order presents a danger to public
health or the environment. They also may provide
stronger deterrence to noncompiiance than an
administrative order, because civil judicial cases can
be costly and lengthy.
RCRA provides EPA the authority for filing four
different types of civil actions:
• Compliance action — Under §3008(a), the
federal government can file suit to force a
person to comply with any applicable RCRA
regulations. In federal actions, the court can
impose a penalty of up to $27,500 per day per
violation for noncompiiance.
• Corrective action — In a situation where there
has been a release of hazardous waste or
hazardous constituents from a facility, the
federal government can sue to require the
facility to correct the problem and take any
1-131
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Section III: Managing Hazardous Waste - RCRA Subtitle C
necessary response measures under §3008(h).
The court can also suspend or revoke a facility's
interim status as apart of its order (as discussed
in Section III, Chapter 9).
Monitoring and analysis — If EPA has issued a
monitoring and analysis order under §3013 of
RCRA and the person to whom the order was
issued fails to comply, the federal government
can sue to require compliance with the order. In
this type of case, the court can assess a penalty
of up to $5,500 per day of noncompliance with
these orders.
Imminent and substantial endangerment — As
with a §7003 administrative order, when any
person has contributed or is contributing to an
imminent and substantial endangerment to
human health and the environment, the federal
government can sue the person to require action
to remove the hazard or remedy any problem. If
the Agency first issued an administrative order,
the court can also impose a penalty of up to
$5,500 for each day of noncompliance with
those orders (as discussed in Section III,
Chapter 9).
In a major multi-statute enforcement case, an
international business agreed to resolve charges that it
violated clean air, clean water and hazardous waste
laws at its Mississippi facility under a civil settlement
and criminal plea agreement with EPA. This company
paid a $20 million penalty and will spend up to $16
million on projects to enhance the environment.
Frequently, several of the civil action authorities
will be used together in the same lawsuit. This is
particularly likely to happen where a handler has
been issued an administrative order for violating a
regulatory requirement, has ignored that order, and is
in continued noncompliance. In this circumstance, a
lawsuit can be filed that seeks penalties for violating
the regulations, penalties for violating the order, and
a judge's order requiring future compliance with the
regulations and the administrative order.
^ CRIMINAL ENFORCEMENT ACTIONS:
-_.-_- -" A£ASEST,upy _„ _ „, I
""A warehouse worker employed by a chemical
^manufacturer was instructed by the president of the
^company to dispose of unwanted hazardous 'f
» chemicals. The wgrke/joade
-------
Chapter 10: Enforcement of Hazardous Waste Regutaiions
• Omitting important information from, or making
a false statement in a label, manifest, report,
permit, or interim status standard
• Generating, storing, treating, or disposing of
waste without complying with RCRA's
recordkeeping and reporting requirements
• Transporting waste without a manifest
• Exporting a waste without the consent of the
receiving country.
The seventh criminal act is the knowing
transportation, treatment, storage, disposal, or export
of any hazardous waste in such a way that another
person is placed in imminent danger of death or
serious bodily injury. This act carries a possible
penalty of up to $250,000 or 15 years in prison for
an individual, or a $1 million fine for a corporation.
CIVIL PENALTY POLICY
EPA's Civil Penalty Policy is designed to
provide guidance and consistency in assessing
noncriminal penalty amounts for both administrative
actions and in settlements of civil judicial
enforcement actions. The policy serves many
purposes, including ensuring that:
• Penalties are assessed in a fair and consistent
manner
• Penalties are appropriate for the seriousness of
the violation
Figure 111-36: Civil Penalty Calculation
+ / - Adjustments = Penalty
• Economic incentives for noncompliance are
eliminated
• Penalties are sufficient to deter persons from
committing RCRA violations
• Compliance is expeditiously achieved and
maintained.
EPA's penalty policy utilizes a calculation
system to determine the amount of a penalty, based
on four components. These components include:
1) the gravity (i.e., severity) of the particular
violation; 2) the duration of the violation; 3) the
economic benefit
gained through
noncompliance; and 4)
any site-specific
adjustments (see
Figure 111-36).
One type of site-
specific adjustment
that provides EPA with flexibility in assessing
penalties is called a supplemental environmental
project (SEP). OECA issued its Final EPA
Supplemental Environmental Projects Policy in
1998. These are environmentally beneficial projects
which a defendant or respondent agrees to undertake
in the settlement of a civil or administrative
enforcement action, but which the defendant is not
otherwise legally required to perform. For example,
a violator may agree to restore and protect a wetland
or an endangered species habitat. In appropriate
circumstances, EPA may adjust the final settlement
penalty for a violator who agrees to perform a
project so that it is lower compared to that of a
violator who does not agree to perform such a
project.
ENFORCEMENT AT FEDERAL
FACILITIES
In the past, federal facilities have been subject to
the RCRA regulations, but not to civil fines or
penalties. This limited waiver of sovereign
immunity made enforcement at federal facilities less
effective. In 1992, however, Congress passed the
Federal Facilities Compliance Act, which expressly
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Section III: Managing Hazardous Waste - RCRA Subtitle C
waived sovereign immunity against civil fines and
penalties and clarified that EPA has the authority to
issue administrative enforcement orders against a
federal department or agency in the same manner
and under the same circumstances as an action taken
against another person. No EPA issued
administrative order becomes final until the federal
department or agency has had the opportunity to
confer with the EPA Administrator.
During FY2001, EPA took 51 enforcement actions
against federal facilities, an increase of five from
FY2000, for violations of numerous federal
environmental statutes.
Additional information about enforcement at
federal facilities can be found at www.epa.gov/
compliance/about/offices/ffeo.html.
COMPLIANCE ASSISTANCE AND
INCENTIVES
Over the past few years, EPA has issued
numerous policies to provide compliance assistance
and incentives to the regulated community. By
helping businesses understand the regulations, and
by providing certain incentives for compliance, EPA
hopes to move closer to its goal of ensuring
compliance with all RCRA requirements. Two
policies in achieving this goal are the Final Policy
on Compliance Incentives for Small Businesses and
Incentives for Self-Policing: Discovery, Disclosure,
Correction and Prevention of Violations (also known
as the EPA Audit Policy). Additionally, the Agency
has developed audit protocols and sector notebooks
to assist businesses.
• Small Business Compliance
Incentives and Assistance
The Final Policy on Compliance Incentives for
Small Businesses is intended to promote
environmental compliance among small businesses
by providing incentives to participate in compliance
assistance programs, conduct audits, and promptly
correct violations. A small business is defined as a
person, corporation, partnership, or other entity who
employs 100 or fewer individuals, across all
facilities and operations owned by the entity. The
policy sets guidelines for EPA and the states on
reducing or waiving penalties for small businesses
that make good faith efforts to correct violations.
Under this policy, EPA may eliminate or
mitigate its settlement penalties based on certain
criteria. The small business needs to make a good
faith effort to comply with applicable environmental
requirements by either detecting a violation during
on-site compliance assistance from a government or
government-supported program, or by conducting an
internal audit and promptly disclosing in writing all
violations discovered as part of the audit. The
violation should also be the first for the small
business; this policy does not apply to businesses
that have been subject to warning letters or any other
type of enforcement action. The small business
needs to also correct the violation within the time
period allowed, which in most cases is 180 days.
For the policy to apply, the violation also can neither
be one that has caused actual serious harm to human
health or the environment, nor one that involves
criminal conduct.
To assist businesses in complying with the
regulations, OECA, in conjunction with industry,
academic institutions, environmental groups, and
other agencies, has opened compliance assistance
centers. These centers provide assistance to small
businesses, in addition to providing industry-specific
information to state and local government officials.
The compliance centers serve members of industries
such as printing, metal finishing, automotive
services and repair, and agriculture.
• Self-Audit Policy
EPA's policy regarding Incentives for Self-
Policing: Discovery, Disclosure, Correction and
Prevention of Violations encourages regulated
entities to voluntarily discover, disclose, and correct
violations of environmental requirements.; This
policy is designed not only to encourage greater
compliance with the laws, but also to achieve
maximum compliance through active efforts by the
regulated community.
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Chapter 10: Enforcement of Hazardous
The Agency provides incentives, such as
eliminating or reducing the gravity component of
civil penalties by 75 percent, for companies that
conduct voluntary audits. EPA also may choose not
to recommend criminal prosecution of a regulated
entity based on voluntary disclosure of violations
that are discovered through audits and disclosed to
the government before an investigation occurs.
The policy has certain limitations. As with the
small business policy, companies may not be able to
gain relief under this policy for repeated violations,
violations that present a serious or imminent harm to
human health or the environment, or violations that
involve criminal activity. Also, the violation should
be discovered through an environmental audit or
through a documented, systematic procedure which
reflects the company's due diligence in preventing,
detecting, and correcting violations. To receive the
penalty mitigation, the regulated entity should
correct the violation within 60 days, unless written
notice is provided indicating a longer time frame,
and needs to certify in writing that the violations
have been corrected. Finally, the regulated entity
needs to take steps to prevent a recurrence of the
violation. Thus far, over 318 companies have
disclosed and corrected violations under the audit
policy at more than 1,668 facilities. The rates of
disclosing companies and corrected violations under
the policy have increased every year since its
effective date.
Additional information about the audit policy
can be found at www.epa.gov/compliance/
incentives/auditing/index.html.
n Audit Protocols
EPA has developed audit protocols to assist and
encourage businesses and organizations to perform
environmental audits and disclose violations in
accordance with EPA's audit policy. The audit-
protocols are intended to promote consistency
among regulated entities when conducting
environmental audits and to ensure that audits are
conducted in a thorough and comprehensive manner.
EPA has developed audit protocols for the following
RCRA facilities:
• Hazardous waste generators
• Hazardous waste TSDFs
• Used oil and universal waste generators
• Hazardous waste storage tanks
• Federal facilities
• Subtitle D facilities.
• Sector Notebooks
EPA has developed tools to enhance compliance
with environmental laws on an industry by industry
basis. Sector Notebooks are industry sector profiles,
which help owners and operators of regulated
industries understand their regulatory obligations
through comprehensive plain-English guides. These
Notebooks are available on the Internet at
www.epa.gov/compliance/resources/publications/
assistance/sectors/notebooks/index.html.
AGENCY FUNCTIONS
Responsibility for the various components that
make up the RCRA enforcement program is divided
among different EPA Headquarters offices, the EPA
Regions, and state agencies. EPA Headquarters is
responsible for setting nationwide policy, monitoring
regional and state activities, and providing technical
support. The EPA Regions take primary federal
responsibility for performing inspections, issuing
administrative orders, preparing civil actions,
monitoring compliance with administrative and
judicial orders, and providing support to DOJ for
ongoing lawsuits. As with many other aspects of the
RCRA program, responsibility for enforcement is
largely decentralized. Authorized states take
primary responsibility for enforcement in close
cooperation with their respective EPA Region. EPA,
however, retains its authority to take enforcement
actions in authorized states if the state fails to do so,
does not obtain acceptable results, or requests EPA
assistance.
1-135
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Section III: Managing Hazardous Waste - RCRA Subtitle C
SUMMARY
There are three essential elements to RCRA's
enforcement program: compliance monitoring,
enforcement actions, and compliance assistance and
incentives.
Compliance monitoring is used to determine a
handler's level of compliance with RCRA's
regulatory requirements. The primary method of
collecting compliance monitoring data is through an
inspection.
Either EPA or an authorized state may lead
inspections. Inspections must be conducted annually
at all federal- or state-operated facilities and at least
once every two years at each TSDF. The six types of
inspections conducted under the RCRA program are:
• Compliance evaluation inspection
• Case development inspection
• Comprehensive ground water monitoring
evaluation
* Compliance sampling inspection
• Operations and maintenance inspection
• Laboratory audit.
The primary goal of enforcement actions is to
bring facilities into compliance and ensure future
compliance. The enforcement options available
under RCRA are:
• Administrative actions, including informal and
formal actions
• Civil actions
• Criminal actions.
EPA uses the guidelines in the Civil Penalty
Policy for assessing penalty amounts and uses the
Final EPA Supplemental Environmental Projects
Policy to allow for flexibility in assessing penalties.
Enforcement of RCRA at federal facilities is
now similar to enforcement at TSDFs, as a result of
the Federal Facility Compliance Act of 1992.
To achieve greater compliance, EPA also offers
compliance assistance through numerous policies,
including Final Policy on Compliance Incentives for
Small Businesses and Incentives for Self-Pdlicing:
Discovery, Disclosure, Correction and Prevention of
Violations.
The responsibility for the various enforcement
actions is divided among different EPA Headquarters
offices, EPA Regions, and authorized state agencies.
ADDITIONAL RESOURCES
Additional information about RCRA
enforcement can be found at www.epa.gov/
compliance.
More information about SEPs is available at
www.epa.gov/compliance/planning/data/multimedia/
seps/sep.html.
11-136
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CHAPTER 11
AUTHORIZING STATES TO IMPLEMENT RCRA
-^k* *
|g/n tfefe chapter...
In order for a state to assume the regulatory lead
as the implementing agency, it must be authorized
by EPA to do so. RCRA requires authorization to
.Overview 111-137 " ensure state programs are at least equivalent to and
pveloping a State Hazardous Waste ' consistent with the federal rules. Through state
l^~6Tt)v C ~^— ~* "* ' *" ,„, $
^Program, , 111-137 ^ authorization, EPA establishes minimum federal
$£- Final Authorization Tll-13% ^. standards to prevent overlapping or duplicative state
f^Jzlnferirn Authorization .'"""^D } regulatory programs. A state that has received final
Jfgeview of the Proposed State Program 111-140 ( authorization, known as an authorized state,
prevising Authorized State Programs IIM41 * implements and enforces its hazardous waste
fgr Withdrawing State Program Authorization .... 111-141 * regulations. Authorized state regulations act "in lieu
i&*Transferring Program Responsibility Back to " ' Of' federal regulations.
™~ EPA" ._. ....r..~. ,:.ZT 111-142 *
^T^rtah!.::::::::::::::::::: ± \ DEVELOPING A STATE
glirWty Selling lli-142 ' HAZARDOUS WASTE PROGR/^M
fe-'State Oversight" '. .t 111-142 *
\ iFnformation Management '...7.. ......111-142 " Under RCRA, as enacted in 1976, states had
jiVRCRAInfo .". r...... ,'.„. 111-143 * two options for assuming the responsibility to
^__- State Authorization Tracking System .". 111-143 " administer the RCRA Subtitle C program: final or
""Summary'. ^. .". 111-143 interim authorization.
OVERVIEW
When RCRA was written, it was Congress'
intent for the states to assume primary responsibility
for implementing the hazardous waste regulations,
with oversight from the federal government.
Congress felt the states' familiarity with the
regulated community, and state and local needs
would allow them to administer the hazardous waste
program in the most effective manner.
111-137
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Section III: Managing Hazardous Waste - RCRA Subtitle C
• Final Authorization
For a state to receive final authorization, it
must be fully equivalent to, no less stringent than,
and consistent with the federal program. However,
states may impose requirements that are more
stringent or broader in scope than the federal
requirements. Some examples of rules that are more
stringent are the decision by some states to not
recognize the CESQG exemption, or to require
annual (rather than biennial) reports. An example of
a rule that is broader in scope is the regulation of
antifreeze as a listed waste in some states. In
addition, the state's program must provide adequate
enforcement authority to carry out its provisions,
provide for public notice and hearing in the
permitting process, and provide for public
availability of information in "substantially the same
manner and to the same degree" as the federal
program.
As an initial step toward obtaining final
authorization, a state typically adopts the federal
rules in some manner. Adopting the federal
program means either incorporating federal rules
into the state's rules, or creating state rules that are
equivalent to federal rules. Many states simply
incorporate the federal rules by reference (this is
known as incorporation by reference). This is
when the regulatory language in a state's regulations
actually cites, or refers to, the federal regulations. A
state may also choose to create an analogous set of
state regulations through the state legislative
process. Even though a state may have adopted the
federal program and its hazardous waste program is
similar or identical to the federal program, it still
does not have primacy for implementing and
enforcing the hazardous waste regulations. To
assume this role, the state must first be granted final
authorization. As of June 2002, all states, with the
ADOPTING FEDERAL REGULATIONS
As an initial step toward obtaining final authorization, a
jttate typically adopts the federal rules in some
-manner. Adopting the federal program means either ,
Incorporating federal rules into the state's rules, or
creating state rules that are equivalent to federal rules.
exception of Alaska and Iowa, are authorized to
implement the RCRA hazardous waste program.
Any state that seeks final authorization for its
hazardous waste program must submit an
application to the EPA Administrator containing the
following elements:
• A letter from the governor requesting program
authorization
• A complete description of the state hazardous
waste program
An attorney general's statement
• A memorandum of agreement (MO A)
• Copies of all applicable state statutes and
regulations, including those governing state
administrative procedures
• Documentation of public participation activities.
Governor's Letter
This is simply a letter, signed by the goyernor,
formally requesting the EPA Administrator to
authorize the state's hazardous waste program which
will be implemented in lieu of the federal program.
Program Description
The program description describes how the state
intends to administer the hazardous waste program
in place of the federal program. It includes the
following:
• A narrative description of the scope, structure,
coverage, and processes of the state program
• A description of the state agency or agencies
responsible for running the program, including a
description of state-level staff who will carry out
the program
• A description of applicable state procedures,
including permitting procedures and any state
administrative or judicial review procedures
• A description of the state's manifest tracking
system
-------
Chapter 11: Authorizing States to Implement RCRA
•. Copies of any forms used to administer the
program under, state law
• A complete description of the state's compliance
tracking and enforcement program.
In addition, the program description must
include estimates of:
• Costs involved in running the program and an
itemization of the sources and amounts of
funding available to support the program's
operation
• The number of generators, transporters, and on-
site and off-site disposal facilities (along with a
brief description of the types of facilities and an
indication of the permit status of these facilities)
• The annual quantities of hazardous waste
generated within the state, transported into and
out of the state, and stored, treated, or disposed
of within the state (if available).
If the state chooses to develop a program that is
more stringent or broader in scope (or both) than the
one required by federal law, the program description
should address those parts of the program that go
above and beyond what is required under RCRA
Subtitle C.
Attorney General's Statement
The attorney general's statement identifies the
legal authorities — statutes, regulations, and where
appropriate, case law — upon which the state is
relying to demonstrate equivalence with the federal
program. The statement must include citations to
specific statutes, administrative regulations, and
judicial decisions which demonstrate adequate
authority. When differences from federal authorities
exist in the state's program, the statement provides
an explanation. The statement must be signed by
the attorney general or an independent legal counsel
authorized to represent the state agency in court.
State statutes and regulations cited in the attorney
general's statement must be lawfully adopted and
fully effective at the time the program is authorized.
Memorandum of Agreement
Although a state with an authorized program
assumes primary responsibility for administering
Subtitle C hazardous waste regulations, EPA still
retains enforcement authority and oversight
responsibilities. In these instances, since the
authorized state and EPA both possess regulatory
authority to administer the regulations, there is a
potential for problems or conflicts, such as dual
permitting or dual enforcement of the regulations.
The memorandum of agreement between the state
Director and the EPA Regional Administrator
outlines the nature of these responsibilities and
oversight powers, and defines the level of
coordination between the state and the EPA in
implementing the program. While each MOA will
contain provisions unique to each individual state's
program, several provisions are common to all
MOAs. These include provisions for:
• Establishing state procedures for assigning EPA
identification numbers
Specifying the frequency and content of reports
that the state must submit to EPA
• Coordinating compliance monitoring and
enforcement activities between the state and
EPA
'
LE MEMORANDUM OF AGREEMENT
•-• -
of agreement (hereinafter
j"A|jree1nent"j establishes policies, responsibilities, and
* procedures pursuant to 40 CFR §271.8 for the State of
fe-^Sag*.Hazardous Waste Program (hereinafter
^^|ate,*Progfam'j authorized under Section 3006 of the
gJFtesquroe Conservation and Recovery Act (hereinafter
g§gR^"^T "the Acf) of 1976 (Public Law 94-580,42
§6901 eLsegO'anci the United States
gpnvirojimental Protection Agency~(hereinafter EPA)
^Regional Office for Region . This Agreement
B farther setsforth the manner in which the State and
&J|iPA wjlTcoprdinaie in the State's administration of the
*«State program;
-
SI-139
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Section III: Managing Hazardous Waste - RCRA Subtitle C
• Allowing EPA to conduct compliance
inspections of the regulated community in the
authorized state
• Joint processing of permits for those facilities
that require a permit from both the state and
EPA
• Specifying the types of permit applications that
will be sent to the EPA Regional Administrator
for review and comment
• Transferring permitting responsibilities upon
authorization.
State Statutes and Regulations
The state must submit copies of its statutes and
regulations that are expected to act in lieu of the
federal RCRA regulations. Where states adopt the
federal regulations by reference, a document may be
included outlining where in the state rules the
federal rules are incorporated.
Documentation of Public Participation
A state must demonstrate that the public was
allowed to participate in the state's decision to seek
final authorization. Prior to submitting the
application to the Administrator, a state must have
given public notice of its intent to apply for
authorization. Public notice must take the form of
publishing the announcement in major newspapers,
sending information to individuals on the state
agency mailing list, and allowing for a 30-day
comment period. Proof of public participation may
include copies of comments submitted by the public
during the comment period, and transcripts,
recordings, or summaries of any public hearings
concerning state authorization.
• Interim Authorization
Some states are not able to receive final
authorization immediately because their programs
do not meet the minimum federal requirements. As
a result, these states can obtain interim
authorization. Interim authorization is a temporary
mechanism that is intended to promote continued
state participation in hazardous waste management
while encouraging states to develop programs that
i- „„„ INTERIM AUTHORIZATION
" "" " * ^
"Jnterijn authorization is. a temporary mechanism thafis
gjntended to promote continued state participation in
Hazardous wastejnanagement while encouraging
^"states to develop programs that are fully equivalent to
*"fhe federal program and that will qualify for final
.r"aluthorizailoQw4Jiate may receive interim
' authorization if jts hazardous waste program js
sufrstentialiylTquivalent to the federal program.
are fully equivalent to the federal program and that
will qualify for final authorization. A state may
receive interim authorization if its hazardous waste
program is substantially equivalent to the federal
program. Interim authorization is intended to allow
a state with its own hazardous waste program in
place to continue implementing its current program
until final authorization can be achieved. Under
RCRA, interim authorization expired on January 31,
1986. HSWA introduced a new interim
authorization period for any requirement
promulgated pursuant to HSWA authority. HSWA
interim authorization expires January 1, 2003, except
for the January 22,2002, CAMU amendments rule.
REVIEW OF THE PROPOSED
STATE PROGRAM
Once the state has submitted a complete
application for final authorization to EPA, the EPA
Regional Administrator determines whether or not
the state's program should be authorized.
The EPA Regional Administrator makes this
determination according to the following steps:
• Tentative determination — The EPA Regional
Administrator must tentatively approve or
disapprove the state's application. The tentative
determination is published in the Federal
Register.
• Public comment — The public is given an
opportunity to comment on the state's
application and the EPA Regional
Administrator's tentative determination. The
Agency places a newspaper notice to inform the
public of this opportunity, and a public hearing
11-140
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Chapter 11: Authorizing States to Implement RCRA
will be held after the notice of the tentative
determination is published in the Federal
Register.
• Final determination — After the notice of the
tentative determination is published in the
Federal Register, the EPA Regional
Administrator must decide whether or not to
authorize the state's program, taking into
account all comments submitted. This final
determination is then published in the Federal
Register.
REVISING AUTHORIZED STATE
PROGRAMS
Once a state has gained final authorization, it
must continually amend and revise its program to
maintain its authorized status. As RCRA continues
to evolve through new federal rulemakings, an
authorized state is required to revise its program to
reflect the changes in the federal program. An
authorized state may also have to revise its program
in order to incorporate any state statutory or
regulatory changes that affect the state's hazardous
waste program. Most of the authorization activity
now involves revisions to authorized state programs
rather than the authorization of new states.
All program revisions may be initiated by either
EPA or the authorized state. To revise its authorized
program, a state must submit copies of its
regulations and may submit a modified program
description, attorney general's statement, MOA, or
other documents deemed necessary by EPA. The
EPA Administrator reviews the state's proposed
modifications applying the same standards used to
review the state's initial program application. The
state's program revisions are effective once
approved by EPA. Notice of all state program
revisions are then published in the Federal Register.
A state with final authorization must modify its
program on a yearly basis to reflect changes to the
federal program resulting from the promulgation of
new rules. New federal rules are grouped into
annual clusters, and a state revises its program by
adopting and becoming authorized for the entire
cluster. A cluster begins on July 1 of each year and
ends on June 30 of the following year. By July 1 of
each year, an authorized state must adopt the cluster,
which includes all changes to the federal program,
that occurred during the 12 months preceding the
previous July 1 (e.g., states must modify their
programs by July 1, 2003, to reflect all changes
made between July 1, 2001 and June 30, 2002). The
deadlines for program modifications may also be
extended for one year if state statutory amendments
are necessary.
• Withdrawing State Program
Authorization
Authorized state programs are continually
subject to review. If the EPA Administrator
determines that a state's authorized program no
longer complies with the appropriate regulatory
requirements and the state fails to amend its
program accordingly, authorization may be
withdrawn. An authorized state's program may be
considered out of compliance for many reasons.
One reason could be failure to promulgate or enact
required regulations, leaving the state without the
legal authority to implement or enforce its program.
Also, the state legislature could limit or strike down
the state's authority to enforce its program. A state
could also be out of compliance by failing to issue
required permits, or by continually issuing bad
permits. If an authorized state fails to enforce its
authorized program properly, does not act on
violations, fails to assess proper penalties or fines, or
fails to inspect and monitor properly, it may also be
considered out of compliance. Finally, if the state
fails to comply with the requirements of the MOA,
the EPA Administrator may determine the state is
out of compliance and may begin program
withdrawal procedures. If program authorization is
withdrawn, responsibility for administering and
enforcing RCRA Subtitle C reverts back to EPA.
Although EPA can withdraw hazardous waste
program authorization for a state that fails to enforce
its authorized program properly or take timely and
appropriate action, the Agency can take other action
without officially withdrawing authorization. In
such instances, EPA may take independent
enforcement action by overfiling, or enforcing a
provision for which a particular state has
1-141
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Section 111: Managing Hazardous Waste - RCRA Subtitle C
authorization. EPA may also overfile if the state
requests EPA to do so and provides justification
based on unique, case-specific circumstances, or if a
case could establish a legal precedent. In order to
overfile, EPA must notify the state 30 days prior to
issuing a compliance order or starting a civil action
within that state.
• Transferring Program Responsibility
Back to EPA
A state with an authorized program may
voluntarily transfer the program back to EPA. To
do this, the state must give the EPA Administrator
180 days notice and submit a plan for the orderly
transfer to EPA of all relevant program information
necessary for administering the program (e.g.,
permits and permit files, compliance records, permit
applications, reports).
GRANTS AND OVERSIGHT
While authorized states bear the primary
responsibility for implementing the RCRA Subtitle
C program, federal EPA still plays a role by offering
financial assistance to states to help them develop
and implement their hazardous waste programs,
establishing broad national priorities, and ensuring
that states properly carry out the RCRA program.
• State Grants
EPA offers grants to states to assist them in
developing or implementing authorized hazardous
waste management programs. Each EPA Regional
Office receives an allotment based upon multiple
factors, such as population and the amounts and
types of hazardous waste generated in the EPA
Region. States then submit proposed work plans
that outline planned activities in the upcoming year,
including permitting, enforcement, and program
management. EPA Regions then negotiate with
each state over the specific work to be accomplished
with these grant funds.
• Priority Setting
EPA also sets RCRA national goals and priority
program activities on an annual basis. Each year,
EPA identifies the national priorities for
implementing all of its programs, including the
RCRA Subtitle C and D programs. These priorities
form the basis for EPA Regional and state workload
negotiations for the upcoming year.
• State Oversight
Ensuring that states properly implement their
hazardous waste management programs is also an
important EPA responsibility. As a result, EPA
Regional staff have oversight responsibilities to:
• Promote national consistency in RCRA
implementation
• Encourage coordination and agreement between
EPA and states on technical and management
issues
Ensure proper enforcement by the state
• Ensure appropriate expenditure of federal grant
funds.
INFORMATION MANAGEMENT
Several RCRA provisions require the regulated
community to report hazardous waste management
information to EPA and states. For example,
biennial reporting provisions require large quantity
generators and TSDFs to submit waste management
information to EPA by March 1 of every even-
numbered year. EPA and states, in turn, collect and
track such information to ensure that the hazardous
waste program is adequately managed at the EPA
Headquarters, EPA Regional, and state levels, and to
provide accurate and up-to-date information to both
Congress and the general public. In order to achieve
this goal, EPA compiles such data in the RCRAInfo
111-142
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Chapter 11: Authorizing States to Implement RCRA
database. EPA also maintains the State
Authorization Tracking System (StATS), which it
uses to track whether states have been authorized to
implement or have adopted federal hazardous waste
rulemakings.
• RCRAInfo
In September
2000, EPA began
managing data
supporting the Subtitle C program in its information
system known as RCRAInfo. RCRAInfo
consolidated EPA's former information systems,
RCRIS and BRS, into one national system.
RCRAInfo is a national program management and
inventory system of RCRA hazardous waste
handlers, including generators, transporters, and
TSDFs. The information system captures
^identification, regulatory compliance status and
cleanup activity data for all handlers, and tracks the
permit and closure status of TSDFs. Additionally,
RCRAInfo tracks state-collected data on the
generation and management of RCRA hazardous
waste from LQGs and TSDFs.
• State Authorization Tracking System
The State Authorization Tracking System
(StATS) is a tool used by EPA to chart the states that
have been authorized to implement the RCRA
hazardous waste program. By looking at StATS
reports, an individual can determine if a particular
state has been authorized to implement a specific
rule. The reports also list the Federal Register
citations for final authorization decisions for each
state and rule.
SUMMARY
Congress intended states to assume
responsibility for implementing RCRA, with
oversight from the federal government. In order for
a state to receive authorization to implement and
enforce the hazardous waste regulations in lieu of
federal EPA, the state must demonstrate that its
program:
• Is equivalent to, no less stringent than, and
consistent with the federal program (state
requirements may be more stringent or broader
in scope)
• Provides adequate enforcement authority
• Provides for public availability of information in
substantially the same manner and to the same
degree as the federal program.
Any state that seeks final authorization for its
hazardous waste program must submit an application
to the EPA Administrator containing the following
elements:
• A letter from the governor requesting program
authorization
• A complete program description
• An attorney general's statement
• AnMOA
• Copies of all applicable state statutes and
regulations
• Documentation of public participation activities.
Once a state's program has been authorized, it
must revise its program, on an annual basis, to
reflect both changes in the federal program, and
state statutory or regulatory changes. State
programs are also subject to review by EPA, and a
state's authorized status can be withdrawn if the
program does not comply with appropriate
regulatory requirements. Without officially
withdrawing authorization, EPA may take
independent enforcement action by overfiling, or
enforcing a provision for which a particular state has
authorization. States may also choose to transfer
program responsibility back to EPA.
EPA works closely with states in implementing
the hazardous waste management program by
offering grants to states, setting national goals and
priorities, and providing program oversight.
EPA Headquarters, EPA Regions, and states
collect, compile, and track information on the
RCRA hazardous waste program through
RCRAInfo.
1-143
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SECTION IV
MANAGING UNDERGROUND STORAGE TANKS
RCRA SUBTITLE I
In this section... _
' " - A regulated substance is any hazardous
substance, defined under CERCLA §101(14), and
^ dvervlew ^ " " ' IV-1 '*" petroleum. In other words, the federal UST
^Scope ofthe'u^ground Storage Tank " regulations apply only to USTs storing either
"problem ' ' IV-2 petroleum or hazardous substances. Underground
• -The Underground Storage Tank Regulatory tanks holding nonhazardous substances, such as
Program .. : IV-3 water, are not covered by these regulations.
- Program Scope IV-3 Thfi yagt majority of USTs store petroleum
~"s~ °'lca lon """ - : ; products at retail establishments, such as gas
••" - Technical Requirements IV-4 ... , . . , ,~ . ,, ..... T
M - stations, and at petroleum refining facilities. Less
Lender Liability IV-13 ., ., . r.TTc.rr u j
than three percent of USTs store hazardous
r State Underground Storage Tank Programs .... IV-14 , . T.I • .. * j j • • •
. _ , _ - substances. Placing tanks underground minimizes
' Inspections and Enforcement IV-14 , , , ., . . ,
".,.,,, , „ ,. . ,. " hazards and provides a convenient place to store
Leaking Underground Storage Tank Trust ,. ., . . , ,-, u-j- -Li
F" d - "ivi«5 liquid matenals while hiding unsightly equipment.
. ._^,"r,'"l.""T," , ,"^'"". „, .,„ These tanks are found at a variety of locations,
i, USTfields for Abandoned Tanks..., IV-16 . , ,. . . .
.,,.. including convenience stores, airports, service
Summary IV-16 ^ . & .. ,. ? * • c .VA.
Additional Resources : IV-1?' " Statlons' sma11 and large manufacturm§ facilities,
.- . , and government facilities. USTs at these sites are
used primarily to store gasoline, diesel fuel, crude
r»\/Ct?\AIIC\A/ °^' ^azardous chemicals, and heating oil. Before the
regulations, many of these tanks were made of bare,
Across the United States, there are ..„_„„_
approximately 700,000 federally regulated - _ - WHAT IS AN UST SYSTEM?
underground storage tanks in use that store . zz"" * I
petroleum or hazardous substances. An UST system An UStSystem is defined as a tank and any
is defined as a tank and any underground piping underground piping connected to the tank that has at \
xj^j x i^i^t. ^.i im ^ r least 10 oercent of Its combined volume underground.
connected to the tank that has at least 10 percent of „ Thte definition includes the tank, connected
its combined volume underground. This definition , underground" piping, any underground ancillary ^
includes the tank, connected underground piping, equipment, such as valves and pumps, and ~
any underground ancillary equipment, such as valves * contalnmeijt systems. "
and pumps, and containment systems Therefore, '' " WHAT ^ REGULATED SUBSTANCE? ' " %
aboveground tanks with extensive underground ( ^; ^__^_ _^__ ^ ^ - ' - f,
piping may meet the definition of an UST. In order j ^"regulated substance is defined as any hazardous " *
for a tank to meet the definition of an UST it must '^substance, defined under CERCLA §101(14), and "
also contain a regulated substance. • Petroleum. ^ ^ ^
IV-1
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Section IV: Managing Underground Storage Tanks - RCRA Subtitle I
unprotected steel, causing them to pose a substantial
threat to human health and the environment from
leaking due to faulty installation, corrosion, tank or
pipe rupture, or spills.
With over 50 percent of the U.S. population
relying on ground water as their primary source of
drinking water, Congress acted to protect this
resource in 1984 by adding Subtitle I to RCRA in
1984. Under this Congressional mandate, EPA was
required to develop a comprehensive regulatory
program for USTs storing petroleum or regulated
hazardous substances. In 1988, EPA published
regulations that require owners and operators of new
tanks and tanks already in the ground to prevent,
detect, and clean up releases. In 1986, Congress
amended Subtitle I with the passage of the
Superfund Amendments Reauthorization Act
(SARA) by creating a fund for corrective action for
petroleum releases from USTs; this fund is referred
to as the Leaking Underground Storage Tank
(LUST) Trust Fund.
This section describes the UST program
regulatory requirements, the role of the states in
implementing the program, and the LUST Trust
Fund.
SCOPE OF THE UNDERGROUND
STORAGE TANK PROBLEM
Of the approximately 700,000 tanks currently in
use and subject to the federal regulations, an
estimated 38 percent are constructed of fiberglass,
32 percent are constructed of new steel, and 30
percent have been upgraded with cathodic protection
and/or lining. Nevertheless, approximately 6,500
releases were reported between September 2000 and
September 2001, allowing contaminants such as
benzene and methyl tertiary-butyl ether (MTBE), to
seep into the ground and cause potential harm to the
environment. As of September 2001, since the
beginning of the UST program, over 418,000 UST
releases have been confirmed. EPA estimates that
approximately 60 percent or more of these releases
have affected groundwater. Consquently, leaking
USTs pose a potentially widespread threat to our
nation's groundwater.
Releases of regulated substances into the
environment are generally attributed to corrosion,
faulty installation, and spills and overfills.
Corrosion occurs when bare metal, soil, and moist
conditions combine to produce an underground
electric current that destroys hard metal. Over time,
corrosion can create holes in the body of the tank
and piping, increasing the likelihood of leaks into
the soil. The speed and severity of corrosion varies
depending on site-specific factors.
Improper installation is also a typical cause of
UST failure. Proper installation is crucial to ensure
the structural integrity of both the tank and its
piping. Proper installation procedures include
excavating the soil, siting where the tank system
should be located, determining burial depth,
assembling the tank system, backfilling around the
tank system, and grading the surface soil (i.e.,
evening out surface where the soil was replaced).
Installation problems generally result from careless
^RELEASES FROM USTS
£«»* -"- f * ~" "•*"•'/ -K •*
'* 6,500 new releases were reported between September
2000 and September 2001. Between the beginning of
ifh,e UST program and September 2001, over 418,000
USJ releases have been confirmed. EPA esfimates
latjapproxirnately 60 percent or more of these
releases have affected groundwater.
installation practices that do not follow standard
industry codes and procedures. For example,
mishandling of the tank during installation can cause
cracks in fiberglass-reinforced plastic tanks or
damage the protective coating on steel tanks, leading
to corrosion.
Finally, spills and overfills, usually caused by
human error during product transfers, contribute to
tank leakage. Spills often occur when the tanks are
filled during routine product deliveries. Although
these spills are small, repeated releases of any size
can have substantial environmental impacts.
Overfills normally release much larger volumes than
spills. Overfills occur when tanks are filled beyond
their capacity and excess product is released.
IV-2
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Section IV: Managing Underground Storage Tanks-RCRA Subtitle I
Installation of spill and overfill protection, in
addition to following industry standards for correct
filling practices, help to prevent such releases from
occurring.
THE UNDERGROUND STORAGE
TANK REGULATORY PROGRAM
Congress, when developing RCRA Subtitle I,
chose to subject only about one-third of the total
number of UST systems that were in use when the
law was enacted to the UST program. The tanks that
were specifically exempted from the scope of the
regulations were selected by Congress because these
particular types of USTs were regulated under
federal, state, or local laws.
• Program Scope
While tanks that have at least 10 percent of their
combined volume underground and are used to store
petroleum and hazardous substances are subject to
the RCRA Subtitle I program, not all tanks meeting
this definition of an UST are required to comply
with the requirements. Congress specifically
excluded certain tanks from the definition,
including:
• Farm and residential tanks of 1,100 gallons or
less capacity holding motor fuel used for
noncommercial purposes
• Tanks storing heating oil used on the premises
where it is stored
• Tanks on or above the floor of underground
areas, such as basements or tunnels
Septic tanks and systems for collecting
wastewater and storm water
• Flow-through process tanks (i.e., tanks that are
part of production processes and have a steady
flow of materials through the tank during
operation)
Pipeline facilities
Surface impoundments, pits, ponds, or lagoons
• Storm water or wastewater collection systems
• Liquid traps or associated gathering lines
directly related to oil or gas production and
gathering operations.
Upon examination of the UST universe, EPA
determined that there were additional tanks that
should not be subject to the federal regulatory
program due to their size, content, location, or
regulation under other programs. As a result, EPA
excluded the following tanks:
• UST systems holding hazardous wastes listed or
identified under RCRA Subtitle C, or a mixture
of such wastes and regulated substances
• Wastewater treatment tank systems that are part
of a wastewater treatment facility regulated
under CWA
• Equipment or machinery that contains regulated
substances for operational purposes, such as
hydraulic lift tanks and electrical equipment
tanks
or
UST systems with a capacity of 110 gallons
less
UST systems that contain de minimis
concentrations of regulated substances
• Emergency spill or overflow containment UST
systems that are expeditiously emptied after use.
EPA also identified tanks that did not warrant
exclusion, but should not be subject to full
IV-3
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Section IV: Managing Underground Storage Tanks - RCRA Subtitle I
regulation. As a result, EPA deferred certain tanks
from the requirements for design and installation,
operation, release detection, release reporting and
investigation, closure, and financial responsibility.
These deferred tanks include:
• Wastewater treatment tank systems
• UST systems containing radioactive material
regulated under AEA
• UST systems that are part of emergency
generator systems at nuclear power generation
facilities
• Airport hydrant fuel distribution systems
• UST systems with field-constructed tanks.
UST systems that store fuel solely for use by
emergency power generators are deferred from the
release detection requirements only.
In order to fully protect human health and the
environment, these deferred tanks are still subject to
release response and corrective action regulations to
ensure that any leaks from a deferred UST system
will be addressed and cleaned up. Additionally, all
deferred tanks are subject to an interim prohibition
which generally requires that such tanks installed
after May 8,1985, comply with certain technical
requirements that provide basic protection of human
health and the environment.
• Notification
Because of the vast number of USTs already in
existence when Congress enacted RCRA Subtitle I,
EPA found that developing UST regulations and
classifying the number of USTs in the United States
was an intensive task. EPA's first action in
responding to this mandate was to establish a
notification system allowing tracking of existing
USTs, as well as providing a mechanism to identify
when a new UST was brought into operation. As a
result, owners and operators of UST systems that
were in the ground on or after May 8, 1986, were
required to notify the state or local agency of the
tank's existence, unless the tank was taken out of
operation on or before January 1, 1974. Any owner
and operator who brings an UST into use after May
8, 1986, must notify the designated state or local
agency of the existence of the tank system within 30
days of bringing the tank into use. In addition, any
person who sells a tank intended to be used as an
UST must inform the purchaser of the notification
requirement.
• Technical Requirements
In response to the scope of the UST problem and
Congress' mandate, EPA issued technical
performance standards for all USTs and regulations
to require petroleum UST owners and operators to
have the financial means to pay for cleanups and. to
compensate third parties. These standards, codified
in 40 CFR Part 280, encompass provisions for UST:
• Design, construction, and installation
• Operation
• Release detection
• Release reporting, investigation, and
confirmation
• Corrective action
• Closure :
• Financial responsibility.
IV-4
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Section IV: Managing Underground Storage Tanks - RCRA Subtitle 1
New vs. Existing Underground Storage Tank
Systems
At the time EPA's technical regulations for USTs
came into effect, many tanks were already being
used to store regulated substances. To accommodate
the thousands of USTs in existence at the time the
federal regulations were established, EPA built a
certain amount of flexibility into the UST program
to ensure that tanks already in use were covered by
the new program, yet not immediately subjected to
the new, potentially costly, design standards. To
address this issue, EPA made a distinction in the
UST regulations between new tanks and existing
tanks. New USTs are those that were installed or
that had commenced installation after December 22,
1988. These tanks are expected to be in compliance
with all of the technical standards upon installation.
Existing USTs are those that were in service or
for which installation had commenced, on or before
December 22, 1988. At the time the regulations
went into effect, approximately two million tanks
were considered existing. While EPA felt that these
tanks could pose the same threat as new tanks, and
thus should be subject to the same standards as new
tanks, the Agency granted a period during which the
existing tanks could come into compliance with the
regulations. This phase-in or upgrading period
expired December 22, 1998. At that time, existing
tanks must have met the performance standards for
new tanks, must have met the upgrading
requirements for existing tanks, or have been
properly closed.
While the standards for existing USTs are often
identical to those for new USTs, there are limited
circumstances where the standards for new USTs
"NEW VS. EXISTING TANKS
fiSBSgw- , *
sjNew tanks are those that are installed, or that have
^ommencedjnstallation, afterJDecember 22,1988.
*jj3§se tanks are expected to be in compliance with all
|^Bf thei technical standards upon installation. Existing
||,tanks~are those that were in service, or for which had
^commenced, on or before December 22,1988.
\HStefing tanks had until December 22,1998 to have
J?met the performance standards for newlanks, have
Jmet the upgrading requirements for existing tanks, or
* ' rtakejj Qutof service.
would be impracticable for existing USTs to
implement immediately. This chapter will focus
primarily on the standards for new USTs, contrasting
them with the standards for existing USTs where
appropriate.
Design, Construction, and Installation
Proper installation is crucial to ensuring the
structural integrity of both the tank and its piping.
Therefore, owners and operators of tank systems
must certify on their UST notification form that the
tank system was installed in accordance with the
manufacturer's instructions and in accordance with
practices developed by nationally recognized
associations, such as the Petroleum Equipment
Institute (PEI).
Tanks are also required to be designed and
constructed in such a way as to protect them from
corrosion. This can be accomplished by
constructing the tank of materials that do not
corrode, such as fiberglass-reinforced plastic, or
outfitting a steel tank with a thick layer of
noncorrodible material. A third option, known as
cathodic protection, uses sacrificial anodes or a
direct current source to protect steel by halting the
naturally occurring electrochemical process that
causes corrosion (see Figure IV-1). Piping that
routinely contains product, and that is in contact
with soils, must meet similar corrosion protection
standards.
Owners and operators of USTs must also ensure
that any substance stored in the UST does not react
in such a way that it threatens the integrity of the
tank. For this reason, the tank and piping must be
made of, or lined with, a material that is compatible
with the substance stored in the tank.
IV-5
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Section IV: Managing Underground Storage Tanks - RCRA Subtitle I
Figure IV-1: Cathodic Protection
Grade
Current Path
LIST corrosion is caused by an electric current that is created
when bare metal is placed in soil. Cathodic protection
prevents such corrosion. The above impressed current
system sends electric current from anodes, through the soil
to the LIST system to protect the tank by overcoming the
corrosion-causing current normally flowing from the tank.
In order to remain in service after December 22,
1998, existing tanks that are not constructed with
noncorrodible materials were required to install
corrosion protection as part of the upgrading
requirements. This could have been in the form of
cathodic protection, an interior lining of
noncorrodible material, or a combination of the two.
Corrosion protection in the form of cathodic
protection was also required for metal piping.
In addition to these design standards, tank
systems are subject to general requirements to
ensure proper operation and maintenance.
Operation
The general operating requirements provide
owners and operators with a set of standards to
ensure that routine daily operations are conducted
safely. Theses requirements are geared primarily
toward the prevention of spills, overfills, and
corrosion.
Spill and Overfill Protection
Spill and overfill protection requirements
include common-sense procedures, such as ensuring
that there is enough room in the tank to receive a
delivery of gasoline before the delivery is made, and
watching the entire delivery to prevent spilling or
overfilling. In addition, spills and overfills must be
eliminated or minimized by installing certain
equipment. For example, catchment basins can
contain small amounts of product that are spilled
when the delivery hose is disconnected from the fill
pipe. Overfill protection devices either shut off
delivery once the product has reached a certain level
in the tank, or sound an alarm that notifies the
delivery driver that the tank is almost full (see
Figure IV-2). As with design and installation
requirements, standards for product transfer are
based on standards developed by nationally
recognized associations.
All tank systems, both new and existing, are
subject to the general operating standards; for spill
and overfill control. The only exception to these
Figure IV-2: Overfill Protection
Fill Pipe
Shutoff Valve
Float
An UST owner and operator can meet overfill protection
requirements by using an overfill protection device. Such
devices either shut off delivery once the product has reached
a certain level in the tank, or sound an alarm thai notifies the
delivery driver that the tank is almost full. For example, an
automatic shut off device (or fill pipe device) has one or two
valves that are operated by a float mechanism. When the
product reaches a certain level in the tank (i.e., when the
float mechanism reaches a certain level), the device will shut
off the flow of product into the tank.
IV-6
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Section IV: Managing Underground Storage Tanks - RCRA Subtitle)
requirements is that USTs which never receive
product transfers of more than 25 gallons at a time,
do not have to meet the spill and overfill design
standards.
Corrosion Protection
Both new UST systems and existing UST
systems that have been upgraded with corrosion
protection must follow guidelines for the operation
and maintenance of the corrosion protection
equipment. The regulations require that corrosion
protection systems be properly operated and
maintained to ensure that no releases occur. In
addition, UST systems with cathodic protection must
be periodically inspected and tested to ensure that
the equipment is operating properly. Finally, the
owner and operator must keep records documenting
compliance with these operation, maintenance, and
inspection requirements.
Release Detection
EPA included release detection requirements in
the UST regulations to detect releases from leaking
tanks before they pose threats to or damage human
health and the environment. All new USTs are
required to have release detection (also referred to as
leak detection) for tanks and piping when they are
installed. Existing USTs were required to meet
release detection requirements for tanks and piping
no later than December 1993.
There is no single release detection system that
is best for all sites, nor is there a particular type of
release detection that is consistently the least
expensive. Identifying the best leak detection choice
for an UST depends on a number of factors,
including cost (both initial installation cost and long-
term operation and maintenance cost), facility
configuration (such as the complexity of piping runs
and tank systems), ground water depth, soil type,
seasonal rainfall and temperature ranges, availability
of experienced installers, and other variables best
evaluated by professionals.
, Based on these and other factors, petroleum
UST owners and operators can choose any of these
seven release detection methods (see Figure IV-3):
Interstitial monitoring
• Automatic tank gauging systems
• Vapor monitoring
Ground water monitoring
Figure IV-3: Release Detection Methods
Inventory Control or
Manual Tank Gauging
Vapor
Monitoring
Well
Secondary
Containment
with
Interstitial
Monitoring
_ nven
Automatic Tank Gauging
Ground Water
Monitoring Well
UST owners and operators can provide release detection for their tanks using several different methods. These include secondary
containment with interstitial monitoring, automatic tank gauging, vapor monitoring, ground water monitoring, and SIR (not pictured)
In some cases, owners and operators can combine either inventory control or manual tank gauging with tank tightness testing
Owners and operators must also provide release detection for piping, including automatic line leak detectors for pressurized piping
IV-7
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Section IV: Managing Underground Storage Tanks - RCRA Subtitle I
• Statistical inventory reconciliation (SIR)
• Manual tank gauging for small USTs
• Other methods meeting performance standards.
The federal UST program also includes different
release detection requirements for hazardous
substance tanks as well as for underground piping
for all USTs. Lastly, the federal regulations contain
recordkeeping provisions requiring owners and
operators to document compliance with the release
detection standards.
Interstitial monitoring involves the use of
secondary containment, such as a barrier, outer wall,
or liner around the UST or piping to prevent leaking
product from escaping into the environment.
Alternatively, tanks can be equipped with inner
bladders to provide secondary containment. If
product escapes from the inner tank or piping, it will
then be directed towards an interstitial monitor
located between the walls.
Automatic tank gauging systems use a probe in
the tank that is wired to a monitor to provide
information on product level and temperature.
These systems automatically calculate the changes in
product volume mat can indicate a leaking tank.
Vapor monitoring measures product fumes in
the soil around the UST to check for leaks. This
method requires installation of carefully placed
monitoring wells. Owners and operators can
perform vapor monitoring on a periodic basis, or
continuously, using permanently installed
equipment.
Ground water monitoring senses the presence
of liquid product floating in ground water. This
method requires installation of monitoring wells at
strategic locations in the ground near the tank and
along the piping runs. To discover if leaked product
has reached ground water, owners and operators can
periodically check these wells by hand, or monitor
them continuously with permanently installed
equipment. This method cannot be used at sites
where ground water is more than 20 feet below the
surface, and may not be appropriate for soluble
materials, such as MTBE.
With statistical inventory reconciliation,
owners and operators use sophisticated computer
software to conduct a statistical analysis of
inventory, delivery, and dispensing data. These data
are then analyzed to determine if any product has
been released.
Owners and operators of USTs with a capacity
of 1,000 gallons or less can use manual tank
gauging as the sole method of release detection for
the life of the tank. Manual tank gauging requires
owners and operators to keep the tank undisturbed
for at least 36 hours each week, during which time
the contents of the tank are measured. At the end of
each week, owners and operators analyze the test
results to determine if the tank is leaking.
Any other release detection technology can be
used if it either (1) meets a performance standard of
detecting a leak of 0.2 gallons per hour with a
probability of detection of at least 95 percent and a
probability of false alarm of no more than five
percent, or (2) is approved by the implementing
agency after demonstrating it is capable of detecting
a release as effectively as one of the six stated
methods.
These release detection methods are monthly
monitoring methods, and eventually, all UST owners
and operators will have to use at least one of them.
It may, in some cases, require a significant
investment of time and resources for owners and
operators to get these release detection methods in
place. In the interim, UST owners and operators can
combine either inventory control or manual tank.
gauging with tank tightness testing. The length of
time that owners and operators can use these
temporary methods depends on whether their UST
meets the standards for new or upgraded tanks, when
the UST was upgraded to meet corrosion protection
requirements and, in some cases, the size of the
tanks.
• Inventory control with tank tightness testing —
This method combines monthly inventory
control with periodic tank tightness testing.
Inventory control involves taking
measurements of tank contents, recording the
amount of product pumped each operating day
and reconciling these data at least once a month.
IV-8
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Section IV: Managing Underground Storage Tanks - RCRA Subt/t/e /
Tank tightness testing describes a variety of
methods used to determine if a tank is leaking;
most of these methods involve monitoring
changes in product level or volume in a tank
over a period of several hours.
• Manual tank gauging with tank tightness testing
— Owners and operators of tanks with a
capacity of 2,000 gallons or less can temporarily
use monthly manual tank gauging with periodic
tank tightness testing.
Hazardous Substance USTs
All hazardous substance USTs, both new and
existing, must meet different release detection
requirements. Hazardous substance USTs must
employ secondary containment with interstitial
monitoring. By enclosing such tanks with a second
wall, leaks can be detected quickly and contained
before harming the environment.
Piping
Underground piping for all USTs (both new and
existing petroleum and hazardous substance tanks)
that routinely contains a regulated substance is also
subject to release detection standards. Pressurized
piping requires automatic line leak detectors and an
additional monitoring method, such as an annual line
tightness test or certain previously mentioned
monthly monitoring methods for tanks. Suction
piping may or may not require release detection,
depending on how such piping is designed. For
example, suction piping that has enough slope to
allow product to drain back into the tank does not
require release detection. However, suction piping
that is subject to release detection requirements must
use a periodic line tightness test or certain monthly
monitoring methods for tanks.
Recordkeeping
The release detection recordkeeping
requirements include maintaining results of any
sampling, testing, or monitoring, as well as
maintaining documentation of all calibration,
maintenance, and repair of release detection
equipment. These record retention provisions are
applicable to new and existing petroleum and
hazardous substance tanks and piping.
Release Reporting, Investigation, and
Confirmation
UST release detection requirements are intended
to prevent petroleum and hazardous substances from
leaking into the environment. Unfortunately, many
releases have already occurred and may occur in the
future. As a result, the UST regulations stipulate
procedures for investigating and confirming
suspected releases from petroleum and hazardous
substance USTs, and reporting such releases to the
implementing agency. All UST owners and
operators must be attentive to a variety of warning
signals that indicate an UST may be leaking. These
include evaluation of results of release detection
monitoring and testing, observation of any unusual
operating conditions at the pump (such as erratic or
overly slow product flow), and evidence of product
leakage into the environment (e.g., the presence of
petroleum in nearby surface water or wells). Upon
observing such warning signals, the owner and
operator must immediately report the suspected
release to the implementing agency. The owner and
operator must then determine if the suspected release
is an actual release by conducting tightness testing of
the entire UST system to determine a possible
source. The owner and operator must also measure
for the presence of contaminants in soil or ground
water, and determine the source of the release if such
contamination has been discovered.
If the results of tank tightness testing or the site
inspection (or both) indicate that no release has
occurred, then no further investigation is required.
If, however, the results of these investigations
indicate that a release has occurred, the owner and
operator must respond by immediately stopping the
release and repairing or replacing any damaged
equipment. If an owner and operator chooses to
repair rather than replace a damaged pipe or tank,
EPA requires the repair person to follow standard
industry codes, such as codes established by the
American Petroleum Institute (API), for correct
repair practices. In addition, the owner and operator
must take steps to clean up the release through the
UST corrective action program.
IV-9
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Section IV: Managing Underground Storage Tanks-RCRA Subtitle I
Corrective Action
Corrective action for UST systems is designed
to ensure that releases of regulated substances do not
threaten human health and the environment. While
corrective action procedures are comprised of a
series of steps, the exact action to be taken and the
level of response required vary depending on the
severity of the release and the nature of the
containment.
Response to confirmed releases consists of
short-term and long-
term stages. The initial
stage of the response
consists of short-term
actions to stop and
contain the leak or spill
and steps to ensure that
the leak or spill poses no
immediate hazard to
human health and safety,
such as removing
explosive vapors and
other fire hazards. The
owner and operator
must also remove as
much product from the
UST system as
necessary to prevent any
further release; begin to
recover any free
(released) product; and
provide a report to the
implementing agency
that includes a
description of the initial actions taken, an assessment
of the extent of contamination, and a plan on how
they will clean up the release.
Based on data collected during the initial site
characterization, the implementing agency will
decide whether further action is warranted. Some
leaks and spills will require additional long-term
attention to correct the problem. In these cases, the
implementing agency will request a corrective action
plan from the owner and operator that describes how
they will clean up contaminated soil and ground
water. The implementing agency will then evaluate
the plan to determine if it will adequately protect
human health and the environment, taking into
account such factors as the type of substance
released, potential impacts on drinking water, and
other site-specific concerns. Once the corrective
action plan is approved, the owner and operator must
implement the plan and report the results of the
cleanup to the implementing agency.
One methodology that helps implementing
agencies address UST sites requiring corrective
action is risk-based decision-making (RBDM).
EPA encourages states to
incorporate RBDM into
the implementation of
their corrective action
programs. RBDM is a
process that uses risk and
exposure assessment
concepts to help UST
implementing agencies
establish enforcement
priorities. Because of the
vast number of leaking
USTs and the limited
financial and human
resources available to
implement corrective
action at these sites,
RBDM is an important
tool in expediting
assessments and cleanups
at contaminated sites. It is
also used to tailor the
cleanup response to the
level of risk posed by a
particular site. For
example, implementing agencies may use RBDM to
categorize or classify sites, to aid in establishing
cleanup goals, and to decide on the necessary level
of oversight.
Closure
If an UST is taken out of service for any period
of time, the owner and operator must close the UST
system according to certain procedures in order to
ensure adequate protection of human health and the
environment. Closure can be done on either a
temporary or permanent basis.
IV-10
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Section IV: Managing Underground Storage Tanks — RCRA Subtitle I
Temporary Closure
If the owner and operator plan to bring the tank
system back into service at a later date (within a year
or other time period approved by the implementing
agency), they may close the tank temporarily.
Temporary closure requires the owner and operator
to continue to operate and maintain the corrosion
protection system and, if any product remains in the
tank, to maintain the leak detection system. During
temporary closure, the tank remains subject to
release response and corrective action requirements.
If the owner and operator take the UST out of
service for longer than three months, they must leave
the vent lines open and functioning, and cap and
secure all other lines attached to the tank. Provided
no extension has been granted by the implementing
agency, after 12 months in temporary closure, an
UST system must be permanently closed in
accordance with §§280.71 through 280.74.
Permanent Closure
If the owner and operator decide to permanently
discontinue using the tank altogether, they must
permanently close the UST system. Permanent
closure involves a number of steps designed to
ensure that the tank will pose no threats to human
health or the environment after it is closed. These
steps include notifying the implementing agency of
the intent to close the tank, assessing the tank and
surrounding area to determine if any releases have
occurred, initiating corrective action to clean up any
such releases, removing all liquids and accumulated
sludges from the tank, and either removing the tank
from the ground or filling it with an inert solid
material, such as concrete or sand (if state and local
regulations allow it).
Changes In Service
In some cases, an owner and operator may
decide to use a formerly regulated UST system to
store a nonregulated substance. This is considered a
change in service. Before making this change, the
owner and operator must notify the implementing
agency, empty and clean the tank, conduct a site
assessment to determine if a release has occurred,
and initiate corrective action if appropriate.
For both tank closures and changes in service,
the owner and operator must maintain results of the
site assessment for at least three years, or mail the
results to the implementing agency.
Financial Responsibility
When Congress amended RCRA Subtitle I in
1986, it recognized that UST corrective action could
be very expensive, and as a result, some UST
owners and operators might not be able to pay for
such cleanups. Similarly, Congress discovered that
releases from USTs had the potential both to inflict
severe damage on neighboring property and threaten
human health. In response to these concerns,
Congress directed EPA to establish UST financial
responsibility requirements to ensure that owners
and operators would have the financial resources to
pay for any necessary corrective action, as well as
compensate third parties for bodily injury and
property damage (known as third-party damages)
resulting from leaking USTs.
The UST financial responsibility regulations
apply only to petroleum UST owners and operators.
State and federally owned and operated USTs are
exempt from these requirements because it is
assumed that such entities already have the financial
resources to pay for corrective action and liability
expenses.
The UST financial responsibility requirements
require coverage in both per occurrence and annual
aggregate amounts.
Per Occurrence Coverage
Per occurrence means the amount of money
that must be available to pay for the costs from one
leak. These requirements are based on whether a
facility markets (i.e., sells) petroleum to the public
and the volume of petroleum handled at a facility.
All petroleum marketers, and facilities that handle an
average of 10,000 gallons of petroleum per month,
are required to demonstrate at least $ 1 million in per
occurrence coverage. Petroleum nonmarketers are
required to demonstrate at least $500,000 in per
occurrence coverage (see Figure IV-4). For
example, owners and operators of gas stations,
which are considered marketers because they sell
petroleum to the public, would need to demonstrate
IV-11
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Section IV: Managing Underground Storage Tanks - RCRA Subtitle I
$1 million in per occurrence coverage for their
USTs. On the other hand, owners and operators of
USTs used to fuel vehicles that are rented to the
public, which are considered nonmarketers, would
need to demonstrate $500,000 in per occurrence
coverage if their average monthly throughput was
less than 10,000 gallons.
Figure IV-4: Per Occurrence
Coverage
\ UST owner and operator g
<«-^
1 Petroleum •
[ marketer [
1
$1 million |
per occurrence!
^^
^^^*
Petroleum •
Nonmarketer •
Monthly average •
throughput of 10,000 I
gallons or less 1
;
$500,000 ||
par occurrence •
X
Monthly average •
throughput of over I
10,000 gallons I
1
$1 million per •
occurrence •
Annual Aggregate Coverage
Annual aggregate is the total amount of
financial responsibility coverage required to pay for
the costs of all leaks that might occur in one year.
These requirements are based on the number of
Figure IV-5: Annual Aggregate Coverage
$1 million
annual aggregate
$2 million
annual aggregate
USTs owned and operated at all locations. Owners
and operators of over 100 USTs are required to
demonstrate at least $2 million in annual aggregate
coverage. Owners and operators of 100 or less tanks
are required to demonstrate at least $1 million in
annual aggregate coverage (see Figure IV-5).
Mechanisms
Financial responsibility mechanisms are the
different ways an UST owner and operator can show
that funds are available to pay for corrective action
and liability requirements. An owner and operator
must demonstrate financial responsibility through
one or more of the following mechanisms!
• State assurance funds — Most states have
established programs that can help pay for
cleanup and third-party liability costs resulting
from leaking USTs. Generally, the state
assurance funds are funded by gasoline taxes,
tank fees, or a combination of both. The terms
and conditions of the state assurance funds vary
greatly, and participation can either be
mandatory or voluntary. Participating UST
owners and operators, in good standing with
their state assurance fund, can use that fund to
demonstrate financial responsibility.
• Financial test of self-insurance — Some
companies are of such size and financial strength
that they have the assets to absorb the costs
incurred by UST corrective action and liability.
As a result, such owners and operators can
demonstrate their financial strength by using the
financial test of self-insurance to satisfy the
UST financial responsibility requirements.
• Corporate guarantee — While not all companies
will be able to meet the financial test
requirements, they may be owned by a company
(either corporate parent or grandparent), may
have a sibling company, or may have a
"substantial business relationship" with another
company that has the financial standing and
ability to meet the financial test requirements.
In these cases, an UST owner and operator may
arrange to have their corporate parent, corporate
grandparent, sibling corporation, or fitm with a
substantial business relationship meetthe UST
IV-12
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Section IV: Managing Underground Storage Tanks - RCRA Subtitle I
financial responsibility requirements on their
behalf and provide them with a corporate
guarantee.
• Insurance or risk retention group coverage — An
UST owner and operator can take out an
insurance policy to cover the corrective action
and liability coverage requirements. Owner and
operators can also use risk retention groups,
which are entities formed by businesses or
individuals with similar risks to provide
insurance coverage for those risks.
Surety bond — A surety bond is a guarantee by
a surety company that it will meet the
obligations of the UST owner and operator in
the event of a failure to satisfy corrective action
or liability requirements. If the owner and
operator fails to pay the costs specified in a
bond, the surety company is liable for the costs,
but the owner and operator must then repay the
surety company. The owner and operator must
also establish a standby trust fund into which
any payments made by the surety company will
be deposited. EPA or the states then use this
trust fund to cover the respective costs.
• Letter of credit—A letter of credit, issued by a
financial institution (such as a bank), is a
contract between the UST owner and operator,
the issuer, and the implementing agency. Under
the terms of this agreement, if the UST owner
and operator fails to pay for corrective action or
liability, the implementing agency will direct the
issuer to deposit such payments into a standby
trust fund.
Trust fund — Under a trust fund, aggregate
funds for UST corrective action and liability are
held and administered by an impartial third party
(usually a bank). By placing such money in an
independent fund, the funds will not be
commingled with the owner's and operator's
other assets, and will always be available on the
event that a release occurs, or a claim is made.
These financial responsibility mechanisms were
developed to meet the needs of the private sector.
Many local government UST owners and operators
had difficulty demonstrating compliance with these
mechanisms because of slight differences in their
financial management and accounting practices. As
a result, EPA promulgated four additional options
that local governments could choose to demonstrate
UST financial responsibility. These mechanisms
are:
• Bond rating test
• Financial test
• Guarantee
• Dedicated fund.
While the bond rating and financial tests are
modeled after the UST financial test of self-
insurance, the guarantee is similar to the corporate
guarantee, and the dedicated fund is similar to the
trust fund, these mechanisms were all tailored to
meet the special needs of local governments.
LENDER LIABILITY
Many UST owners and operators must secure
loans from financial and other institutions to comply
with environmental regulations, such as UST
upgrading and maintenance requirements. These
owners and operators often use the property on
which the UST is located as collateral in order to
secure the loan. Financial institutions have
historically been reluctant to extend loans to UST
owners and operators for fear of later incurring UST
cleanup liability. For example, if a bank held
property as collateral for a service station that later
became bankrupt, the lender would take possession
of the property, becoming the owner of the property
and the tanks on it. Financial institutions feared that
they would then be subject to the UST regulations,
including financial responsibility for corrective
action and third-party liability. Until recently, this
potential for lending institutions to be held liable for
releases from USTs, known as lender liability,
greatly hampered the ability of UST owners and
operators to secure the capital necessary to make
tank improvements, upgrade the UST, or comply
with other requirements.
EPA published the lender liability regulations in
1995. The rule provides lenders with an exemption
from all federal UST regulatory requirements
provided that the lender, or secured creditor, does
IV-13
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Section IV: Managing Underground Storage Tanks - RCRA Subtitle I
not participate in the management or operation of the
UST system. This means that the lender is exempt
from corrective action requirements and liability for
cleanup costs of contaminated property, both prior to
and after foreclosure, as long as the lender does not
engage in petroleum production, refining, or
marketing, does not manage or operate the UST, and
does not store petroleum in the UST after
foreclosure.
;f 5 HOW DO STATE UST PROGRAMS OPERATE?
Because state programs operate in lieu of the federal
•"•program, owners and operators in states that have an
approved UST program do not have to comply with two
¥ets of statutes and regulations. Once their programs
- are approved, states have the lead role in UST
program enforcement; therefore, owners and operators
meed only comply withjheir state regulations to be in
"ffil compliance with all requirements.
STATE UNDERGROUND STORAGE
TANK PROGRAMS
States play a central role in the administration of
the UST program. Because of the size and diversity
of the UST regulated community, states and local
governments are in the best position to oversee the
regulation of USTs. Congress intended for states to
take over the day-to-day administration of the UST
program from the federal government; therefore,
RCRA Subtitle I allows EPA to approve state UST
programs to operate in lieu of the federal UST
program provided they are at least as stringent as the
federal program and ensure adequate enforcement.
In order to be approved, a state program must
meet three requirements. First, the state program
must set standards for eight performance criteria that
are no less stringent than federal standards. These
include the standards for:
• New UST system design
• General operating requirements
• Release detection
• Upgrading
• Release reporting
• Corrective action
• Financial responsibility
• Closure.
Second, the program must contain provisions
that ensure adequate enforcement of the UST
regulations. This means that the state must have
adequate legal authority to implement and enforce
the regulations, including the authority to inspect
records and sites, require monitoring and testing, and
assess penalties. In some cases, states will have to
enact additional laws in order to have adequate
authority. The state program must also include
opportunities for public participation in the state
enforcement process.
Finally, the state program must regulate at least
the same universe of USTs covered by the, federal
program, although many states may choosp to
implement programs that are broader in scope than
the federal program. For example, a state may
regulate all heating oil tanks, even though ;the federal
UST program excludes tanks used for storing
heating oil for consumptive use on the premises
where stored. In such cases, EPA does not review or
approve the portion of the program that is broader in
scope than the federal program. EPA can, however,
approve requirements that are more stringent than
the federal program. For example, a state may
receive approval from EPA to implement release
detection requirements that are more stringent than
those contained in the federal regulations.
Because state programs operate in lieu of the
federal program, owners and operators in states that
have an approved UST program do not have to
comply with two sets of statutes and regulations.
Once their programs are approved, states have the
lead role in UST program enforcement; therefore,
owners and operators need only comply with their
state regulations to be in full compliance with all
requirements.
INSPECTIONS AND
ENFORCEMENT
RCRA Subtitle I provides authority for federal
and state personnel to request pertinent information
from tank owners and operators; inspect and sample
tanks; monitor and test tanks and surrounding soils,
air, surface water, and ground water; respond to
IV-14
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Section IV: Managing Underground Storage Tanks - RCRA Subtitle)
violations of tank standards through civil or
administrative actions; and seek injunctive relief
when human health or the environment are
endangered.
EPA may issue compliance orders for any
violation of the Statute or regulations. A violator
who fails to comply with the order may be subject to
a civil penalty of up to $27,500 per tank per day of
noncompliance. In addition, any owner and operator
who knowingly fails to notify or submits false
information may be subject to civil penalties of up to
$11,000 for each tank for which notification is not
given or false information is submitted.
Furthermore, any owner and operator who fails to
comply with any regulatory requirement under
Subtitle I, may be subject to civil penalties of up to
$11,000 per tank, for each day of violation.
Criminal penalties are not authorized under Subtitle
I.
At all levels of government, regulatory agencies
are granted some discretion in determining when to
impose penalties. In the UST program, inspectors
•often issue a notice of violation or a warning letter to
first-time violators when a facility is inspected,
provided that the violations are not egregious. These
informal enforcement actions are less resource-
intensive for the states and are usually effective in
promoting compliance. States and EPA generally
reserve their strongest enforcement tools' for use on
facilities whose owners and operators have not been
responsive to informal enforcement actions, facilities
whose violations pose'significant threats to human
health and the environment, or facilities who have a
history of noncompliance. Federal enforcement
authorities include the use of field citations and
administrative or judicial (or both) enforcement
actions.
" LEAKING UNDERGROUND STORAGE TANK
TRUST FUND
the LUST Trust Fund provides money to states to
^oversee corrective action by a responsible party and to
fcfean up sites where the owner and operator is
tonknown, unwilling, or unable to respond,, or which
nisquire emergency action. -
UST inspectors issue field citations at the time
they identify violations. Field citations are not
issued for serious violations. They are issued in
cases where the violation is a first-time violation and
is clear-cut, easily verifiable, and easily correctable.
A field citation couples a fine with a requirement to
correct the violation within 30 days. If a facility
does not address the violation within 30 days,
however, follow-up enforcement actions can assess
additional penalties.
Apart from inspections, outreach and education
are among of the most commonly used ways to
familiarize UST owners and operators with the UST
regulations and promote compliance. EPA and states
produce and distribute a wide variety of
informational materials, including booklets, leaflets,
videos, and slide shows, designed to assist owners
and operators in complying with the UST
requirements. EPA and states also conduct seminars
and workshops and use inspections as opportunities
to explain the requirements and offer assistance. In
addition, EPA works closely with trade associations
representing tank owners and operators to provide
compliance assistance information to their members.
LEAKING UNDERGROUND
STORAGE TANK TRUST FUND
As part of SARA, Congress also created the
Leaking Underground Storage Tank Trust Fund.
The LUST Trust Fund has two purposes. First, it
provides money for overseeing corrective action
taken by a responsible party, usually a contractor
hired by an owner and operator of the leaking UST.
Second, the LUST Trust Fund provides money for
cleanups at UST sites where the owner and operator
is unknown, unwilling or unable to respond, or
which require emergency action.
The LUST Trust Fund is financed through a user
tax on motor fuel sold in the United States. The
taxing authority ends March 31,2005 (see Tax
Payer's Relief Act of 1997, and Section 1033 of
H.R. 20410). As of September 2001, about $2.6
billion had been collected, $945 million of which
has been given to EPA. About $794 million has
been dispersed to state programs for state officials to
use for administration, oversight, and cleanup work.
IV-15
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Section IV: Managing Underground Storage Tanks - RCRA Subtitle I
The remaining LUST Trust Fund money has been
used by EPA for negotiating and overseeing
cooperative agreements, implementing programs on
Native American lands, and technical assistance and
training for EPA Regional and state offices.
To receive money from the LUST Trust Fund,
states enter into a cooperative agreement with the
federal government to spend the money for its
intended purpose. Every state has a cooperative
agreement with EPA. LUST Trust Fund money is
divided among EPA Regional Offices based on a
formula that uses state data. In fiscal year 2002,
each state received a base allocation with additional
funds for states and territories with approved state
programs, plus additional money depending on the
following: the number of confirmed releases in the
state; the number of notified petroleum tanks; the
number of residents relying on ground water for
drinking water; and the number of cleanups initiated
and completed as a percentage of total confirmed
releases.
The LUST Trust Fund provides money to states
to oversee corrective action by a responsible party
and to clean up sites where the owner and operator is
unknown, unwilling, or unable to respond, or which
require emergency action.
USTFIELDS FOR ABANDONED
TANKS
USTfields are abandoned or underutilized
industrial and commercial properties where
redevelopment is complicated by real or perceived
environmental petroleum contamination from
federally-regulated USTs. Sites contaminated by a
substance other than petroleum, and sites
contaminated by petroleum as a result of releases
from non-federally registered USTs, are not covered
under the federal program, and are not considered
USTfields.
Under the USTfields Initiative, EPA developed
an USTfield Pilot program, in part to address high
priority petroleum releases from federally-regulated
underground storage tanks. Selected USTfields
pilots are large areas identified by state/local or EPA/
tribal partnerships containing two or more USTfields
properties in need of an assessment or cleanup
support. Each pilot is awarded up to $100,000 from
the LUST Trust Fund. Site managers can use the
funding for the following activities: to assess the site
for the existence of chemicals of concern ((e.g.,
MTBE), clean up petroleum contamination, monitor
soil and groundwater to evaluate whether chemicals
of concern have been removed, and maintain public/
community participation during the assessment and/
or cleanup activities of community sites. Award
money cannot be used for redevelopment;activities,
general education or job training activities, lobbying
efforts, matching any other federal funds without
specific statutory authority, or paying any-
outstanding fines or penalties. The new Brownfields
legislation, Small Busniess Liability Relief and
Brownfields Revitalization Act, PL 107-118, will
give communities across the country the tools they
need to reclaim and restore thousands of petroleum-
contaminated Brownfields sites.
SUMMARY
Across the United States, a wide range of
persons, from large and small businesses to private
entities, store regulated substances (petroleum and
CERCLA hazardous substances) in USTs. An UST
is defined as a tank and any underground piping-
connected to that tank that has at least 10. percent of
its combined volume underground.
Not all tanks storing regulated substances are
subject to the UST regulations, as some tanks are
specifically exempted from the regulations due to
their regulation under other laws.
In an effort to protect human health and the
environment from releases from regulated USTs,
EPA promulgated technical performance standards
designed to ensure safe design, operation,
maintenance, and closure. These standards, codified
in 40 CFR Part 280, encompass provisions for UST:
• Design, construction, and installation
• Operation i
Release detection
Release reporting, investigation, and
confirmation
• Corrective action
IV-16
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Section IV: Managing Underground Storage Tanks- RCRA Subtitle:
• Closure
• Financial responsibility.
When the UST regulatory program came into
existence, there were over two million tanks already
in the ground. To accommodate these USTs, EPA
built flexibility into the regulatory program to allow
such tanks to upgrade during a phase-in period. As
of December 22, 1998, such existing tanks must
either meet the performance standards for new tanks,
meet the upgrading requirements for existing tanks,
or be taken out of service.
The UST technical requirements may be
expensive to comply with. As a result, many owners
and operators secure loans from private lending
institutions. However, if owners and operators
default on such loans, banks may foreclose on
property containing such USTs. By default, the bank
may become responsible and liable for compliance
with the federal UST requirements, including the
cleanup of all releases. In order to shield lending
institutions from such requirements, and remove the
disincentive for issuing such loans in the first place,
EPA promulgated a lender liability provision to
exempt lending institutions from the UST
requirements provided they do not manage or
operate the UST.
The UST program also includes state program
approval provisions that are designed to help
facilitate the delegation of UST program
implementation to the states. This provides states
the authority to ensure proper compliance with the
federal standards, and allows states with approved
programs to have primary enforcement
responsibility. In order for a state to receive
approval, its program must be no less stringent than
the federal program, cover the same universe of
tanks covered by the federal program, and provide
for adequate enforcement of the state UST program.
The UST program also includes provisions regarding
inspections and enforcement.
Finally, the UST program includes a LUST
Trust Fund. Under the LUST Trust Fund, EPA
disperses money to states that have cooperative
agreements with the Agency to provide money for
overseeing corrective action taken by a responsible
party and to provide money for cleanups at UST
sites where the owner and operator is unknown,
unwilling or unable to respond, or which require
emergency action.
ADDITIONAL RESOURCES
Additional information about the topics covered in
this chapter can be found at www.epa.gov/oust.
IV-17
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SECTION V
MISCELLANEOUS STATUTORY REQUIREMENTS
In this section...
Overview .-. V-1
Chapter 1: Federal Procurement
Requirements V-3
Chapter 2: Medical Waste Regulations V-9
OVERVIEW
All RCRA provisions do not fit neatly into the
solid waste, hazardous waste, and UST regulatory
frameworks. The Statute established additional
miscellaneous provisions to further the goals of the
waste management program, and to address
materials that were not covered by Subtitles C, D,
or I.
The first set of these miscellaneous statutory
provisions focuses on promoting recycling and
developing a market for products with recycled
content: the federal procurement requirements.
The second set of miscellaneous statutory
provisions focuses on certain materials that were not
covered by Subtitles C, D, or I: namely, medical
wastes. These requirements imposed a tracking
system to ensure the safe and protective
management of potentially harmful wastes.
This section consists of two chapters:
• Federal Procurement Requirements — To
promote recycling, encourage the development
of recycling technologies, and develop the
market for products with recycled content,
RCRA contains specific federal procurement
requirements.
• Medical Waste Regulations — To ensure the
tracking and safe management of medical waste,
RCRA established a medical waste
demonstration program.
Both of these aspects of the RCRA program are
carefully detailed in separate chapters in this section.
V-1
-------
-------
CHAPTER 1
FEDERAL PROCUREMENT REQUIREMENTS
In this chapter...
^Overview , V-3
Promotion of Recycling . -. V-3
Federal Procurement Requirements V-4
, -- Comprehensive Procurement Guidelines , V-4
*- Recovered Materials Advisory Notice ,.,. V-5
•- Procurement Program .~.......,..]....."7.,.tl........ V-5
- Compliance , ,... V-7
Summary , , „., V-7
Additional Resources V-8
OVERVIEW
The purpose of RCRA is not merely to control
waste generation, waste management, or waste
disposal. The title of the Act itself clearly reveals a
major focus and intent of the regulatory program —
resource conservation and recovery. As discussed in
Section I, a major goal of RCRA is energy and
natural resource conservation through reducing the
depletion of our natural resources and to protect
those resources from hazardous constituents.
Another major goal of RCRA is resource recovery
through extracting usable resources from materials
that are unintentionally created (i.e., wastes).
Resource recovery or recycling requires
separating and correcting wastes for their subsequent
transformation or remanufacture into usable
products and materials. Resource recovery is a
major component of the RCRA program because it
diverts large amounts of solid waste from landfills
and incinerators, conserves space in landfills,
recovers the precious raw materials that are often
found in solid waste, and preserves natural resources
that would otherwise be used to produce virgin
products and materials.
To further this waste management approach,
RCRA established specific provisions to promote
the development of recycling capabilities and
technologies, and develop a market for recyclable
materials. As a result, the Statute contains
provisions for technology and market development
activities, as well as federal procurement
requirements intended to bolster the demand for
products containing recycled materials.
PROMOTION OF RECYCLING
When the Statute was enacted, the waste
management and recycling industries were unable to
maintain and promote substantial resource
conservation and recovery of a wide range of
materials. While specific industries, such as metals
and glass recycling, were mature and developed,
recycling of other commodities, such as old
newspapers was not as advanced. While recycling
was a major component of the regulatory program,
there was neither the technology to recycle nor a
market in which to sell and purchase such
commodities. Without a market to sell or a demand
to purchase recycled products, there was no
incentive to perform recycling activities in the first
place.
V-3
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Section V: Miscellaneous Statutory Requirements
Congress recognized this opportunity within the
recycling industry and sought ways to promote both
recycling activities and market development. As a
result, RCRA includes provisions requiring EPA to
take steps to identify markets for recovered
materials, identify economic and technical barriers
to the use of recovered materials, encourage the
development of new uses for recovered materials,
and promote recycling technologies. In addition,
RCRA requires the National Institutes of Standards
and Technology to develop specifications for
recycled materials to facilitate their reuse in
replacing virgin materials in various industrial and
commercial products.
FEDERAL PROCUREMENT
REQUIREMENTS
Realizing that recycling is not only the
collection of materials for remanufacture, but also
the purchase of products with recovered content by
consumers, Congress sought ways to stimulate
market demand for recycled materials. Congress
realized that the purchasing power of the federal
government, if focused on procuring materials with
recovered content, could create a significant demand
for recycled materials thus stimulating the market.
Increased demand by the federal government for
products with recovered content would boost
manufacturing of such items and encourage the
private sector to purchase such goods as well. As a
result, RCRA §6002 established the federal
government's buy-recycled program, formally
referred to as the federal procurement program.
The federal procurement program sets
minimum recovered materials content standards
for certain designated items and requires procuring
agencies to purchase those items composed of the
highest percentage of recovered materials
practicable. Minimum content standards specify the
minimum amount of recovered materials that
designated items should contain.
Procuring agencies are defined as:
• Federal government departments or agencies
• State government agencies that use appropriated
federal funds for procurement of a designated
item
• Local government agencies that use appropriated
federal funds for procurement of a designated
item
• Government contractors that work on a proj ect
funded by appropriated federal funds, with
respect to work performed under the Contract.
Only procuring agencies that purchase $ 10,000
or more worth of a designated item during the
course of their fiscal year, or that purchased at least
$10,000 worth of a procurement item during the
preceding fiscal year, are subject to these:
procurement requirements.
The Statute requires EPA to identify products
that are or can be made from recovered njaterials,
and to make recommendations concerning the
procurement of items containing recovered
materials. Procuring agencies can use these
guidelines to meet these statutory requirements.
H Comprehensive Procurement
Guidelines
EPA designates items in a Comprehensive
Procurement Guideline (CPG), which is updated
annually. Currently, there are 54 items designated
within 8 product categories (see Figure V-l). These
product categories are:
• Paper and Paper
Products
Vehicular Products
• Construction
Products
• Transportation
Products
• Park and Recreation Products
• Landscaping Products
V-4
-------
Chapter 1: Federal Procurement Requirements
Nonpaper Office Products
Miscellaneous Products.
Figure V-1: Designated Procurement Items
Paper and Paper Products
- Printing and Writing Papers
- Bristols
- Newsprint
- Commercial/Industrial Sanitary Tissue Products
- Miscellaneous Paper Products
Vehicular Products
- Engine Coolants
- Rerefined Lubricating Oils
- Retread Tires
- Rebuilt vehicular parts*
- Tires*
Construction Products
- Building Insulation Products
- Polyester Carpet
- Carpet Cushion
- Cement and Concrete Containing Coal Fly Ash and Ground Granulated Blast
Furnace Slag
- Consolidated and Reprocessed Latex Paint
- Flowable Fill
- Floor Tiles and Patio Blocks
- Railroad Grade Crossing Surfaces
- Shower and Restroom Dividers and Partitions
- Structural Fiberboard and Laminated Paperboard
- Cement and Concrete Containing Cenospheres*
- Cement and Concrete Containing Silica Fume*
- Nylon Carpet and Nylon Carpet Backing*
- Modular Threshold Ramps*
- Non-pressure Pipe*
- Roofing Materials*
Transportation Products
- Channelizers
- Delineators
- Flexible Delineators
- Parking Stops
- Temporary Traffic Control Devices
Parks and Recreation Products
- Park Benches and Picnic Tables
- Plastic Fencing
- Playground Equipment
- Playground Surfaces
- Running Tracks
Landscaping Products
- Food Waste Compost
- Garden and Soaker Hoses
- Hydraulic Mulch
- Lawn and Garden Edging
- Plastic Lumber Landscaping Timbers and Pots
- Yard Trimmings Compost
Non-paper Office Products
- Binders
- Office Recycling Containers
- Office Waste Receptacles
- Plastic Clipboards
- Plastic Clip Portfolios
- Plastic Desktop Accessories
- Plastic Envelopes
- Plastic File Folders
- Plastic Presentation Folders
- Plastic Trash Bags
- Printer Ribbons
-Solid Plastic Binders
- Toner Cartridges
- Office furniture*
Miscellaneous Products
- Awards and Plaques
- Industrial Drums
- Manual-grade Strapping
-Mats
- Pallets
- Signage, including Sign Supports and Posts
- Sorbents
- Bike racks*
- Blasting grit*
* On August 28, 200?, EPA published a proposed update to the CPG. The 11
proposed Items, which were not finalized at the time of publication, are
designated with an asterisk.
• Recovered Materials Advisory Notice
For each item designated in the CPG, EPA also
publishes a corresponding recovered content level
(see Figure V-2). These recovered material levels
are published in a Recovered Materials Advisory
Notice (RMAN). Procuring agencies can use these
levels as guidelines, but are encouraged to exceed
EPA's recommendations. EPA also provides
information on specifications for purchasing a
particular item and other pertinent purchasing
information.
• Procurement Program
If an agency meets the definition of a procuring
agency and is purchasing a certain dollar amount of
a designated item, that agency is required to
purchase items with recovered content to the
maximum extent possible. Within one year after
EPA designates an item, procuring agencies must
revise their product specifications to require the use
of recovered materials and to eliminate
administrative barriers to the use of materials with
recovered content, such as removing purchasing
provisions that prohibit the use of recovered
materials or require the exclusive use of virgin
materials.
' Executive Orders and
-the Federal Procurement Program
RCRA established the federal procurement
" program'; EPA was required to follow the formal
rutemaking process In order to designate an item and
. establish minimum content levels. Because of the
;;Jength of this rulemaking process, from 1980 to 1993,
" EPA had only designated five items. Executive Order
- 128737signed in 1993, requires EPA to change the -
*"process~to allow more items to be designated faster.
This^change lead to the CPG and RMAN.
-~ Executive Order 13101, signed in 1998, supersedes
Executive prder 12873. This Order retains the
provisions,of Executive Order 12873 and more clearly
"defined the roles of the oversight agency, namely the
'Office of the Federal Environmental Executive.
V-5
-------
Section V: Miscellaneous Statutory Requirements
Figure V-2: Sample Recovered Materials Advisory Notice Content Level Specification
Postconsumer materials are materials
or finished products that have served
their intended uses and have been
discarded for disposal or recovery,
having completed their lives as
consumer items. For example, EPA
recommends that 60-100%, of the 90-
100% recovered plastic that EPA
recommends for plastic fencing, should
originate from the recycling of
postconsumer plastic.
Total recovered materials content
refers to the total percentage of ,
recovered materials that EPA
recommends for a designated item.
For example, EPA recommends that
procuring agencies purchase plastic
fencing that contains 90-100%
recovered plastic.
Recommended Recovered Materials Content Levels
for Fencing Containing Recovered Plastic
Postconsumer
content (%)
Plastic 60-100
Total
recovered
materials
content (%)
90-100
EPA's recommendation does not preclude a procuring agency from purchasing fencing that is manufactured
from another material, such as wood. The procurement guidelines simply require that a procuring agency,
when purchasing plastic fencing, purchase this item made with recovered materials to the extent possible.
Not all procuring agencies will be able to
purchase the designated items with recovered
content. In some instances, such agencies will need
to purchase items that do not contain the minimum
recovered content. The Statute provides, however,
that procuring agencies need not purchase
designated items if the designated items will not be
available within a reasonable period of time, will not
meet the agency's reasonable performance
standards, or will not be available at a reasonable
price. EPA, however, encourages such agencies to
purchase designated items with recovered content to
the extent practicable.
Each procuring agency must develop an
affirmative procurement program for each
designated item, setting forth the agency's policies
and procedures for implementing the requirements.
The affirmative procurement program consists
of four parts:
• Preference program
Promotion program
• Estimation, certification, and verification
program
• Monitoring and review program. ;
Preference Program
The preference program is a means by which an
agency can show its preference for products made
with recovered materials. It may consist of
established minimum content standards, a case-by-
case approach when the minimum content standard
is inappropriate, or an equivalent alternative.
Minimum content standards specify the minimum
amount of recovered materials that designated items
should contain. Agencies can adopt these standards
on an agency-wide basis for all procurement actions.
Case-by-case policy development allows the
V-6
-------
Chapter 1: Federal Procurement Requirements
procuring agency to establish a separate recovered
materials content requirement for a specific
procurement action, while still enabling the agency
to procure other designated products with the highest
amount of recovered materials practicable. The
procuring agency can also choose an alternative that
is equivalent to either of these options, such as
contracting for recycling of spent engine coolant.
Promotion Program
Through the promotion program, the agency
must actively promote its desire to buy recycled
products, both internally within the agency and
externally to product vendors. Internal promotion
usually is a broad-based employee education
program that affirms an agency's procurement
policy through advertising, workshops, agency
newsletters, and technical and staff manuals.
Examples of external promotion include publishing
articles in trade journals, participating in vendor
shows or trade fairs, placing statements in bid
solicitations, and discussing an agency's
procurement policy at bidders' conferences.
Estimation, Certification, and Verification
Program
The estimation, certification, and verification
program establishes procedures for obtaining
estimates and certifications, and where appropriate,
reasonably verifying the amount of recovered
materials content utilized in the performance of a
contract.
Monitoring and Review Program
The monitoring and review program requires
agencies to monitor affirmative procurement
programs to ensure that they are fulfilling their
requirements to purchase items composed of
recovered materials.
• Compliance
Once EPA designates an item in the CPG, the
responsibility for complying with the procurement
program rests with the procuring agency. There are
no provisions in the Statute for federal enforcement
of the guidelines. On the other hand, RCRA §7002
citizen suit provisions allow citizens to sue in U.S.
District Court to seek relief against any person
alleged to be in violation of the requirements of the
Act, including the procurement requirements.
(Citizen suit provisions are fully discussed in
Section III, Chapter 10.)
SUMMARY
In order to further RCRA's resource,
conservation, and recovery goals, EPA established
provisions to promote recycling and market
development. RCRA created federal procurement
requirements to create a significant demand for
products with recovered content, boost
manufacturing of such products, and encourage the
private sector to purchase such goods as well.
The procurement requirements apply to
procuring agencies that purchase $10,000 or more
worth of a designated item during the course of their
fiscal year, or that purchased at least $10,000 worth
of a procurement item during the preceding fiscal
year.
Procuring agencies are defined as:
• Federal government departments or agencies
• State government agencies that use appropriated
federal funds for procurement of a designated
item
• Local government agencies that use
appropriated federal funds for procurement of a
designated item
Government contractors that work on a project
funded by appropriated federal funds, with
respect to work performed under the contract.
The federal procurement program sets minimum
recovered materials content standards for certain
designated items and requires procuring agencies to
purchase those items composed of the highest
percentage of recovered materials practicable. EPA
designates these items in the CPG and specifies
minimum recovered content levels in an RMAN.
V-7
-------
Section V: Miscellaneous Statutory Requirements
Each procuring agency must develop an
affirmative procurement program for each
designated item, setting forth the agency's policies
and procedures for implementing the requirements.
This program consists of four parts:
• Preference program
• Promotion program
• Estimation, certification, and verification
program
• Monitoring and review program.
ADDITIONAL RESOURCES
Additional information about the topics covered
in this chapter can be found at www.epa.gov/cpg.
Further information about the Office of the
Environmental Executive can be found at
www.ofee.gov. :
V-8
-------
CHAPTER 2
MEDICAL WASTE REGULATIONS
r
//t fft/s chapter...
^Overview ........................ . .......................... .- ..... v-9
j|.Wriat is Medical Waste? „,....„,.. ...... „„ ..... . ....... V-9
;, Medical Waste vs. Hazardous Waste .............. V-10
jjjfhe Demonstration Program ............ ...... .......... V-10
Generators ........................ ,...„ .................. v.. v-10
^Transporters ............... ~ ......... , ......... . ............ , v-11
^Treatment, Destruction, and Disposal
Facilities... .......... ~~i.... ........ !..;" ............. .'.... V-11
^Interstate Shipments „ ....... ,.I ........... ,'..,.. ......... V-11
£HJr f~ » u. r - ,- - ."•••«"{",'*- " " * _' l
Reports to Congress ............... . ........................ V-12
CuFrenfRequirements ......... r,..*,,...!!..". ........... V-12
purnmary .............. .'.....!?..... ........ *. .............. . ...... V-12
Reso_urces ...„ ..................... , ............ V-13
OVERVIEW
During the summer of 1988, syringes and other
used medical materials washed up on beaches along
the Atlantic seaboard. In response to public concern
about this problem, Congress enacted the Medical
Waste Tracking Act in November 1988, which
added medical waste tracking provisions in RCRA
Subtitle J. The Medical Waste Tracking Act
directed EPA to establish a two-year demonstration
program for the tracking and management of
medical waste. Under this statutory authority, EPA
codified regulations in 40 CFR Part 259 identifying
the medical wastes to be tracked and creating
management standards for handlers of medical
waste. The States of Connecticut, New Jersey, New
York, Rhode Island, and the Commonwealth of
Puerto Rico all participated in the two-year tracking
program. For purposes of this program, they were
known as covered states. This demonstration
program began June 22, 1989, and ended June 22,
1991. Currently, the program is expired and no
federal medical waste tracking and management
regulations are in effect. As a result, the provisions
in Part 259 have been removed from the CFR.
States, however, have become active in managing
medical waste and a majority have developed
programs similar to the federal model. This chapter
will discuss what was considered medical waste
under the two-year demonstration program.
WHAT WAS MEDICAL WASTE?
Medical waste included:
• Cultures and stocks of infectious agents
• Human pathological wastes (e.g., tissues, body
parts)
• Human blood and blood products
• Used sharps (e.g., hypodermic needles and
syringes used in animal or human patient care)
• Certain animal wastes
• Certain isolation wastes (e.g., wastes from
patients with highly communicable diseases)
• Unused sharps (e.g., suture needles, scalpel
blades, hypodermic needles).
V-9
-------
Section V: Miscellaneous Statutory Requirements
For purposes of the demonstration program, the
definition of medical waste excluded household
waste. In addition, residues from treatment and
destruction processes, or from the incineration of
regulated medical wastes, were not considered
medical waste, nor were human remains intended to
be buried or cremated. Etiologic agents (i.e.,
infectious substances) being shipped pursuant to
other federal regulations, and samples of medical
waste that were shipped for enforcement purposes
were exempt from the 40 CFR Part 259
requirements.
MEDICAL WASTE VS.
HAZARDOUS WASTE
Because medical wastes met the RCRA
regulatory definition of solid waste, these wastes
were also subject to the Subtitle C hazardous waste
characterization. In other words, once a facility
identified a waste as a medical waste, it then had to
determine if this waste was also listed or
characteristic. (The hazardous waste identification
process is fully discussed in Section III, Chapter 1.)
If medical waste was a hazardous waste, it was
subject to the Subtitle C hazardous waste
requirements. When the Subtitle J medical waste
tracking standards were hi place, such hazardous
medical wastes were excluded from the tracking
requirements and were subject to those requirements
in RCRA Subtitle C (see Figure V-3).
THE DEMONSTRATION PROGRAM
The medical waste tracking demonstration
program set up provisions for tracking medical
waste from the generator to the disposal site, similar
to Subtitle C's hazardous waste manifest system.
The program was designed to ensure proper
handling, tracking, and disposal of medical waste.
The system required that a tracking form accompany
the waste and a signed copy be retained by the
generator, each transporter, transfer station, and the
treatment, destruction, and disposal facility that
handled the waste. When the final disposal facility
accepted the waste, a copy of the signed tracking
form was returned to the generator. Through this
process, the generator was assured that the waste
Figure V-3: Medical Waste vs. Hazardous Waste
Hazardous
waste that
was listed
but not a
medical
waste
Medical
waste that
was neittter
listed nor
characteristic
If medical waste was neither listed nor characteristic, it
was subject to regulation as medical waste under RCRA
Subtitle J. If medical waste was also listed or characteristic,
it was subject to regulation as hazardous waste under
RCRA Subtitle C.
was actually received for disposal. The tracking
program also included exception and discrepancy
reporting to alert EPA and the states if wastes were
not being handled properly. ;
To minimize contact with medical wastes by
workers, handlers, and the public, the program also
included specific requirements for segregation,
packaging, labeling, marking, and storing of medical
wastes before they were shipped to another site for
treatment, destruction, or disposal.
The demonstration program focused on three
groups of medical waste handlers:
• Generators
• Transporters
? Treatment, destruction, and disposal facilities.
• Generators
A medical waste generator was any person
whose act or processes produced medical waste or
caused medical waste to become subject to
regulation. These tracking provisions applied to
persons or facilities that generated 50 pounds or
more of medical waste in a month and shipped such
waste off site. These generators were required to
separate, package, label, mark, and track medical
wastes according to the regulations. Generators
V-10
-------
Chapter 2: Medical Waste Regulations
producing and shipping less than 50 pounds a month
were required to prepare their wastes properly for
shipment, but could use a log to account for wastes
instead of a tracking form.
With the exception of medical waste burned in
on-site incinerators, generators who disposed of
medical wastes on site or in a sewer system were not
covered by the requirements of this program.
Similarly, wastes that were treated and destroyed or
disposed of on site or in sewers were not counted as
part of the 50-pound monthly total. Generators
burning waste in on-site incinerators were required
to report the volume of waste burned. All medical
wastes, even those that were to be treated, destroyed,
and disposed of on site, were required to be stored
properly.
These provisions applied to medical wastes
generated by federal facilities in covered states.
These provisions also applied to ships and ocean
vessels that brought medical wastes to shore by
docking in a covered state.
• Transporters
A medical waste transporter was any person
engaged in the off-site transportation of medical
waste by air, rail, highway, or water. Transporters
were required to notify EPA of their intent to
comply with the tracking program before they could
accept medical waste for transport. Transporters
were required to follow rules governing the
transport, tracking, recordkeeping, and reporting of
waste shipments. They were also required to make
sure that the wastes they accepted for transport had
been properly prepared for shipping and that the
tracking form was accurate.
• Treatment, Destruction, and Disposal
Facilities
Treatment facilities were facilities that changed
the biological character or composition of medical
waste to substantially reduce or eliminate its
potential for causing disease. Destruction facilities
were facilities that destroyed medical waste by
mutilating it, or tearing it apart to render it less
infectious and unrecognizable as medical waste.
Once medical waste was properly treated and
destroyed, it no longer needed to be tracked. These
treatment and destruction facilities included
incinerators and treatment operations that ground,
steam-sterilized, or treated the waste with
disinfectants, heat, or radiation. Disposal facilities
were facilities where medical waste was placed in or
on the land (e.g., landfills).
The demonstration program did not regulate the
operation of these treatment, destruction, and
disposal processes, but rather required tracking from
generation to disposal and recordkeeping. When the
wastes were accepted for disposal, these facilities
had to send a signed copy of the tracking form back
to the generator or initiator of the tracking form.
The facility owners and operators were required to
investigate any discrepancies between the
accompanying papers and the shipments they
received. If after investigation there was still a
discrepancy, they were required to report to EPA
and the generator's state agency. Once treated and
destroyed, however, such wastes were no longer
subject to the tracking requirements.
INTERSTATE SHIPMENTS
While only the States of Connecticut, New
Jersey, New York, Rhode Island, and the
Commonwealth of Puerto Rico participated in the
tracking program, the medical waste tracking
provisions also applied when shipments originating
in these covered states were transported to states that
did not participate in the program.
According to the provisions of the tracking
program, if medical waste was generated in a
covered state, any subsequent handling by a
transporter or treatment, destruction, and disposal
i TOSJATES, NOT PARTICIPATING
f|WTH£DEMbNSTRATION PROGRAM
^_ jnljTtne" Commonwealth of Puerto Rico and the
^Sijtatesjpf Connecticut, New Jersey, New York, and
yiJpdeJsJgnd, participated in the tracking program, the
^medical waste tracking provisions also applied when
^^ments^orjgjnatfng in these covered states were
%tg states triat did" not participate in the
V-11
-------
Section V: Miscellaneous Statutory Requirements
facility in that state, another covered state, or a
noncovered state was subject to the tracking
provisions. For example, if a medical waste was
generated in New Jersey (a covered state) and
transported by truck to Pennsylvania (a noncovered
state) for treatment and disposal, the waste would
still be subject to the medical waste tracking
provisions since the waste was originally generated
in a covered state.
REPORTS TO CONGRESS
The Medical Waste Tracking Act also required
EPA to submit two interim reports and a final report
on medical waste management and the
demonstration program to Congress. The
information gathered during the demonstration
program was used to determine whether such a
program should be extended nationwide and what
other options are available for medical waste
management.
The first and
second interim
reports were
released in
1990; the final
report is still
under
development.
CURRENT REQUIREMENTS
While medical waste is not regulated under the
current federal RCRA regulations, there are federal
requirements for medical waste under CAA and
FIFRA.
In 1997, under CAA, EPA established new
source performance standards (NSPS) and emissions
guidelines to reduce air emissions from new and
existing hospital, infectious, and medical waste
incinerators. These guidelines also established
standards for incinerator operator training and
qualification, equipment inspections, and siting.
EPA estimates that there are approximately 2,400
such incinerators in operation in the United States
that combust medical and infectious waste annually.
Under FIFRA, antimicrobial pesticides and
disinfectants used in medical waste treatment
technologies must be registered with EPA.
SUMMARY
Congress enacted the Medical Waste Tracking
Act in November 1988, which added medical waste
tracking provisions to RCRA Subtitle J. The Act
directed EPA to establish a two-year demonstration
program for the tracking of medical waste. The
States of Connecticut, New Jersey, New York,
Rhode Island, and the Commonwealth of Puerto
Rico all participated in the tracking program. This
demonstration program began June 22,1989, and
ended June 22,1991. Currently, the program is
expired and no federal tracking regulations are in
effect. States, however, have become active in
managing medical waste and many have developed
programs similar to the federal model.
Medical wastes included:
• Cultures and stocks of infectious agents
• Human pathological wastes (e.g., tissues, body
parts)
• Human blood and blood products
• Used sharps (e.g., hypodermic needles and
syringes used in animal or human patient care)
• Certain animal wastes
• Certain isolation wastes (e.g., wastes from
patients with highly communicable diseases)
• Unused sharps (e.g., suture needles, scalpel
blades, hypodermic needles). \
The medical waste demonstration program set
up provisions for tracking the waste from the
generator to the disposal site, similar to Subtitle C's
hazardous waste manifest system.
The demonstration program focused :on three
groups of medical waste handlers:
Generators
• Transporters
• Treatment, destruction, and disposal facilities.
V-12
-------
The medical waste tracking provisions also
applied when shipments originating in states covered
by the program were transported to states that did
not participate in the program.
The Medical Waste Tracking Act also required
EPA to submit two interim reports and a final report
on medical waste management and the
demonstration program to Congress. The first and
second interim reports were released in 1990, the
final report is still under development.
While medical waste is not regulated under the
current federal RCRA regulations, there are federal
requirements for medical waste under CAA for
medical waste incinerators and under FIFRA for
Chapter 2: Medical Waste Regulations
pesticides and disinfectants used in medical waste
treatment technologies.
ADDITIONAL RESOURCES
Additional information about medial waste
regulations can be found at www.epa.gov/epaoswer/
other/medical/index.htm.
V-13
-------
-------
SECTION VI
RCRA AND ITS RELATIONSHIP TO OTHER
ENVIRONMENTAL STATUTES
EL An thi.s section.
we j"5.""V"" « Vl~',
|7 Chapter 1: Legislative Framework for
p.__ Addressing Hazardous Waste
*»>. i Problems , ,. vi-3
If Chapter 2: Superfund: The Hazardous
fr- Waste Cleanup Program VI-9
|AT _ „ J/ _— , _l.tL^M..wu_J
OVERVIEW
EPA's mission is to protect human health and
the environment. In order to further this mission,
Congress has enacted many environmental laws to
address releases, or threats of releases, of hazardous
constituents. An understanding of these laws is
necessary to determine where RCRA fits into the
national environmental protection program
established by Congress and implemented by EPA.
Each environmental statute has its own particular
focus, whether it is controlling the levels of
pollutants introduced into a single environmental
medium (i.e., air, soil, or water) or addressing a
specific area of concern, such as pesticides or waste
cleanup.
While the segmentation of environmental issues
simplifies the drafting of legislation, it complicates
the implementation of environmental protection
regulations. The media-, practice-, and chemical-
specific boundaries established in the nation's
environmental statutes are often artificial. Many
different types of practices may be responsible for
the release into the environment of the same
contaminant. Moreover, individual contaminants
are not confined to specific media (see Figure VI-1).
Volatile organic compounds, such as benzene or
toluene can be released into and contaminate the air,
soil, and water. Additionally, uncontrolled
pollutants may travel long distances by natural
means and change physically, affecting multiple
media. Therefore, a media- or contaminant-specific
approach cannot fully address the magnitude and
complexities of the waste management problem.
This section introduces each of these environmental
protection statutes and highlights their differences
from RCRA.
Many of these statutes interact closely and even
overlap with RCRA. In order to avoid
overregulation of industry and coordinate
environmental protection laws, Congress required
that EPA, when promulgating RCRA regulations,
ensure consistency with and avoid duplication of
regulatory provisions promulgated under other
environmental statutes.
One statute in particular, CERCLA or
Superfund, has a close-fitting relationship with
RCRA. Both programs are similar in that their
primary purpose is to protect human health and the
environment from the dangers of hazardous waste.
However, these statutes address the hazardous waste
problem from two fundamentally different
approaches:
VI-1
-------
Section VI: RCRA and Its Relationship to Other Environmental Statutes
Figure VI-1: Multi-Exposure Pathways
• RCRA has a regulatory focus and authorizes
control over the management of wastes from the
moment of generation until final disposal.
• CERCLA has a response focus. Whenever there
has been a breakdown in the waste management
system (e.g., a release or a potential threat of a
release of a hazardous substance, pollutant, or
contaminant), CERCLA authorizes cleanup
actions.
Considering the close relationship and
similarities between RCRA and CERCLA, this
section will closely examine the CERCLA
regulatory program and its interaction with RCRA.
This section consists of two chapters:
Legislative Framework for Addressing
Hazardous Waste Problems — Outlines the
environmental statutes designed to protect
human health and the environment from
exposure to hazardous waste and contaminants
and highlights their major interactions with
RCRA
Superfund: The Hazardous Waste Qleanup
Program — Focuses on one crucial aspect of
this legislative framework, the CERCLA
hazardous waste cleanup program and its
interactions with RCRA.
VI-2
-------
CHAPTER 1
LEGISLATIVE FRAMEWORK FOR ADDRESSING
HAZARDOUS WASTE PROBLEMS
In this chapter...
.»-.»' . ',
5yefv!ew . .T.,~,.,..„,,...... <( r^XM3
Environmental Statutes^..#..>,. .'..., .,...,..,.. VI-3
' ~'^" i Air Act..1. ~~.rir....'......U .'....! VP3
L-\Cle.an .Water Act ........... ,,..,,n,,,..,, ...... ,.,
Emergency Planning and Community
Right-to-KnowAct ......................... ,.,.1,.. ...... Vf-5
Federal Insecticide, Fungicide, and
f-VWT f T«Z 4MH «?'J"i4*-ll. «jt «W« "i^HA «*-<,-
.Rodenticide Act .................. ... ........................ VMS
^^$ fci— >• * i
and,
4 rt'llik
tecJ|opA , ^
,1 Sanctuaries Act ......... , ............. »...«.("., ......... - VI-6
- t
1
" *
^Occupationa'l Safety and Hearth'Act. [". VI-6
WV*V -» t - r <•
feifSafe Drinkjng Water Act VI-7
S""T6xic1Substances Control Act .', , VI-7
Is^ J *« - -r, „ <• *< > - T , i -, ' »
ummary ..„ „..,.. ,....,„ Vl-8
ditional Resources , „. Vl-8
OVERVIEW
The legislation that serves as the basis for
managing hazardous wastes can be divided into two
categories:
• Media-specific statutes that limit and monitor
the amount of wastes introduced into the air,
waterways, oceans, and drinking water
• Other statutes that directly limit the production,
rather than the release, of chemical substances
and products that may contribute to the nation's
wastes.
This chapter summarizes each statute and
highlights its interaction with RCRA (see Figure
VI-2).
ENVIRONMENTAL STATUTES
In order to adequately protect human health and
the environment from exposure to hazardous waste
and contaminants, Congress enacted several
regulatory programs to protect the nation's air and
water resources, as well as ensure the safety of
public health,
• Clean Air Act
The Clean Air Act limits the emission of
pollutants into the atmosphere in order to protect
human health and the environment from the effects
of airborne pollution. For six criteria pollutants
(sulfur dioxide, particulate matter, nitrogen dioxide,
carbon monoxide, ozone, and lead), EPA established
National Ambient Air Quality Standards
(NAAQS). Regulation of these criteria pollutants
affords the public some protection from toxic air
pollutants. Congress also mandated that CAA
control emissions from specific industrial sources.
Using this statutory authority, EPA designated
hazardous air pollutants and set National Emission
Standards for Hazardous Air Pollutants
(NESHAPs). Primary responsibility for
implementing both the NAAQS and NESHAP
requirements rests with states.
VI-3
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Section VI: RCRA and Its Relationship to Other Environmental Statutes
Figure VI-2: Major RCRA Interactions with Other Environmental Laws
CM • RCRA hazardous waste combustion facilities are subject to CM permit requirements
• Air emissions from RCRA incinerators and other TSDFs must comply with applicable CAA NAAQS and emission
limitations
• Pollutants and sludges extracted from CM air emissions control devices are subject to RCRA hazardous waste
regulations if hazardous
• Hospital, infectious, and medical waste incinerators are subject to NSPS and emissions guidelines under CAA
CWA • Sludges resulting from CWA wastewater treatment and pretreatment are subject to RCRA hazardous waste
regulations if hazardous
• Discharges from RCRA-permitted facilities must comply with the limitations set forth in NPDES permits
• RCRA-regulated USTs may also be subject to CWA SPCC requirements
EPCRA • Some RCRA TSDFs must submit annual reports to EPA detailing releases of chemicals to air, land, and water
FIFRA • FIFRA controls limit the level of toxic pesticides that are produced, and thereby reduce the amount of waste that
needs to be managed as hazardous under RCRA
• FIFRA requires the registration of pesticides and disinfectants used in medical waste treatment technologies
MPRSA • MPRSA prevents waste from a RCRA generator or TSDF from being deposited into the ocean, except in
accordance with a separate MPRSA permit
OSHA • RCRA hazardous waste generators and TSDFs may need to comply with OSHA training and planning standards
• RCRA cleanup activities and hazardous waste operations at generator facilities and TSDFs may need to comply
with HAZWOPER regulations !
SDWA • MCLs may be adopted by the RCRA program as cleanup standards for corrective action
• RCRA contains provisions parallel to SDWA that prohibit the underground injection of hazardous wastes, unless
such wastes have been treated to meet their respective LDR treatment standards
TSCA • TSCA controls on the disposal methods of certain chemicals, such as PCBs, reduce the amount of waste that
needs to be managed as hazardous under RCRA
• TSCA controls on the manufacture and use of certain chemical substances also reduce the amount of waste that
needs to be managed as hazardous under RCRA
The major interactions between RCRA and
CAA include the following:
• On September 1999, EPA finalized a rule that
establish coordinated CAA and RCRA
requirements for incinerators, cement kilns, and
LWAKs, commonly known as the MACT rule.
This rule ensures that these facilities will avoid
potentially will avoid two potentially different
regulatory compliance schemes by integrating
the monitoring, compliance testing,
• recordkeeping, and permitting requirements of
CAA and RCRA (see Section III, Chapter 7 for
more information, including regulatory
developments).
EPA has also developed organic air emission
regulations for TSDFs and LQGs under RCRA
(40 CFR Parts 264/265, Subparts AA, BB, and
CC) (as discussed in Section III, Chapter 5).
However, these RCRA regulations have been
designed to minimize, to the extent possible, any
overlap with CAA regulations.
• While medical waste is not subject to federal
RCRA regulation (as discussed in Section V,
Chapter 2), air emissions from new and existing
hospital, infectious, and medical waste
incinerators are subject to NSPS and emissions
guidelines under CAA.
• Extraction of pollutants from air emissions
using CAA controls (e.g., scrubbers)' can create
hazardous wastes or sludges containing such
wastes. Disposal of these materials must
comply with RCRA.
• Clean Water Act
The Clean Water Act imposes pollutant
limitations for all discharges of wastewater from
identifiable ("point") sources into the nation's
VI-4
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Chapter 1: Legislative Framework for Addressing Hazardous Waste Problems
waterways. These discharges are defined as either
direct discharges, indirect discharges, -or zero
discharges.
Direct discharges are discharges from "point
sources" into surface water pursuant to a NPDES
permit. NPDES permits are granted on a case-by-
case basis and limit the permissible concentration of
toxic constituents or conventional pollutants in
effluents discharged to a waterway. These limits are
generally established on the basis of the best
available treatment technology and, where
.necessary, to protect surface water quality standards.
Under indirect discharges, the wastewater is
first sent to a POTW, and then after treatment by the
POTW, discharged pursuant to an NPDES permit.
Under these requirements, the generator of the
wastes cannot simply transfer the waste materials to
a POTW. Rather, the wastes must satisfy applicable
treatment and toxic control requirements known as
pretreatment standards, where they exist. POTWs
that receive hazardous wastes for treatment are also
subject to certain RCRA permit-by-rule
requirements (as discussed in Section III, Chapter
8), and remain subject to RCRA corrective action.
Zero discharges mean that the wastewater is
not being discharged to a navigable water, but rather
is being land disposed (e.g., through spray
irrigation) or are disposed by underground injection.
Zero discharge facilities are subject to federal or
state regulatory limitations that are as strict as those
that apply to direct and indirect dischargers.
CWA also includes provisions intended to
prevent oil spills into the navigable waters of the
United States. These Spill Prevention, Control,
and Countermeasures (SPCC) regulations establish
spill prevention procedures and equipment
requirements for nontransportation-related facilities
with certain aboveground or underground oil storage
capacities that could reasonably be expected to
discharge oil into or upon the navigable waters of
the United States or adjoining shorelines. The
SPCC regulations provide a basic framework for
operational procedures, containment requirements,
and spill response procedures.
The major interactions between RCRA and
CWA include the following:
• Sludge resulting from wastewater treatment and
pretreatment under CWA must be handled as a
RCRA waste under Subtitle C, if hazardous.
• Discharges to surface waters from a RCRA-
permitted facility must comply with the
limitations set forth in a NPDES permit. This
means that either the facility itself has obtained
an NPDES permit, or the wastes meet CWA
pretreatment standards and have been
transported to a POTW.
• Dredged materials subject to the requirement of
a CWA §404 permit are not considered
hazardous wastes under RCRA.
• USTs that are subject to the technical
requirements of RCRA's UST program may
also be subject to CWA SPCC requirements.
• Emergency Planning and Community
Right-to-Know Act
Congress amended CERCLA in 1986 with the
enactment of the Superfund Amendments and
Reauthorization Act. These amendments
improved the Superfund program and added an
important section that focused on strengthening the
rights of citizens and communities in the face of
potential hazardous substance emergencies. This
section, SARA Title III, or the Emergency
Planning and Community Right-to-Know Act
(EPCRA), was enacted in response to the more than
2,000 deaths caused by the release of a toxic
chemical in Bhopal, India.
EPCRA is intended to help communities prepare
to respond in the event of a chemical emergency,
and to increase the public's knowledge of the
presence and threat of hazardous chemicals. To this
end, EPCRA requires the establishment of state and
local committees to prepare communities for
potential chemical emergencies. The focus of the
preparation is a community emergency response
plan that must: 1) identify the sources of potential
emergencies; 2) develop procedures for responding
VI-5
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Section VI: RCRA and Its Relationship to Other Environmental Statutes
to emergencies; and 3) designate who will
coordinate the emergency response.
EPCRA also requires facilities to notify the
appropriate state and local authorities if releases of
certain chemicals occur. Facilities must also
compile specific information about hazardous
chemicals they have on site and the threats posed by
those substances. Some of this information must be
provided to state and local authorities. More
specific data must be made available upon request
from those authorities or from the general public.
The primary interaction between RCRA and
EPCRA is that some RCRA TSDFs treating
hazardous waste are required to submit annual
reports to EPA of their releases of chemicals to air,
land, and water.
• Federal Insecticide, Fungicide, and
Rodenticide Act
The Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) provides procedures for
the registration of pesticide products to control their
introduction into
the marketplace.
As such, its
regulatory focus
is different from
most of the
statutes discussed
in this chapter.
While the other
statutes attempt to minimize and manage waste by-
products at the end of the industrial process, FIFRA
controls whether (and how) certain products are
manufactured or sold in the first place.
FIFRA imposes a system of pesticide product
registrations. Such requirements include pre-market
review of potential health and environmental effects
before a pesticide can be introduced in the United
States, reregistration of products introduced prior to
the enactment of FIFRA to assess their safety in light
of current standards, and classification of pesticides
for restricted or general use. Restricted products can
be used only by those whose competence has been
certified by a state program.
The major interactions between RCRA and
FIFRA include the following:
• FIFRA controls limit the level of toxicipesticides
that are produced, and thereby reduce the
amount of waste that needs to be managed under
RCRA.
• FIFRA requires the registration of pesticides and
disinfectants used in medical waste treatment
technologies (as discussed in Section V,
Chapter!).
• Marine Protection, Research, and
Sanctuaries Act
The Marine Protection, Research, and
Sanctuaries Act (MPRSA) requires a permit for any
material that is transported from a U.S. port or by a
U.S. vessel for deposition at sea.
There are two major areas of overlap between
MPRSA and RCRA. MPRSA prevents waste from a
RCRA generator or TSDF from being deposited into
the ocean, except in accordance with a separate
MPRSA permit. In addition, dredged materials
subject to the requirement of a MPRSA §103 permit
are not considered hazardous wastes undei: RCRA.
• Occupational Safety and Health Act
The mission of the Occupational Safety and
Health Act (OSHA) is to save lives, prevent
injuries, and protect the health of employees in the
workplace. OSHA accomplishes these goals
through several regulatory requirements including
the Hazard Communication Standard (HCS), and
the Hazardous Waste Operations and Emergency
Response Worker Protection Standard
(HAZWOPER). ;
The HCS was promulgated to provide workers
with access to information about the hazards and
identities of the chemicals they are exposed to while
working, as well as the measures they can take to
protect themselves. OSHA's Hazard ;
Communication Standard requires employers to
establish hazard communication programs to
VI-6
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Chapter 1: Legislative Framework for Addressing Hazardous Waste Probfems
transmit information on the hazards of chemicals to
their employees by means of labels on containers,
material safety data sheets, and training programs.
The HAZWOPER was developed to protect the
health and safety of workers engaged in operations
at hazardous
waste sites,
hazardous waste
treatment
facilities, and
emergency
response
locations.
HAZWOPER
covers issues such as training, medical surveillance,
and maximum exposure limits.
The major interactions between RCRA and
OSHA include the following:
• Hazardous waste generators and TSDFs may
need to comply with OSHA training and
planning standards, in addition to RCRA
requirements.
• HAZWOPER regulations may be applicable to
RCRA corrective action cleanup activities, and
to hazardous waste operations at generator
facilities and TSDFs.
• Safe Drinking Water Act
The Safe Drinking Water Act (SDWA) protects
the nation's drinking water supply by establishing
national drinking water standards (MCLs or specific
treatment techniques), and by regulating UIC wells.
The UIC program bans some types of underground
disposal of RCRA hazardous wastes. With some
exceptions, other materials cannot be injected
underground without a UIC permit.
The major interactions between RCRA and
SDWA include the following:
• MCLs may be adopted by the RCRA program as
cleanup standards for corrective action. Selected
MCLs are also used under the RCRA ground
water monitoring program for land disposal
units.
• RCRA also contains provisions parallel to
SDWA that prohibit the underground injection of
hazardous wastes, unless such wastes have been
treated to meet their respective LDR treatment
standards (as discussed in Section III, Chapter
6). RCRA also contains a ban on any injection
of hazardous waste into "shallow" wells.
• Toxic Substances Control Act
The primary focus of the Toxic Substances
Control Act (TSCA) is similar to that of FIFRA in
that the statute provides authorities to control the
manufacture and sale of certain chemical substances.
These requirements include testing of chemicals that
are currently in commercial production or use, pre-
market screening and regulatory tracking of new
chemical products, and controlling unreasonable
risks once a chemical substance is determined to
have an adverse effect on health or the environment.
TSCA controls on such unreasonable risks includes
prohibiting the manufacture or certain uses of the
chemical, requiring labeling, limiting volume of
production or concentration, requiring replacement
or repurchase of products, and controlling disposal
methods.
The major interactions between RCRA and
TSCA include the following:
• TSCA has a direct effect on RCRA through
controls on the disposal methods of certain
chemicals, such as PCBs. For example, while
TSCA regulates PCS disposal, RCRA also
regulates PCB disposal when the PCBs are
mixed with hazardous waste.
• TSCA also regulates used oil that contains
quantifiable levels of PCBs.
• TSCA's indirect effect on RCRA is the same as
FIFRA's. TSCA controls the manufacture and
use of certain chemical substances, which limits
the amount of waste that needs to be managed
under RCRA.
• EPA has proposed TSCA standards for the
disposal of lead-based paint (LBP) debris to
replace RCRA regulations. The new standards
would establish disposal standards for LBP
VI-7
-------
Section VI: RCRA and Its Relationship to Other Environmental Statutes
debris and identify recycling and incineration
activities that would be controlled or prohibited.
To avoid duplicative regulation, the waste that is
subject to these new standards would not be
subject to RCRA hazardous waste
determination.
ADDITIONAL RESOURCES
Full-text versions of the major environmental
laws administered by EPA can be found at
www.epa.gov/epahome/laws.htm.
SUMMARY
Several major environmental statutes work
together to address hazardous waste problems.
These include media-specific statutes that limit the
amount of waste released into a particular
environmental medium, and other statutes that
directly control the production of certain products,
and protect workers managing hazardous wastes.
These statutes are:
• Clean Air Act
Clean Water Act
• Emergency Planning and Community Right-to-
Know Act
• Federal Insecticide, Fungicide, and Rodenticide
Act
• Marine Protection, Research, and Sanctuaries
Act
• Occupational Safety and Health Act
• Safe Drinking Water Act
• Toxic Substances Control Act.
VI-8
-------
CHAPTER 2
SUPERFUND: THE HAZARDOUS WASTE
CLEANUP PROGRAM
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OVERVIEW
This chapter focuses on the Comprehensive
Environmental Response, Compensation, and
Liability Act, which is a central part of the
legislative framework for environmental protection.
CERCLA is also known as Superfund.
CERCLA is designed to remedy the mistakes in
hazardous waste management made in the past,
while the RCRA waste management standards are
concerned with avoiding such mistakes through
proper management in the present and future.
RCRA mainly regulates how wastes should be
managed to avoid potential threats to human health
and the environment. CERCLA, on the other hand,
is relevant primarily when mismanagement occurs
or has occurred (i.e., when there has been a release
or a substantial threat of a release in the
environment of a hazardous substance, or of a
pollutant or contaminant, that presents an imminent
and substantial threat to human health). More
specifically, RCRA authorizes a general regulatory
program to manage all hazardous wastes from cradle
to grave (i.e., from generation to ultimate disposal),
while CERCLA authorizes a number of government
actions to remedy the conditions that could result in
a release or the effects of a release itself. While the
two programs use parallel, but not identical,
procedures, both RCRA and CERCLA authorize
EPA to act in the event of an imminent hazard.
This chapter discusses why CERCLA was
enacted, summarizes some of the Statute's
authorities, and examines the major areas where the
CERCLA and RCRA programs interact.
.CERCLA
, ^ — %
a. RCRA mainly regulates how wastes should be managed
* to avoid potential threats'to human health and the
Jenylronment. CERCLA, on the other hand, comes into
^play primarily when mismanagement occurs or has
, occurred "(i.e., when there has been a release or a „
(i§|lb,staDtial Jhre.at of a release in the environment of a
ghazardous^substance or of a pollutant or contaminant 1
"tr~* presents an imminent and substantial threat to
health), - !
VI-9
-------
Section VI: RCRA and Its Relationship to Other Environmental Statutes
DEFINITIONS
RCRA and CERCLA both address hazards to the
environment. However, CERCLA is the more
comprehensive statute. CERCLA hazardous
substances encompass RCRA hazardous wastes, as
well as other toxic pollutants regulated by CAA,
CWA, and TSCA. Thus, all RCRA hazardous
wastes may trigger CERCLA response actions when
released into the environment. RCRA nonhazardous
solid wastes, on the other hand, do not trigger
CERCLA response actions unless they present an
imminent and substantial danger as pollutants or
contaminants (see Figure VI-3).
Figure VI-3: Relationship Between
CERCLA Hazardous Substances
and RCRA Hazardous Wastes
CERCLA hazardous substances encompass RCRA
hazardous wastes as well as other toxic pollutants regulated
by CAA, CWA, and TSCA. RCRA nonhazardous solid
wastes do not trigger CERCLA response actions unless
they present an Imminent and substantial danger to human
health and the environment as pollutants or contaminants.
In addition to hazardous substances, CERCLA
addresses pollutants and contaminants, which are
broadly defined to include any substance that is
reasonably anticipated to cause illness or
deformation in any organism. All three definitions
specifically exclude petroleum and natural gas.
HISTORY AND PURPOSE OF
CERCLA
CERCLA was established in response to the
discovery, in the late 1970s, of a large number of
abandoned, leaking, hazardous waste dumps that
were threatening human health and contaminating
the environment. One of the best known dumps was
Love Canal in Niagara Falls, New York, where a
chemical company had buried large amounts of
hazardous waste in a canal originally designed to
transport water. After the canal was capped with
clay and soil, an elementary school was built over
the site, and the city of Niagara Falls grew rapidly
around it.
In the 1970s, an unusual number of community
residents (especially those who attended the
elementary school) developed serious health
problems. Moreover, the residents complained of
noxious fumes and of chemicals oozing out of the
ground. Subsequent government investigations
found extensive contamination of the area, including
ground water supplies. In 1978, President Carter
declared Love Canal a federal disaster area, and
most of the residents in the area around the site were
relocated. :
At the time, declaring the site a federal disaster
area was the only viable option available to the
federal government. RCRA did not provide relief
because the problem did not involve the current or
future management of wastes. Legal actions against
the responsible parties did not offer a solution
because such action was too time consuming and
costly. Unfortunately, subsequent investigations
indicated that the scope of the waste dump problem
went far beyond Love Canal, making the federal
disaster relief option impractical. In late 1980,
Congress passed CERCLA to address other
uncontrollable hazardous waste sites similar to Love
Canal throughout the country. '
CERCLA, as originally enacted in 1980,
authorized a five-year program by the federal
government to perform the following primary tasks:
• Identify those sites where releases of hazardous
substances had already occurred or might occur
and posed a serious threat to human health,
welfare, or the environment ;
• Take appropriate action to remedy those releases
• Force those parties responsible for the release to
pay for the cleanup actions.
VI-10
-------
Chapter 2: Superfund: The Hazardous Waste Cleanup Program
t J-
SUPERFUND REAUTHORIZATION
IVND TAXING AUTHORITY
nqt only extended CERCLA for another five
f Vears, but increased the Fund from $1.6"bilfion to $8.5
^ijjjlior^ The taxing authority of SARA was to expire on
^.December 31,1991; however, the Omnibus
^Reconciliation Act of 1990 extended the taxes without
gmodification for four years, through [December 31,
P995. Separately, the Superfund program was
I reauthorized, without changes to the text of the
Ijtatute, until September 30,1994, a three-year
^extension from the expiration date of the SARA
"tithorjzation in 1991. pongress'failed to reauthorize
tthe Superfund program before September 30,1994
|the end of the fiscal year), however, the program is
;|HiToperating because funding continues to be
fp'propriated to the Superfund program. In the future,
|therSuperfund program may be reauthorized and the
Jtaxing authority may be extended.
To accomplish these tasks, CERCLA gave new
cleanup authority to the federal government, created
a $1.6 billion trust fund to pay for government
cleanup, and imposed cleanup liability on those
responsible. This "Super Fund" consisted primarily
of tax assessments on oil and designated chemicals.
During the five-year period of the original
CERCLA program, two facts became increasingly
clear: the problem of abandoned hazardous waste
sites was more extensive than originally thought,
and its solution would be more complex and time
consuming. Unlike RCRA response actions where
the owner and operator of a site are known,
CERCLA may deal with environmental threats due
to activities conducted long ago, thus the responsible
party may be unknown, no longer in existence (e.g.,
a defunct company), or unable to pay. To address
these additional concerns, SARA not only extended
CERCLA for another five years, but increased the
fund from a total of $1.6 billion to $8.5 billion.
SARA also established new standards and schedules
for site cleanup and also created new programs for
informing the public of risks from hazardous
substances in their community and preparing
communities for hazardous substance emergencies.
TRIGGER FOR STATUTORY
RESPONSE
CERCLA response authorities are triggered by a
release or a substantial threat of release of dangerous
substances into the environment (e.g., a chemical
spill from a tank truck accident or a leak from a
damaged drum). The release must involve either:
• A hazardous substance, as defined in the Statute
OR
• A pollutant or contaminant that may present an
imminent or substantial danger to public health
or welfare.
TYPES OF RESPONSE ACTIONS
Once a potential release has been discovered,
the information is entered into the Comprehensive
Environmental Response, Compensation, and
Liability Information System (CERCLIS), a
computerized database used to track hazardous
substance sites. After being entered into CERCLIS,
each site undergoes a preliminary assessment (PA)
to determine if the site poses a potential hazard and
whether further action is necessary. If the threat is
immediate, a removal action may be conducted.
Removal actions are short-term cleanup actions
that usually address problems only at the surface of
a site. They are conducted in response to an
emergency situation (e.g., to avert an explosion, to
cleanup a hazardous waste spill, or to stabilize a site
until a permanent remedy can be found). Removal
actions are limited to 12 months duration or $2
million in expenditures, although in certain cases
these limits may be extended. Removals may occur
at any point in time after the PA has been conducted.
Remedial actions are longer-term response
actions that ultimately represent the final remedy for
a site and generally are more expensive and of a
longer duration than removals. This is because the
remedial actions are intended to provide permanent
VI-11
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Section VI: RCRA and Its Relationship to Other Environmental Statutes
solutions to hazardous substance threats. It is
possible that both removal and remedial actions may
be taken at the same site. In the event that longer-
term cleanup is necessary, the site is referred to the
remedial program for further investigation and
assessment.
If the PA reveals a contamination problem exists,
but does not pose an immediate threat that warrants
a removal, EPA will continue to study the site during
a site inspection (SI). Based on data collected
during the PA and the SI, EPA will evaluate the site
using the Hazard Ranking System (HRS), a model
and scoring system that determines the relative risk
to public health and the environment posed by
hazardous substances in ground water, surface water,
air, and soil. Only those sites with a score of 28.5
(on a scale from 0 to 100) are eligible for placement
on the National Priorities List, EPA's priority
hazardous substance sites for cleanup. EPA only
funds remedial actions at hazardous waste sites on
the NPL. As of May 2002, there are over 1,200 sites
either on the NPL or proposed for inclusion. The
majority of sites are placed on the NPL based on
their HRS score. Under some circumstances, sites
may also be placed on the NPL by the state in which
the site is located or by the Agency for Toxic
Substances and Disease Registry (ATSDR).
Once a site is placed on the NPL, the remedial
process begins. The remedial process requires EPA
to design a community involvement plan that will
inform citizens of all remedial activities and provide
opportunities for public comment. A remedial
response has two main phases. The first phase, the
remedial investigation/feasibility study (RI/FS),
involves evaluating site conditions at the site,
defining any problems, and comparing alternative
site cleanup methods. After the remedy has been
selected, the decision is documented in the record
of decision (ROD). The second phase, the remedial
design/remedial action (RD/RA), involves
designing the chosen cleanup and beginning
construction.
Following the implementation of the remedy,
the state or the potentially responsible party (PRP)
assumes responsibility for the operation and
maintenance (O&M) of the site, which may include
such activities as ground water pump and treat, and
cap maintenance. Once EPA has determined that all
appropriate response actions have been taken and
cleanup goals have been achieved, the site is deleted
from the NPL through a formal rulemaking process.
RCRA AND REMEDY SELECTION
UNDER CERCLA
CERCLA assures that remedies are based on the
cleanup standards and criteria that have been
established by other laws, such as CAA, CWA, and
RCRA. CERCLA specifically requires that on-site
remedies attain any legally applicable or relevant
and appropriate requirements (ARARs),
standards, criteria, or limitations under federal or
more stringent state environmental laws, including
RCRA, unless site-specific waivers are obtained.
This means, for example, that whenever a remedial
action involves on-site treatment, storage, or
disposal of hazardous waste, the action must meet
RCRA's technical standards for such treatment,
storage, or disposal (as discussed in Section III,
Chapter 5). The National Oil and Hazardous
Substances Pollution Contingency Plan (NCP),
which is the regulatory blueprint for the CERCLA
program, addresses the application of ARARs to
CERCLA remedial actions (40 CFR Part 300).
Once hazardous wastes are transported from a
CERCLA site, they are subject to full RCRA
regulation. Therefore, all transportation and TSD
requirements under RCRA must be followed. This
means that off-site shipments must be accompanied
by a manifest. In particular, the off-site disposal of
hazardous wastes can occur only at a RCRA facility
in a unit in full compliance with the Subtitle C
requirements. Agency policy requires that the
^, _ __ , WHAT ARE ARARS?
*CERCLA on-site'remedie's must attain anyARARs
" Standards, criteria, or limitations under federal or more
Astringent state environmental laws, including RCRA,
^unless site-specific waivers are obtained. This means,
"for example, that whenever a remedial action involves
- on-site treatment, storage, or disposal of hazardous
^waste, the_ action must meet RCRA's technical "
"standards for such treatment, storage, or disposal.
,-The NCP details the application of ARARs to
"Superfund remedial actions.
VI-12
-------
Chapter 2: Superfund: The Hazardous Waste Cleanup Program
disposal facility be inspected by EPA six months
prior to receiving the waste.
For off-site land disposal of wastes resulting
from a CERCLA activity, the program contains two
additional requirements. First, the unit in which the
wastes are to be disposed must not be releasing
hazardous wastes or constituents into ground water,
surface water, or soil. Second, any releases from
other units of the facility must be under an approved
RCRA corrective action program. This policy
assures that wastes shipped off site from CERCLA
sites are sent to environmentally sound waste
management facilities.
Finally, EPA may not take or fund remedial
actions in a state unless the state ensures the
availability of hazardous waste treatment and
disposal capacity by submitting a capacity
assurance plan (CAP) to EPA. This capacity must
be for facilities that are in compliance with RCRA
Subtitle C requirements, and must be adequate to
manage hazardous wastes projected to be generated
within the state over 20 years. This requirement
limits and manages the amount of hazardous waste
generated in the United States by encouraging waste
minimization and recycling, interstate agreements,
and efficient and realistic hazardous waste
management systems. Currently, every state in the
nation had submitted a CAP to EPA.
RCRA CORRECTIVE ACTION VS.
CERCLA RESPONSE
The cleanup of a site with hazardous waste
contamination may be handled under either
CERCLA, as described above, or RCRA. RCRA
authorizes EPA to require corrective action (under
an enforcement order or as part of a permit)
whenever there is, or has been, a release of
hazardous waste or constituents at TSDFs. The
RCRA statute also provides similar corrective action
authority in response to releases at interim status
facilities. Further, RCRA allows EPA to require
corrective action beyond the facility boundary. EPA
interprets the term corrective action (as discussed in
Section III, Chapter 9) to cover the full range of
possible actions, from studies and interim measures
to full cleanups. Anyone who violates a corrective
action order can be fined up to $27,500 per day of
noncompliance and runs the risk of having their
permit or interim status suspended or revoked.
RCRA and CERCLA cleanup programs follow
roughly the same approach to cleanups. In both,
examinations of available data are made after
discovery of a release to determine if an emergency
action is warranted. Both programs authorize short-
term measures to abate immediate adverse effects of
a release. Once an emergency has been addressed,
both programs provide for appropriate investigation
and more investigation as needed to establish long-
term cleanup options. One major difference
between the two programs involves funding.
CERCLA requires that site conditions be analyzed
according to HRS and that only NPL sites receive
any remedial action funding. There is no
comparable requirement under the RCRA corrective
action program because the owner or operator of the
site is responsible for the cost of the cleanup.
The facility owner or operator implements
RCRA corrective action. On the other hand, a
number of different parties can implement a
CERCLA remedial action in a number of different
ways. For example, agreements may be reached that
allow PRPs, the State, or the Federal government, to
assume that the lead for certain portions of a
response action.
Generally, cleanups under RCRA corrective
action or CERCLA will substantively satisfy the
requirements of both programs. It is EPA's general
policy for facilities subject to both CERCLA and
RCRA to be deferred to RCRA authority. In some
cases, however, it may be more appropriate to use
both RCRA and CERCLA authorities. EPA has
many procedures in place to facilitate coordination
between RCRA and CERCLA programs.
IMMINENT HAZARDS UNDER
RCRA AND CERCLA
Both RCRA and CERCLA contain provisions
that allow EPA to require persons contributing to an
imminent hazard to take the necessary actions to
clean up releases. RCRA's §7003 imminent and
substantial endangerment provision addresses
VI-13
-------
Section VI: RCRA and Its Relationship to Other Environmental Statutes
nonhazardous as well as hazardous solid waste
releases. The authority under CERCLA §106 is
essentially the same, except that CERCLA's
authority to abate an imminent or substantial danger
to public health or the environment is limited to
hazardous substance releases. In an enforcement
action, the RCRA and CERCLA imminent hazard
provisions may be used in tandem to ensure
adequate protection of human health and the
environment.
SUMMARY
CERCLA authorizes cleanup responses
whenever there is a release, or a substantial threat of
a release, of a hazardous substance, a pollutant, or a
contaminant, that presents an imminent and
substantial danger to public health. After a potential
release has been discovered, the site is entered into
CERCLIS, and undergoes a PA. If the hazard is
immediate, EPA may require a removal action. If a
contamination problem still exists, but is not an
immediate threat, EPA will conduct an SI, evaluate
the site using the HRS, and possibly place the site on
the NPL for remedial action. Such longer-term
remedial actions involve additional remediation
steps and larger expenditure of time and resources
because they provide permanent solutions to
hazardous substance problems. These additional
steps include an RI/FS. After a remedy has been
selected, the decision is documented in the ROD, the
RD/RA is implemented, and the state or PRP is
responsible for O & M of the site. When all
appropriate remedial actions have been taken and
the cleanup goals have been achieved, the site is
deleted from the NPL. :
The RCRA program differs from the CERCLA
waste management approach. The general
distinction between the two programs is that RCRA
authorizes the safe and protective management of
wastes, while CERCLA authorizes cleanup
responses whenever there is a release of Wastes.
However, the two programs do overlap. For
example, RCRA standards may be considered
ARARs and can be important in selecting remedies
under CERCLA. Moreover, RCRA's corrective
action and CERCLA's remedial action use parallel,
but not identical, procedures. Finally, both Statutes
authorize EPA to act in the event of an imminent
hazard.
ADDITIONAL RESOURCES
Additional information about the topics covered
in this chapter can be found at www.epa.gov/
superfund. Further information about EPA cleanup
programs can be found at www.epa.gov/epaoswer/
osw/cleanup.htm.
VI-14
-------
SECTION VII
PUBLIC PARTICIPATION
nfhJs section...
j aft
'ermitting ,
&Pre-Application Meeting .....* ,,,7^.........
5 Draft Permit, Public CommenfPeriod
^jjjSid Public Hearing
~Permjt Mocjificatio/is ...,j
Permit Renewals
K 11 I'
Trial Burr^ Notices , ...4 „
"nterim StatusVacilities ,v ^.......^.j..,..,..
Post-Closure Permits * "...
Impost-Closure Aiterna'tivesyp Permits ..!.", .*
^Information Repositories I
^Corrective Action . „...„..,.„ ,...t. ,„
g^pofrectWe'^Action Permits ."...!.*.,.„..."...,„...'.
^. Conective^Actibn Orders,^,.. ,...,...,..... .*„
•r Remedial Action Plans ....!....! ~.
VII-2
VII-3
r *'
VII-5
jig Kir
VII-5
VJI-**5
VII-5
^Voluntary Corrective Action
."--^L, ^JL r ***&- i i / IH 4 » *»*
State Authorization
"he,, Rulemaking Process,
-i Proposed Rulemakings .'.,
Public Co/pment ,,...,.1
p^jnal Rulemakings ,
Rulemaking Information '..!„...„,
•Kvironmental Justice „ !.„.,
[Outreach and Public7vss|stance,
freedorn of Information Act . .. ......... 7.,..*..^,.
*,EPA's Office of Ombudsman ....... v ...... , ....... .
PA Docket Cerjter ......... .". ........................ ...,
RCRA* Superfund & EPCRA Call Center ..I,.
nummary [[[ „
^d^tional Resources.
vl'"6 v
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X11"6
yij-z^
VII-7, ,
VH-f *
yii-7
VII-7
K %*r
VII-7
VII-7
yn-8
VII-8
yii-8
VII-9
VJI-9
yli-9
yij-9
Vll-,10
VII-10,
VII-10*
A:
OVERVIEW
EPA is committed to involving the public in the
development and implementation of the solid waste,
hazardous waste, and UST environmental decision-
making. One of the Agency's central goals is to
provide equal access to information and an equal
opportunity to participate. EPA regards public
participation as an important activity that empowers
communities to become involved in local RCRA-
related activities.
Through RCRA, Congress gave EPA broad
authority to provide for public participation in the
regulatory program. RCRA §7004(b) directs EPA to
provide for, encourage, and assist public
participation in the development, revision,
implementation, and enforcement of any regulation,
guideline, information, or program under the Act.
The RCRA public participation requirements
bring government, private industry, public interest
groups, and citizens together to make important
decisions about hazardous waste, solid waste, and
UST facilities. Specifically, these groups and
individuals have a stake in RCRA's hazardous waste
management program, such as TSDF permitting,
corrective action, and state authorization. On a
broader level, the public also has tremendous
interest in EPA's rulemaking process and
environmental justice.
Public involvement in the RCRA program
presents unique needs and opportunities. While the
Agency is firmly committed to promoting broad and
equitable public participation, EPA also seeks to
-------
Section VII: Public Participation
ensure the flexibility for individual permit writers,
facilities, and communities to adopt the most
appropriate, site-specific approach consistent with
the principles of fairness and openness. As a result,
in many instances, EPA references guidance, instead
of codified regulatory language, to encourage all
stakeholders, such as facilities, permitting agencies,
and the public, to strive toward public involvement
goals, while at the same time maintaining the
flexibility consistent with a national regulatory
approach.
EPA views public outreach as an essential
element of public participation. Public outreach
educates people about hazardous waste issues and
the RCRA decision-making process. Public
outreach also creates informal opportunities for
public input and dialogue. To expand public
participation, the Agency actively engages in
extensive public outreach activities.
PERMITTING
A focus of RCRA public participation is the
involvement of the public in the hazardous waste
TSDF permitting process. (Permitting is fully
discussed in Section III, Chapter 8.) TSDF owners
and operators handle large quantities of waste that
present potential risk to human health and the
environment. Public participation informs the
public of the types of wastes and management
methods that the TSDF owner and operator intends
to employ and allows the public an opportunity to
discuss the facility's anticipated waste management
activities with the owner and operator.
Communities may provide information that facility
owners and operators may not otherwise have access
to, and which may impact some of the facility plans
(e.g., information on day care locations that might
impact transportation routes to and from the
facility). Public participation also benefits the
TSDF owner and operator because it fosters
community relations and can help to avoid delays
and future litigation by addressing public concerns
up front.
From the permitting agency's point of view, the
public can contribute valuable information and ideas
that can improve the quality of agency decisions and
-THE IMPORTANCE bpuBL p,
. -,-r, T,,, -, >-->:. •.•-• '' " ""'-'—1
, . -p . , , „,;,-,, -i;-- IS,F, -^ .
EPublic participation* informs the public of the types
fe^'fflt|!!ffi™MW?'1i.'..'i/l! 'fl ji..i.' V ~ i».Jmn!Uti.au'ie«jfl»,»iii.Mt w-i^".'vyrasrrf"i*™i^imi*rityW^^
r wastes and management methods that a TSDF owner I
m<>f*!**'---'fl*'-"-"-'-.-' •.^StlW£*HiJ*»3ii^^™r--™w.»™j».eni^
|l and operator intends to employ and allows, the public v,
|lrj opportunity to volce'its concerns a'Bout tHese HsRir *
Irjpublic particip_ation also benefits the TSDF owner ahcT
maa«WTOfe»W»»tfpffiJiilW^W»gPrc ....... .il,l,mlrmM3»'^M™^»wrn^nr^mn,^n^,m..^%»m^«^,^r.n'n«.mkiB^.l^
fljperatpr ,Rf ca;uf e J.fstfrs, .cprnmMnlty relations
t||riheip to '''
iltdressing'public (
&,,,;,, m^:^\
&.'.&.'.„'. s.^jSMSiisfi*!
... '
s'xsfti!^
permit applications. With public input, permitting
decisions are influenced by local circumstances that
technical staff alone cannot provide.
The permitting process serves as an appropriate
mechanism for public participation requirements
because the permit serves as the set of requirements
against which compliance will be measured. Public
interaction in the process serves both to educate the
public and to allow the public to express concerns to
the facility and the permitting agency. Each step in
the RCRA permit decision process is accompanied
by public participation requirements (see Figure
VII-1). EPA promulgated regulations in 40 CFR
Parts 25, 124, and 270 to create opportunities for the
public to learn about RCRA activities and provide
input during the permitting process. These
requirements may not be sufficient in all cases.
Permitting agencies and facilities should consider
going beyond the regulatory requirements, as
necessary, to provide for meaningful and equitable
public participation.
Public interaction occurs during pre-application
meetings, public comment and response periods, and
public hearings. Through all of these steps, the
public can engage facility owners and operators and
regulators in a dialogue. This dialogue is crucial
because a successful public participation program
requires the flow of information among all
stakeholders.
EPA encourages public participation activities
that occur outside the formal permitting process.
Citizens can contact environmental, public interest,
civic, and community groups that have an interest in
the facility and become involved in their activities.
The permit applicant may also create informal
opportunities for public input and dialogue.
VII-2
-------
Sect/on VII: Public Part/c/patfon
Figure Vll-7: Public Involvement
in the RCRA Permitting Process
Facility notifies public of
informal meeting at least 30 |
days prior to meeting
mmmm
Informal public meeting
Permit applicant submits
permit application, including
a summary of the public
meeting that includes
details of the meeting and
list of attendees
Upon receipt of
application, permitting
agency sends notice to|
everyone on facility
mailing list indicating
where public can view
application
Permitting agency
notifies public of
decision to issue a draft
permit or a notice of
intent to deny, and
opens minimum 45-day
comment period
After comment period
closes, permitting agency I
reviews and evaluates all f
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
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
• Pre-Application Meeting
The public participation provisions require
prospective applicants to hold an informal public
meeting before submitting an application for a
RCRA permit. The permit applicant should select a
meeting time, date, and place that are convenient to
the public. The permit applicant must provide notice
of the pre-application meeting at least 30 days prior
to the meeting in a manner that is likely to reach all
members of the affected community. The applicant
must advertise the meeting in the newspaper,
through a broadcast announcement, and on a sign
posted at or near the property. The meeting will
provide a chance for the community to interact with
and provide input to an owner and operator before
the submission of the permit application. At the
meeting, the owner and operator should describe the
facility in the level of detail that is practical at the
time of the meeting to give the public enough
information to understand the facility operations and
potential impacts to human health and the
environment. The permit applicant must submit
with the permit application a summary of the
meeting and a list of all attendees. Upon receipt of
the permit application, the permitting agency must
send a notice to everyone on the facility mailing list
specifying where the public can examine the
application. Thus, the public may begin reviewing
the application at the same time as the permitting
agency.
• The Draft Permit, Public Comment
Period, and Public Hearing
Once the permit application is complete, the
permitting agency will decide whether to issue a
draft permit or a notice of intent to deny. In either
case, the permitting agency notifies the public of its
decision and announces the opening of a minimum
45-day public comment period. The permitting
agency prints the notice in a local paper, broadcasts
the notice over a local radio station, and sends a
copy to the mailing list recipients and relevant
agencies. The permitting agency also prepares a fact
sheet or statement of basis regarding its decision.
The fact sheet (or statement of basis) explains the
factual, legal, methodological, and policy questions
considered in making the decision to issue or deny
the permit.
VI1-3
-------
Section VII: Public Participation
Any person may request a public hearing during
the comment period. The permitting agency holds a
hearing if someone submits a written notice of
opposition to the draft permit and a request for a
hearing, or if the permitting agency finds a
significant degree of interest in the draft permit.
The permitting agency may also hold a public
hearing at its own discretion. The permitting agency
must notify the public at least 30 days prior to the
hearing.
The comment period on the draft permit allows
public submission of written concerns and
suggestions to the permitting agency in writing. The
permitting agency describes and responds to all
significant comments raised during the comment
period.
After the public comment period closes, the
permitting agency will review and evaluate all
comments and issue a final permit decision. The
agency sends a notice of decision to the facility and
any person who submitted comments or requested
notice on the final permit decision.
• Permit Modifications
As with the initial permit process, permit
modifications can raise public concerns that must be
addressed through public participation. Public
participation responsibilities and activities vary
depending on who initiated the modification and the
degree to which the modification changes the
facility permit. When a modification is proposed,
only the permit conditions subject to modification
are reopened for public comment.
Permitting agencies may initiate a permit
modification if there are substantial alterations or
additions to the facility, if new information is
received by the permitting agency that was not
available at the time of permit issuance, or if new
regulations or judicial decisions affect the conditions
of the permit. Agency-requested permit
modifications are subject to the same public
participation requirements that are required during
the permitting process.
Permit modifications initiated by the facility
owner and operator are categorized as Class 1,2, or
SPUByei
^^j^rpg^fg jjg{J5^"i^ jj fre,^^P^" during; permit
J jtibiifications yai^ depending' on the extent of the
^p|j^Hific'attfln^.,.C^s'. | permit modifieations require ttiat
SsiyJihiri 90 days: ^Impje^enting a change/th^ feciilfy : :
F^^|'S|pli JT n^g^g^^ljartfe^p'rvWe'malf^ list; •' -;..•
^OTpiieS 'by*the J>i^|ting'agenc^ ^' Clas?T permtr'^r
"^'^ifcili^slhyQlye'puBn focir '•""•"'';":"""'
spapw, a 6u^ay"comm^rit period, and ia public;";.':'
|[jgJi^^iio^ajiiirJhajT^£ into:th£cornrnerit
id an3 rio'later tna'ri -1 Sdayii before" It en3ir While
•Bias's 3' m^od_ifjca|ions^re jubject''toVthes r'',^:*,
i|||S^nt^as^ass^moc|if§ion^ sucFT' '"['J.'r^
.TraSifications fequirelhe pe^Hr^" agency W provide;"
gpl'^jj^-^^ addftional bpippHuifiilfeslo'^rtfclpateTff-
^JS^.,1, i5;, l|Pl.,.^..r-_.,. ., ...,,,,;, ,,. .:.;.,.^ ....,- ... .. -,|-;..^ ' "^'i'-ll,1hi^^^'^.^ . ^. - .,;..;<
ie process.
3 according to how substantively they change the
original permit. The only public involvement
requirement for Class 1 modifications is that within
90 days of implementing a change the facility must
send a notice to all parties on the mailing list
compiled by the permitting agency. ;
The Class 2 modifications are more stringent
than Class 1 modifications, and involve public
notice in a local newspaper, a 60-day comment
period, and a public meeting held no earlier than 15
days into the comment period and no later than 15
days before it ends. At any time during the Class 2
procedures, the permitting agency may reclassify the
request as a Class 3 modification if there is
significant public concern or if the agency
determines the modification is too complex for the
Class 2 procedures.
Class 3 modifications address changes that
substantially alter a facility or its operations, and
often raise significant public concern. While these
modifications are subject to the same public
participation provisions as Class 2 modifications,
Class 3 modifications require the permitting agency
to provide the public with additional opportunities to
participate in the process. For example, the
permitting agency must issue a public notice of the
agency's draft permit decision, allow for a 45-day
public comment period on the decision, develop a
fact sheet or statement of basis, and hold a public
meeting (if requested) with 30-day advance notice.
VII-4
-------
Section VII: Public Participation
m Permit Renewals
A facility owner and operator who makes a
significant change during the renewal of their permit
is also subject to the pre-application meeting and
notice requirements. A significant change in facility
operations is a change that is equivalent to a Class 3
modification. This requirement ensures that if
during permit renewal a facility makes significant
changes to an already publicly reviewed and
approved permit, the public will have an opportunity
to participate in the permit review and approval
process.
• Trial Burn Notices
Owners and operators of new hazardous waste
combustion facilities may not commence a trial burn
until after the permitting agency has issued the
required notice. EPA anticipates that permitting
agencies will typically notify the public at least 30
days prior to the trial burn. The notice requirement
applies only to the initial trial burn, and not to
subsequent burns that may be conducted as part of a
permit modification. For interim status combustion
units, the permitting agency must also provide
public notice of the intent to approve a trial burn
plan.
• Interim Status Facilities
In general, interim status facilities are not
required to follow any standardized public
participation procedures until the facility owner and
operator applies for a permit. Implementing
agencies may need to use innovative techniques to
communicate with the public about interim status
facilities. EPA acknowledges that each situation will
require a different type and level of community
involvement in order to address public concerns.
• Post-Closure Permits
Owners and operators who submit a permit
application for the purpose of conducting post-
closure activities are not subject to the
pre-application meeting and notice requirements.
EPA's experience is that the public has usually been
concerned with permit decisions related to active
hazardous waste management operations rather than
closed facilities. Post-closure activities are subject
to the public notice and comment period at the draft
permit stage.
• Post-Closure Alternatives to Permits
Owners and operators who are conducting post-
closure activities using non-permit alternatives, such
as enforceable documents, are also subject to public
participation requirements. The public participation
provisions for these alternatives include public
notice and comment.
EPA encourages early, meaningful, and
continuous involvement of the public, including
regularly updating the community on the progress
made at the facility. Meaningful public participation
is achieved when all impacted and affected parties
have ample time to participate in the facility cleanup
decisions.
• Information Repositories
In certain instances, RCRA permits can be the
subject of intense debate. When public interest is
strong, the demand for information increases. The
public participation requirements allow the
permitting agency to require a permit applicant to
set up an information repository at any time after
submittal of the permit application and during the
life of the permit. The repository will hold all
information and documents that the permitting
agency decides are necessary to adequately inform
and educate the public. EPA intended for permitting
agencies to use the information repository
requirement sparingly on a case-by-case basis when
a significant amount of public concern has surfaced
or where the community has unique information
needs.
CORRECTIVE ACTION
Corrective action investigations and remedial
actions at hazardous waste facilities also create
strong community interest because contamination
can directly affect and impact communities.
VII-5
-------
Sec/ton VII: Public Participation
(Corrective action is fully discussed in Section III,
Chapter 9.) The community may seek information
related to current or potential contamination,
including levels of contamination, the extent of
health and environmental risks, and the potential for
future risks. The public may also seek additional
opportunities to provide input to the overseeing
agency or the facility about the cleanup of the
contamination.
More than 6,000 facilities are subject to RCRA
corrective action. The necessary degree of cleanup
at these sites varies significantly. Program
implementors are granted latitude in structuring the
corrective action process, developing cleanup
objectives, and selecting remedies appropriate to
site-specific circumstances. Similar latitude is
allowed in determining the best approach to public
participation, in order to provide opportunities
appropriate for the level of interest of the
community.
Public participation requirements during
corrective action are established in regulations;
further recommendations are set out in guidance.
The regulations set requirements that facilities and
implementing agencies must meet when a permit is
issued or modified to incorporate corrective action
provisions.
In the absence of final regulations specifically
addressing public participation during corrective
action, program implementors and facility owners
and operators should develop public participation
strategies on a site-specific basis, consistent with
existing public participation requirements and the
program goal of full, fair, and equitable public
participation. Permitting agencies and facilities
should make all reasonable efforts to provide for
early public participation because important
corrective action decisions are made during the site
investigation and characterization. At a minimum,
information regarding corrective action activities
should be available to the public and the public
should be given an opportunity to review and
comment on proposed corrective action remedies.
PUBLIC PARTICIPATION
DURING CORRECTIVE ACTION
r \
"When corrective action is part of the RCRA permitting
# brocJess, it follows the public participation
itequiremertts associated with permitting. While EPA
r regulations do not require public participation for
IjjQrrective action* activities that are imposed or
t overseen through an order, EPA's policy is that the
j|sameJeveL of public participation requirements
Sjrriposed under a permit should generally apply under
pTcorrective action order.
• Corrective Action Permits
When corrective action is part of the RCRA
permitting process, it follows the public ;
participation requirements associated with
permitting. Thus, the corrective action provisions in
any permit application are available for public
review throughout the permitting process and the
public can comment on them at the draft permit
stage.
• Corrective Action Orders
EPA regulations do not require that corrective
action activities that are imposed or overseen
through an order include public participation.
However, EPA's policy is that the same level of
public participation requirements imposed under a
permit should generally apply under a corrective
action order. There may be limitations on the
implementing agency's ability to release or discuss
certain information when using an order, but if
public interest in the facility is high, the agency
should address concerns without breaching the
confidentiality of the owner's and operator's case by
at least discussing why limitations are necessary,
and if and when they will be lifted.
EPA has clarified various issues in reference to
public participation activities during RCRA §7003
imminent hazard cleanups. Specifically, §7003
orders should involve public participation to the
maximum extent possible. During these cleanups,
EPA should provide public notice and an
opportunity to comment when the Agency issues the
order, during the remedy selection process, and upon
Agency determination that the cleanup has been
VII-6
-------
Section VII: Public Participation
completed. When situations prevent public
participation from occurring, the Agency should
involve the public at the earliest opportunity. The
Agency may also consider holding public meetings
to address concerns if the site has attracted
significant attention.
• Remedial Action Plans
Public participation for Remedial Action Plans
(RAPs) includes public notice and comment of the
draft RAP or the notice of intent to deny. An
informal public hearing may also be requested under
the public participation provisions for RAPs.
• Voluntary Corrective Action
Although EPA typically has less control over
public participation during voluntary corrective
action, the Agency encourages the use of public
participation and will generally take into account the
level of public participation conducted by the
facility owner and operator when evaluating the
acceptability of voluntary actions.
involvement activities as part of all formal RCRA
rulemakings. Congress, through the Administrative
Procedures Act (APA) (5 U.S.C. Sections 551-
559), established the legal requirement that federal
agencies provide the public with notice and an
opportunity to comment on rulemakings. The Act
addresses rulemaking procedures as well as site-
specific licensing procedures, access to agency
information, and procedures and standards for
judicial review of agency actions. All
environmental rulemakings proposed and finalized
by EPA include public participation throughout the
process (see Figure VII-2).
• Proposed Rulemakings
The first step in the rulemaking process is the
issuance of the notice of proposed rulemaking by
EPA. The forum for providing the public with
notice of a proposed rule is the Federal Register.
The notice must include a statement of the time,
place, and nature of the rulemaking, a reference to
the legal authority under which the rule is proposed,
and the terms of the proposed rule.
STATE AUTHORIZATION
RCRA also requires public involvement when
EPA authorizes states to implement the hazardous
waste regulations. Such public involvement is
intended to allow the public to voice their concerns
regarding the change in implementing agency.
Specifically, during the state authorization process, a
state must provide public notice and an opportunity
for public hearing before submitting its application
for final authorization. The Statute also requires
that EPA provide opportunity for public hearing
before it decides to grant or deny a state's
authorization and before EPA withdraws a state's
authorization. (State authorization is fully discussed
in Section III, Chapter 11.)
THE RULEMAKING PROCESS
Besides facilitating public participation during
hazardous waste TSDF permitting, corrective action,
and state authorization under the RCRA Subtitle C
program, EPA proactively initiates public
• Public Comment
After notice is given, EPA must provide
interested persons an opportunity to participate in
the rulemaking through submission of written data,
views, or arguments. This process not only educates
the public, but also provides valuable information to
EPA during the regulatory development process.
Up-front participation reduces the likelihood of
litigation challenging subsequent regulations.
Public participation can take many forms, including
opportunity for a hearing, opportunity for access to
EPA materials, and opportunity for written
comments on proposals.
• Final Rulemakings
Once public comments are considered, EPA will
revise the proposed rulemaking. The rule will often
change between its proposal and finalization as a
result of public comments. The final rule is
published in the Federal Register, and EPA will
respond to public comments in the rule's preamble.
VI1-7
-------
Section VII: Public Participation
Figure VII-2: The Rulemaking Process
EPA issues notice of proposed
rulemaklng in the Federal Register
Public responds to notice of proposed |
rulemaklng (e.g., attends hearings,
submits written comments)
EPA revises notice of
proposed rulemaklng
I
EPA issues notice of final rulemaking in
the Federal Register and responds to
public comments in the rule's preamble
If necessary, EPA will give any interested
party the right to petition for the issuance,
amendment, or repeal of the rule
After final promulgation, EPA must give any
interested party the right to petition for the issuance,
amendment, or repeal of the rule.
• Rulemaking Information
EPA evaluates a variety of background
information, as well as public comments, in the
development of a particular rulemaking. Each
Federal Register lists a background docket that is
available for public viewing. This docket contains
all the background documents, including scientific
studies, risk assessments, public comments, and
EPA responses, mat were used for that particular
rulemaking.
In addition to the background docket, the
Federal Register also contains regulatory impact
analyses. These are analyses of a particular
rulemaking's effects on other environmental
regulations and economic impact on the regulated
community.
In these analyses, EPA evaluates the effects a
rule will have on other environmental regulations,
such as CERCLA and CWA, and publishes the
expected impacts in the Federal Register. In
addition, EPA studies the economic effects of a
particular rule on the regulated community to
determine compliance costs. As required by the
Regulatory Flexibility Act of 1980, the Agfency also
evaluates the impacts of the rulemaking on small
businesses, small organizations, and small \
governmental jurisdictions. '•
ENVIRONMENTAL JUSTICE
Environmental justice refers to the fair
distribution of environmental risks across
socioeconomic and racial groups. On February 11,
1994, President Clinton issued Executive Order
12898, directing federal agencies to identify and
address environmental concerns and issues of
minority and low-income communities. EPA is
committed to equal protection in the implementation
and enforcement of the nation's environmental laws.
EPA believes that environmental justice issues
should be addressed on a local level and oh a site-
specific basis. EPA encourages permitting agencies
and facilities to use all reasonable means to ensure
that all segments of the population have an equal
opportunity to participate in the permitting process
and have equal access to information in the process.
These means may include, but are not limited to,
multilingual notices and fact sheets, as well as
translators, in areas where the affected community
contains significant numbers of people who do not
speak English as a first language.
OUTREACH AND PUBLIC
ASSISTANCE
A number of opportunities exist for the public to
obtain RCRA program information and assistance.
These include grants, the Freedom of Information
Act, EPA Office of Ombudsman, the RCRA
Information Center, and the RCRA, Superfund &
EPCRA Call Center.
VII-8
-------
Section VII: Public Participation
• Grants
Under RCRA §7007, EPA has the authority to
provide grants to states, municipalities, educational
institutions, or any other organization to help these
groups effectively implement training programs that
demonstrate solid waste management and resource
recovery operations. Such grants provide
governments and nonprofit organizations with the
opportunity to further the goals of Act through
public outreach.
• Freedom of Information Act
The Freedom of Information Act (FOIA)
provides private parties with the right to obtain
information in the possession of the government.
Unless materials are promptly published and copies
are offered for sale, each agency must make
information available for public inspection and
copying. FOIA requires each agency to establish
procedures for handling requests regarding
government statutes, regulations, standards, permit
conditions, requirements, orders, and policies.
There are certain materials which are not subject
to FOIA. These include:
• Draft materials
• Matters of national defense or foreign policy
• Material related solely to internal personnel
rules and practices
• Trade secrets and privileged commercial or
financial information
• Investigation material collected for enforcement
purposes
• Geological and geophysical information and
data.
EPA has pursued a policy of fully disclosing its
records to the public, consistent with the rights of
individuals to privacy, the rights of persons entitled
to protection under confidential business
information (CBI) provisions, and the need for EPA
to promote internal policy deliberations. EPA will
disclose information to any requester to the fullest
extent possible without unjustifiable expense or
unnecessary delay.
• EPA's Office of Ombudsman
In order to create a central clearinghouse for
public concerns on matters relating to the
implementation and enforcement of RCRA, EPA
established the Office of Ombudsman and appointed
a Hazardous Waste Ombudsman at EPA
Headquarters and each EPA Region. The primary
responsibilities of the Ombudsman are to respond to
questions and complaints regarding implementation
of the RCRA program. Additionally, the
Ombudsman makes recommendations to the EPA
Administrator based on inquiries received. The
EPA Headquarters Ombudsman may be reached by
contacting:
Office of Ombudsman
U.S. Environmental Protection Agency
Office of Solid Waste and Emergency Response
1200 Pennsylvania Avenue, N.W.
Washington, DC 20460
(800) 262-7937
• EPA Docket Center
Each time a rulemaking process is announced, a
docket is established to store materials (e.g., Federal
Registers, supporting documentation, and public
comments) throughout the rulemaking process.
Paper dockets, electronic dockets, and information
centers serve as the respository for this information.
In September 2002, EPA consolidated many of the
docket facilities located in the Metropolitan
Washington area into one combined docket facility.
The new docket facility, the EPA Docket Center,
supports several EPA programs, including the
Resource Conservation and Recovery Act (RCRA),
the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), the Oil
Pollution Act (OPA), the Clean Air Act (CAA), the
Toxic Substances Control Act (TSCA), the Toxic
Release Inventory (TRI), the Safe Drinking Water
VII-9
-------
Section VII: Public Participation
Act (SDWA), and the Clean Water Act (CWA). The
EPA Docket Center is located at:
EPA West
RoomB102
1301 Constitution Avenue, NW
Washington, DC 20014
Hours of operation are 8:30 a.m. to 4:30 p.m.,
EST, Monday through Friday, excluding federal
holidays.
In addition to the EPA Docket Center, EPA
maintains an electronic public docket system, known
as EPA Dockets (EDOCKET). EDOCKET allows
an individual to search, download, and print the
documents in a docket, as well as submit comments
online. This docket is available at www.epa.gov/
edocket
• RCRA, Superfund & EPCRA Call
Center
The RCRA, Superfund & EPCRA Call
Center is a publicly accessible service which
provides up-to-date regulatory information. The
Call Center responds to factual questions on federal
EPA regulations developed under RCRA, CERCLA,
EPCRA, the Oil Pollution Act (OPA), and SPCC.
The Call Center is staffed by professionals who are
completely familiar with the latest issues and
regulations affecting the hazardous waste program.
The Call Center is open Monday through Friday
from 9:00 a.m. to 5:00 p.m., EST, and may be
contacted at either (703) 412-9810, or toll-free,
(800) 424-9346.
SUMMARY
EPA is committed to involving the public in the
development and implementation of the solid waste,
hazardous waste, and UST regulations and seeks to
empower communities to become involved in local
RCRA-related activities. To achieve these goals, the
RCRA public participation requirements bring
government, private industry, public interest groups,
and citizens together to make important decisions
about hazardous waste management facilities.
A focus of RCRA public participation is the
involvement of the public in the hazardous waste
TSDF permitting process. The public interaction
occurs during pre-application meetings, public
comment and response periods, and public hearings.
RCRA includes specific provisions to involve the
public in all stages of the hazardous waste TSDF
permitting process: prior to the initial permit
application; after draft permit issuance; and during
permit modifications, permit renewals, post-closure
permits, and trial burns.
In addition, RCRA requires public involvement
during Subtitle C corrective action, whether such
cleanups are instituted through a permit or order, or
conducted voluntarily. RCRA also requires public
involvement when EPA authorizes states to
implement the hazardous waste regulations.
While RCRA's initiatives to facilitate'public
participation during hazardous waste TSDF
permitting, corrective action, and state authorization
are limited to the RCRA Subtitle C program, EPA is
required to comply with the public involvement
provisions under APA for all formal rulemakings
under all RCRA subtitles. •
Consistent with Executive Order 12898,
directing federal agencies to identify and address
environmental concerns and issues of minority and
low-income communities, EPA encourages allowing
all segments of the population equal access to
information pertaining to the RCRA program.
To assist in disseminating information and
promoting public education about the RCRA
program, EPA engages in several outreach and
public assistance mechanisms. The Agency
provides training grants, allows access to
information through the Freedom of Information
Act, and provides program information through the
EPA Office of Ombudsman, the RCRA Information
Center, and the RCRA, Superfund & EPCRA Call
Center.
ADDITIONAL RESOURCES
Additional information about the topics covered
in this chapter can be found at: www.epa.gov/
epaoswer/hazwaste/permit/pubpart/index.htm.
VII-10
-------
APPENDIX A
HAZARDOUS WASTE MANIFEST
A-1
-------
-------
, F
1
lease print or type (Form designed for use on elite (12 • pitch) typewriter)
Form Approved. OMB No. 2050 - 0039 Expires 9-30-91
WASTE MANIFEST i ' I I I I I I I I I I Dlocu1men|t Noj
4. Generator's Phone ( )
, LJ
, „ _ LJ
; 1 1
US EPA ID Number
US EPA ID Number
I I I I I I 1 II
US EPA ID Number
1 1 . US DOT Description (Including Proper Shipping Name, Hazard Class, and ID Number) 1 2. Contain
No.
a.
.
1 1
1 1
1 1
1 1
J, Additional Descriptions for Materials Listed Above
2. Page 1 Information in the shaded areas
of is not required by Federal
A. State Manifest Document Number
B. State Generator's ID
C. State Transporter's ID
E. State Transporter's ID
G. State Facility's ID
H. Facility's Phone
ers 13.
Total
1 I I I I
1 1 1 1 1
1 1 1 1 1
14. .
Unit
Wt/Vol Waste No'
1
K. Handling Codes for Wastes Listed Above
proper shipping name and are classified, packed, marked, and labeled, a'nd are In all respects In proper condition for transport by highway
according to applicable International and national government regulations. «"»fui uy nignway
If I am a large quantity generator, I certify that I have a program In place to reduce the volume and toxlclty of waste generated to the degree I have determined to be
fuuTraThmlt tSrhum»n h«?,h *** 'J?'™ sflected "» practicable method of treatment, storage, or disposal currently available to me which minimizes the present and
[heTesTr te^mem m^'^TvISi.^ me In**™^^9*™™' ' ^ ^ ' 3°°d ™" *«°n '° m'n'mize ^ Waste *'™«°» ™« ""«
Signature
Signature
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Month Day Year
1 1 [ 1 1 1
Month Day Year
1 1 II 1 1 1
Month Day Year
1 1 1 II 1
Signature
Month Day Year
1 1 1 1 1 1
-------
-------
APPENDIX B
LAND DISPOSAL RESTRICTIONS
NOTIFICATION REQUIREMENTS
Generators: Generators must send a notification with the initial shipment of every waste to a TSDF. If
the waste, process, or receiving facility changes, another notification is required. The information that the
notification must include varies according to the status of the waste. Waste that needs treatment before it can
be disposed of will have different information than waste that can be disposed of without treatment. Below
is a table that details the required elements for LDR notifications.
Required Notification Information
1 . EPA hazardous waste and
manifest numbers of first
shipment
2. Statement: This waste is
subject to LDR
3. Statement: This waste is not
prohibited from land disposal
4. The constituents of concern and
any underlying hazardous
constituents (if applicable)
5. Indication whether it is
wastewater or nonwastewater
6. Waste analysis data
(when available)
7. Date the waste will be prohibited
from land disposal
8. For hazardous debris, when
treating with the alternative
treatment technologies, list the
contaminants subject to treatment
9. For contaminated soil, list the
constituents subject to treatment
and state whether the soil
contains hazardous waste and
meets the treatment standard
10. A certification is needed
(see applicable section for
exact wording)
Waste Needs to Meet
Treatment Standard
X
X
X
X
X
X
X
Waste Meets
Treatment Standard
X
X
X
X
X
X
X
Waste Is Not Subject
to Treatment Standard
X
X
X
X
X
Waste Is In
Lab Packs
X
X
B-1
-------
Appendix B: Land Disposal Restrictions Notification Requirements
Treatment Facilities: Treatment facilities have to send similar notifications along with the shipment of
treated wastes to disposal facilities. A certification must be included stating that the waste meets the
treatment standards and may be land disposed. Below is a table detailing the information required for
treatment facility notifications. ;
Required Notification Information
1.
2.
3.
4.
5.
6.
10.
EPA hazardous waste and manifest
number of first shipment
Statement that the waste is subject to LDR
The constituents of concern and any
underlying hazardous constituents (if
applicable)
Indication whether it is wastewater or
nonwastewater
Waste analysis data (when available)
For contaminated soil, list the constituents
subject to treatment and state whether the
soil contains hazardous waste and meets
the treatment standard
A certification statement is needed (see
applicable section for exact wording)
Waste Is Treated and
Sent for Disposal
X
X
X
X
X
X
X
B-2
-------
APPENDIX C
UNDERGROUND STORAGE TANK
NOTIFICATION FORM
C-1
-------
-------
xvEPA
United States
Environmental Protection Agency
Washington, DC 20460
Form Approved.
OMB No.2050-0068
Notification for Underground Storage Tanks
State Agency Name and Address:
TYPE OF NOTIFICATION
STATE USE ONLY
ID NUMBERr
DATE RECEIVED:
DATE ENTERED INTO COMPUTER:
DA.
NEW FACILITY
D
B. AMENDED
D
C. CLOSURE
DATA ENTRY CLERK INITIALS:
.Number of tanks
at facility
Number of continuation sheets attached
OWNER WAS CONTACTED TO CLARIFY RESPONSES, COMMENTS:
INSTRUCTIONS AND GENERAL INFORMATION
Please type or print in ink. Also, be sure you have signatures in ink for sections
VIII and X\. Complete a notification form for each location containing
underground storage tanks. If more than 5 tanks are owned at this location, you
may photocopy pages 3 through 5 and use them for additional tanks.
The primary purpose of this notification program is to locate and evaluate
underground storage tank systems (USTs) that store or have stored petroleum
or hazardous substances. The information you provide will be based on
reasonably available records, or in the absence of such records, your
knowledge or recollection.
Federal law requires UST owners to use this notification form for all
USTs storing regulated substances that are brought into use after May 8,
1986, or USTs in the ground as of May 8,1986 that have stored regulated
substances at any time since January 1,1974. The information
requested is required by Section 9002 of the Resource Conservation and
Recovery Act (RCRA), as amended.
Who Must Notify? Section 9002 of RCRA, as amended, requires owners of
USTs that store regulated substances (unless exempted) to notify designated
State or local agencies of the existence of their USTs. "Owner" is defined as:
• In the case of an UST in use on November 8,1984, or brought into use after
that date, any person who owns an UST used for storage, use, or dispensing
of regulated substances; or
• In the case of an UST in use before November 8,1984, but no longer in use
on that date, any person who owned the UST immediately before its
discontinuation.
Also, if the State so requires, any facility that has made any changes to facility
information or UST system status, must submit a notification form (only
amended information needs to be included).
What USTs Are Included? An UST system is defined as any one or
combination of tanks that (1) is used to contain an accumulation of regulated
substances, and (2) whose volume (including connected underground piping) is
10% or more beneath the ground. Regulated USTs store petroleum or
hazardous substances (see the following "What Substances Are Covered").
I. OWNERSHIP OF UST(s)
Owner Name (Corporation, Individual, Public Agency, or Other Entity)
What Tanks Are Excluded From Notification?
• Tanks removed from the ground before May 8,1986;
• Farm or residential tanks of 1,100 gallons or less capacity storing motor fuel for
noncommercial purposes;
• Tanks storing heating oil for use on the premises where stored;
• Septic tanks;
• Pipeline facilities (including gathering lines) regulated under the Natural Gas
Pipeline Safety Act of 1968, or the Hazardous Liquid Pipeline Safety Act of
1979, or which is an intrastate pipeline facility regulated understate laws;
• Surface impoundments, pits, ponds, or lagoons;
• Storm water or waste water collection systems;
• Flow-through process tanks;
• Liquid traps or associated gathering lines directly related to oil or gas production
and gathering operations;
• Tanks on or above the floor of underground areas, such as basements or
tunnels;
• Tanks with a capacity of 110 gallons or less.
What Substances Are Covered? The notification requirements apply to USTs
containing petroleum or certain hazardous substances. Petroleum includes
gasoline, used oil, dieselfuel, crude oil or any fraction thereof which is liquid at
standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7
pounds per square inch absolute). Hazardous substances are those found in
Section 101 (14) of the Comprehensive Environmental Response, Compensation
and Liability Act of 1980 (CERCLA), with the exception of those substances
regulated as hazardous waste under Subtitle C of RCRA.
Where To Notify? Send completed forms to:
When To Notify? 1. Owners of USTs in use or that have been taken out of
operation after January 1,1974, but still in the ground, must notify by May 8,1986.
2. Owners who bring USTs into use after May 8,1986, must notify within 30 days
of bringing the UST into use. 3. If the State requires notification of any
amendments to facility, send information to State agency immediately.
Penalties: Any owner who knowingly fails to notify or submits false information
shall be subject to a civil penalty not to exceed $11,000 for each tank for which
notification is not given or for which false information is given.
II. LOCATION OF UST(s)
If required by State, give the geographic location of USTs by degrees, minutes, and
seconds. Example: Latitude 42 ° 36' 12" N, Longitude 85 ° 24' 17" W
Latitude Longitude
Street Address
County
Facility Name or Company Site Identifier, as applicable
City
State
Zip Code
n If address is the same as in Section I, check the box and proceed to section III.
If address is different, enter address below:
Street Address
County
Phone Number (Include Area Code)
City
State
Zip Code
EPA Form 7530-1 (Rev. 9-98) Electronic and paper versions acceptable.
Previous editions may be used while supplies last.
Pagel of 5
-------
vvEPA
United States
Environmental Protection Agency
Washington, DC 20460
Form Approved.
OMB No.2050-0068
Notification for Underground Storage Tanks
III. TYPE OF OWNER
I I Federal Government
I I Stats Government I I Commercial
LJ Local Government I—I Private
IV. INDIAN COUNTRY
I I Gas Station
I I Petroleum Distributor
D Air Taxi (Airline)
LJ Aircraft Owner
LJ Auto Dealership
Name:
USTs are located on land within an Indian
Reservation or on trust lands outside
reservation boundaries.
USTs are owned by a Native American
nation or tribe.
, V. TYPE OF FACILITY
EU Railroad
LJ Federal - Non-Military
LJ Federal - Military
I—I Industrial
I I Contractor
D
Tribe or Nation where USTs are located:
I I Trucking/Transport
CH Utilities
I I Residential
I—I Farm
CH Other (Explain).
VI. CONTACT PERSON IN CHARGE OF TANKS
Job Title: Address:
VII. FINANCIAL RESPONSIBILITY
I ll have met the financial responsibility requirements (in accordance with 40 CFR Subpart H) by using the following mechanisms:
Check All that Apply
Dl—I '—'
Self Insurance I—I Guarantee
LJ Commercial Insurance I—I Surety Bond
LJ Risk Retention Group LJ Letter of Credit
Phone Number (Include Area Code):
State Funds
Trust Fund
Other Method (describe here)
D
Local Government Financial Test
Bond Rating Test
VIII. CERTIFICATION (Read and sign after completing ALL SECTIONS ofthis notificatioh form)
I certify under penalty of law that I have personally examined and am familiar with the information submitted in Sections I through XI of this notification form and all
attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, 1 believe that the submitted information
Is true, accurate, and complete. !
Name and official title of owner or owner's
authorized representative (Print)
Signature
; Date Signed
Paperwork Reduction Act Notice '
EPA estimates public reporting burden for this form to average 30 minutes per response including time for reviewing Instructions, gathering and maintaining the data needed and completing
and reviewing the form. Send comments regarding this burden estimate to Director, OP, Regulatory Information Division (2137), U.S. Environmental Protection Agency, 401 M Street,
Washington D.C. 20460, marked "Attention Desk Officer for EPA." This form amends the previous notification form as printed in 40 CFR Part 280, Appendix I. Previous editions of this
notification form may be used while supplies last. ',
EPA Form 7530-1 (Rev. 9-98) Electronic and paper versions acceptable.
Previous editions may be used while supplies last.
Page 2 of 5
-------
— fc mt—f^in United States Form Approved.
&EPn Environmental Protection Agency OMB No.205o-oo68
^^ ^™ Washington, DC 20460
Notification for Underground Storage Tanks
i i " - i : -'-••- - ' • . •* -
IX. [DESCRIPTION OF UNDERGROUND0STORAGETANKS;(pomplete for all tanks and piping at this location.)
Tank Identification Number
1. Status of Tank (check only one) Currently In Use
Temporarily Closed
Permanently Closed
2. Date of Installation (month/year)
3. Estimated Total Capacity (gallons)
4. Material of Construction (check all that apply)
Asphalt Coated or Bare Steel
Cathodically Protected Steel
Coated and Cathodically Protected Steel
Composite (Steel Clad with Fiberglass)
Fiberglass Reinforced Plastic
Lined Interior
Excavation Liner
Double Walled
Polyethylene Tank Jacket
Concrete
Unknown
If Other, please specify here
Check box if tank has ever been repaired
5. Piping Material (check all that apply) Bare Steel
Galvanized Steel
Fiberglass Reinforced Plastic
Copper
Cathodically Protected
Double Walled
Secondary Containment
Unknown
Other, please specify
6. Piping Type "Safe" Suction (no valve at tank)
(Check all that apply) "U.S." Suction (valve at tank)
Pressure
Gravity Feed
Check box if piping has ever been repaired
Tank No.
n
G
n -
n
n
n
n
n
n
Q
n
n
n
n
n
n
n
n
G
n
n
n
n
n
n
G
n
n
Tank No.
n
n
n
D
G
n
n
n
n
n
n
n
n
n
n
n
n
n
G
n
G
n
n
n
G
G
n
n
Tank No.
G
D
n
n
n
n
n
n
n
n
n
n
n
n
n
n
n
n
n
n
G
n
n
n
G
G
n
n
Tank No.
D
G
n
G
G
n
n
G
n
n
n
n
n
n
n
n
n
G
G
n
G
n
G
n
n
n
G
n
Tank No.
G
n
n
G
n
n
G
G
G
D
G
G
G
n
n
G
n
G
G
G
n "•
n
n
G
G
G :
D
, n
EPA Form 7530-1 (Rev. 9-98) Electronic and paper versions acceptable.
Previous editions may be used while supplies last.
Page 3 of 5
-------
£*• l""^i/V United States
lB*gri j 9/\ Environmental Protection Agency
^^*~* " " Washington, DC 20460
i Form Approved.
OMB No.2050-0068
Notification for Underground Storage Tanks
Tank Identification Number
7. Substance Currently Stored (or last Gasoline
stored In the case of closed tanks) Diesel
( Check aH that apply) Gasohol
Kerosene
Heating Oil
Used Oil
If Other, please specify here
i Hazardous Substance
CERCLA name and/or
CAS number
Mixture of Substances
Please specify here
8. Release Detection (check all that apply)
Manual tank gauging
Tank tightness testing
Inventory Control
Automatic tank gauging
Vapor monitoring
Graundwater monitoring
Interstitial monitoring
Automatic line leak detectors
Line tightness testing
No release detection required (such as some types of
suction piping, emergency generator tanks or field
constructed tanks)
Other method allowed by Implementing agency
(such as SIR)
Please specify other method here
9. Split and Overfill Protection
Overfill device installed
Spill device installed
Tank No
nnnnnD
°
D
TANK
n
n
n
n
n
n
n
n
n
PIPE
D
n
n
n
n
n
D
n
n
tank No
nnnnnn
n
°
TANK
n
n
n
n
n
n
n
D
n
PIPE
n
n
a
n
a
a
n
n
n :
Tank Nn
n
n
n
n
TANK
n
n
n
n
n
n
n
n
°
PIPE
n
n
n
n
n
n
D
n
n
Tank Nn
nnnnnn
n.
n I
TANK
n
n
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EPA Form 7530-1 (Rev. 9-98) Electronic and paper versions acceptable.
Previous editions may be used while supplies last.
Page 4 of 5
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£^ ^"HTlJ^ United States - Form Approved.
^fSrtrirV Environmental Protection Agency OMB No.205o-oo68
^^ Washington, DC 20460
Notification for Underground Storage Tanks
Tank Identification Number
Tank No.
Tank Nn
Tank No.
Tank No
Tank No.
: .|, ; . X. CLOSURE OR CHANGE IN SERVICE ;
1 . Closure or Change in Service
Estimated date the UST was last used for storing regulated
substances (month/day/year)
>
Check box if this is a change in service
2. Tank Closure
Estimated date tank closed (month/day/year)
(check all that apply below)
Tank was removed from ground
Tank was closed in ground
Tank filled with inert material
Describe the inert fill material here
3. Site Assessment
Check box if the site assessment was completed
Check box if evidence of a leak was detected
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XI. CERTIFICATION OF INSTALLATION (COMPLETE FOR UST SYSTEMS INSTALLED AFTER DECEMBER 22, 1988)
Installer Of Tank And Piping Must Check All That Apply:
Installer certified by tank and piping manufacturers
Installer certified or licensed by the implementing agency
Installation inspected by a registered engineer
Installation inspected and approved by implementing agency
Manufacturer's installation checklists have been completed
Another method allowed by State agency
If so, please specify here
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Signature of UST Installer Certifying Proper Installation of UST System
Name Signature
Position • Company
Date
EPA Form 7530-1 (Rev. 9-98) Electronic and paper versions acceptable.
Previous editions may be used while supplies last
Page 5 of 5
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APPENDIX D
GLOSSARY
The terms below are defined as they pertain to the
Resource Conservation and Recovery Act.
Abandoned For purposes of defining a material as
a solid waste under RCRA Subtitle C, a material that
is disposed of, burned, or incinerated.
Accumulated Speculatively Storage of a material
in lieu of expeditious recycling. Materials are
usually accumulated Speculatively if the waste being
stored has no viable market or if a facility cannot
demonstrate that at least 75 percent of the material
has been recycled in a calendar year.
Acknowledgment of Consent Notice sent by EPA
to an exporter of hazardous waste, indicating that the
importing country has agreed to accept such waste.
Action Levels For purposes of Subtitle C corrective
action, risk-based concentrations of hazardous
constituents in ground water, soil, or sediment that
may trigger further investigation into possible
contamination at a particular site.
Administrative Action Enforcement action taken
by EPA or a state under its own authority, without
involving a judicial court process.
Administrative Procedures Act The Act that
establishes rulemaking procedures as well as site-
specific licensing procedures, access to agency
information, and procedures and standards for
judicial review of agency actions. All environmental
rulemakings proposed and finalized by EPA include
public participation throughout the process.
Aggregation Points Centers that accept used oil
only from places owned by the same owner and
operator as the aggregation point, or from do-it-
yourselfers.
Alternative Concentration Limits For purposes of
TSDF ground water monitoring, hazardous
constituent limits established by the EPA Regional
Administrator that are allowed to be present in
ground water.
Annual Aggregate For purposes of UST financial
responsibility, the total amount of UST financial
responsibility coverage required to cover all leaks
that might occur in one year.
Applicable or Relevant and Appropriate
Requirements Standards, criteria, or limitations
under federal or more stringent state environmental
laws, including RCRA, that may be required during
a Superfund remedial action, unless site-specific
waivers are obtained.
Authorized State A state that has been delegated
the authority by EPA to implement and enforce its
own regulations for hazardous waste management
under RCRA. The state program must be at least as
stringent as the federal standards.
Automatic Tank Gauging A release detection
method for USTs that uses a probe in the tank that is
wired to a monitor to provide information on product
level and temperature.
D-1
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Appendix D: Glossary
Basel Convention The international treaty that
establishes standards for global trade of hazardous
waste, municipal waste, and municipal incinerator
ash. Because the United States is not a party to the
convention, U.S. businesses can only export waste to
those countries with which the U.S. government has
negotiated a separate waste trade agreement.
Bentsen Wastes Geothermal exploration,
development, and production waste exempt from
RCRA Subtitle C regulation.
Best Demonstrated Available Technology The
technology that best minimizes the mobility or
toxicity (or both) of the hazardous constituents for a
particular waste.
Bevill Wastes Fossil fuel combustion wastes,
mining and mineral processing wastes, and cement
kiln dust wastes exempt from RCRA Subtitle C
regulation.
Biennial Report A report submitted by hazardous
waste LQGs and TSDFs to enable EPA and the states
to track the quantities of hazardous waste generated
and the movements of those hazardous wastes.
Boiler An enclosed device that uses controlled
flame combustion to recover and deliver energy in
the form of steam, heated fluid, or heated gases.
Bottom Ash Ash that collects at the bottom of a
combustion chamber.
Burners Handlers who burn used oil for energy
recovery in boilers, industrial furnaces, or hazardous
waste incinerators.
Burning for Energy Recovery Burning hazardous
waste for its heating value as a fuel, and using
wastes to produce fuels or as ingredients in fuels.
By-Products Materials that are not one of the
intended products of a production process and
includes most wastes that are not spent materials or
sludges.
California List Interim LDR treatment standards
that ensured adequate protection of human health
and the environment during the time EPA was
promulgating final LDR treatment standards.
Capacity Assurance Plan A written statement
which ensures that a state has hazardous waste
treatment and disposal capacity. This capacity must
be for facilities that are in compliance with RCRA
Subtitle C requirements and must be adequate to
manage hazardous wastes projected to be generated
within the state over 20 years. :
i
Cathode Ray Tubes Vacuum tubes, made primarily
of glass, which constitute the video display
component of televisions and comptuer monitors.
These tubes are generally hazardous for lead.
Cathodic Protection A form of corrosion
protection for USTs that uses sacrificial anodes or a
direct current source to protect steel by halting the
naturally occurring electrochemical process that
causes corrosion.
Cement Kiln Type of industrial furnace that
receives hazardous waste to burn as fuel to run its
cement process. Cement is produced by heating
mixtures of limestone and other minerals or
additives at high temperatures in a rotary kiln,
followed by cooling, grinding, and finish mixing.
Change in Service Using a formerly regulated UST
system to store a nonregulated substance.
Characteristic Waste Waste that is considered
hazardous under RCRA because it exhibits any of
four different properties: ignitability, corrosivity,
reactivity, and toxicity. '
Civil Action A formal lawsuit, filed in court, against
a person who has either failed to comply with a
statutory or regulatory requirement or an
administrative order, or against a person \yho has
contributed to a release of hazardous waste or
hazardous constituents.
Clean Air Act The Act that regulates air emissions
from area, stationary, and mobile sources. CAA
limits the emission of pollutants into the atmosphere
in order to protect human health and the :
environment from the effects of airborne pollution.
Clean Closure The process of completely removing
all waste that was treated, stored, or disposed in a
hazardous waste unit.
D-2
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AppendixD: Glossary'
Clean Water Act The Act that sets the basic
structure for regulating discharges of pollutants to
surface waters of the United States. CWA imposes
contaminant limitations or guidelines for all
discharges of wastewater into the nation's
waterways.
Closure The procedure that a solid or hazardous
waste management facility undergoes to cease
operations and ensure protection of human health
and the environment in the future.
Codification The process by which final
regulations are incorporated into the CFR, which is
published annually.
Collection Centers Centers that accept used oil
from multiple sources, including both businesses and
private citizens.
Combustion The controlled burning in an enclosed
area as a means of treating or disposing of hazardous
waste.
Commercial Chemical Products Unused or off-
specification chemicals, spill or container residues,
and other unused manufactured products that are not
typically considered chemicals. For the purposes of
hazardous waste listings, CCPs include only unused,
pure chemical products and formulations.
Compliance Monitoring For purposes of RCRA
TSDF ground water monitoring, a program that
seeks to ensure that the amount of hazardous waste
that has leaked into the uppermost aquifer does not
exceed acceptable levels.
Composting Processes designed to optimize the
natural decomposition or decay of organic matter,
such as leaves and food. The end product of
composting is a humus-like material that can be
added to soils to increase soil fertility, aeration, and
nutrient retention.
Comprehensive Environmental Response,
Compensation, and Liability Act The Act that
authorizes EPA to clean up uncontrolled or
abandoned hazardous waste sites and respond to
accidents, spills and other emergency releases of
hazardous substances. CERCLA provides EPA with
enforcement authority to ensure that responsible
parties pay the cleanup costs of remediating a site
contaminated with hazardous substances.
Comprehensive Environmental Response,
Compensation, and Liability Information System
A computerized database used to track hazardous
substance sites.
Comprehensive Performance Testing The initial
and periodic evaluation procedure for demonstrating
compliance with the national emission standards for
hazardous air pollutants and establishes revised
operating limits for hazardous waste combustors.
Comprehensive Procurement Guidelines A list,
updated every two years, which designates items
with recycled content that procuring agencies should
aim to purchase. This list currently contains 54
items within 8 product categories.
Concentration Limits For purposes of TSDF
ground water monitoring, the maximum levels of
hazardous constituents allowed to be present in the
ground water.
Conditionally Exempt Small Quantity
Generators Facilities that produce less than 100 kg
of hazardous waste, or less than 1 kg of acutely
hazardous waste, per calendar month. A CESQG
may only accumulate less than 1,000 kg of
hazardous waste, 1 kg of acutely hazardous waste, or
100 kg of spill residue from acutely hazardous waste
at any one time.
Construction Quality Assurance A program
required by EPA to ensure that a landfill, surface
impoundment, or waste pile meets all of the
technological requirements.
D-3
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Appendix D: Glossary
Contained-In Policy An EPA policy that
determines the health threats posed by contaminated
environmental media and debris, and whether such
materials must be managed as RCRA hazardous
wastes.
Containers Portable devices in which a material is
stored, transported, treated, or otherwise handled.
Containment Building A completely enclosed
structure used to store or treat noncontainerized
waste.
Continuous Emission Monitoring Systems A
system that directly and continuously measures one
or more pollutants exiting a combustion unit.
Continuous Monitoring Systems A device which
continuously samples the regulated parameter
without interruption, evaluates the detector response
at least once every 15 seconds, and computes and
records the average value at least every 60 seconds.
Cooperative Agreement An agreement between a
state and EPA which ensures that the state will spend
money from the LUST Trust Fund for its intended
purpose.
Corporate Guarantee The demonstration that a
corporate grandparent, corporate parent, or sibling
corporation can meet financial assurance
requirements on behalf of a TSDF owner and
operator, or the financial responsibility requirements
on behalf of an UST owner and operator. Firms with
a "substantial business relationship" with an UST
owner and operator can also make this
demonstration.
Corrective Action An EPA program to address the
investigation and cleanup of contamination from
solid waste facilities, hazardous waste facilities, and
USTs.
Corrective Action Management Unit A physical,
geographical area designated by EPA or states for
managing remediation wastes during corrective
action.
Corrosivity Characteristic The characteristic
which identifies wastes that are acidic or alkaline
(basic) and can readily corrode or dissolve flesh,
metal, or other materials.
Counting Totaling the hazardous wastes at a given
facility for a particular month in order to determine
hazardous waste generator status.
Covered States States that participated in EPA's
medical waste tracking program from June 22, 1989
to June 22,1991, which included Connecticut, New
Jersey, New York, Rhode Island, and the
Commonwealth of Puerto Rico. j
Cradle to Grave The time period referring to the
initial generation of hazardous waste^to its ultimate
disposal.
Criminal Action Enforcement action reserved for
the most serious violations, which can result in fines
or imprisonment.
De minimis Very small amounts of hazardous waste
that are discharged to wastewater treatment facilities
and thus, are exempt from the mixture rule. De
minimis also refers to small concentrations of
regulated substances in an UST.
Debris A broad category of large manufactured and
naturally occurring objects that are commonly
discarded (e.g., construction materials,
decommissioned industrial equipment, discarded
manufactured objects, tree 'trunks, boulders).
Delisting A site-specific petition process whereby a
handler can demonstrate to EPA that a particular
wastestream generated at its facility that meets a
listing description does not pose sufficient hazard to
warrant RCRA regulation. Ov/ners and operators
can also use the delisting process for wastes that are
hazardous under the mixture and derived-from rules
that pose minimal hazard to human health and the
environment. j
Derived-From Rule A rule that regulates residues
from the treatment of listed hazardous wastes.
Designated Facility A hazardous waste treatment,
storage, or disposal facility which has received a
RCRA permit (or interim status), or is a recycling
facility regulated under 40 CFR Section 261.2(c)(2)
or Subpart F, of Section 266, and has been
designated on the manifest by the generator.
D-4
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Appendix D; Glossary
Destination Facilities Facilities that treat, dispose
of, or recycle a particular category of universal
waste.
Destruction and Removal Efficiency Standard
which verifies that a combustion unit is destroying
the organic components found in hazardous waste.
Detection Monitoring For purposes of RCRA
TSDF ground water monitoring, the first step of
monitoring at land disposal units, where the owner
and operator monitors for indication of a leak from
the unit, looking for potential changes in the ground
water quality from normal (background) levels.
Dilution Prohibition The LDR requirement that
prohibits the addition of soil or water to waste in
order to reduce the concentrations of hazardous
constituents instead of treatment by the appropriate
LDR treatment standards.
Direct Discharges Discharges from point sources
into surface water pursuant to a CWA NPDES
permit.
Disposal The discharge, deposit, injection,
dumping, spilling, leaking, or placing of any solid or
hazardous waste on or in the land or water.
Disposal Prohibition The LDR requirement that
prohibits the land disposal of hazardous waste that
has not been adequately treated to reduce the threat
posed by such waste.
Distillation Bottoms Residues that form at the
bottom of a distillation unit.
Do-it-Yourselfers Individuals who generate used
oil through the maintenance of their own personal
vehicles and equipment and are not considered used
oil generators.
Drip Pads Engineering structures consisting of a
curbed, free-draining base, constructed of non-
earthen materials, and designed to convey wood
preservative chemical drippage from treated wood,
precipitation, and surface water run-on to an
associated collection system at wood preserving
plants.
Elementary Neutralization Units Containers,
tanks, tank systems, transportation vehicles, or
vessels which neutralize wastes that are hazardous
only for exhibiting the characteristic of corrosivity.
Emergency Planning and Community Right-to-
Know Act The Act designed to help communities
prepare to respond in the event of a chemical
emergency and to increase the public's knowledge of
the presence and threat of hazardous chemicals.
Environmental Justice The fair distribution of
environmental risks across socioeconomic and racial
groups.
Environmental Media Materials such as soil,
surface water, ground water, and sediment.
EPA Identification Number A unique number
assigned by EPA to each hazardous waste generator,
transporter, or treatment, storage, and disposal
facility.
Episodic Generation The situation in which a
generator's status changes from one month to the
next, as determined by the amount of waste
generated in a particular month. If a generator's
status does in fact change, the generator is required
to comply with the respective regulatory
requirements for that class of generators for the
waste generated in that particular month.
Equipment Each valve, pump, compressor,
pressure relief device, sampling connection system,
open-ended valve or line, or flange or other
connector, and any other control devices or systems.
Exception Report A report, submitted by LQGs
and SQGs, detailing efforts to locate wastes when a
signed copy of the manifest has not been received.
Existing USTs USTs that were in service, or for
which installation had commenced on or before
December 22, 1988.
Extended Product Responsibility An approach to
environmental protection that strives to reduce the
environmental impacts of products.
D-5
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Appendix D: Glossary
Federal Insecticide, Fungicide, and Rodenticide
Act The Act that provides procedures for the
registration of pesticide products to control their
introduction into the marketplace.
Federal Procurement Program A program that
sets minimum recycled content standards for certain
designated items and requires procuring agencies to
purchase those items composed of the highest
percentage of recovered materials practicable.
Final Authorization Authorization by EPA that
indicates that a state's program is equivalent to, or no
less stringent than, as well as consistent with, federal
hazardous waste regulations.
Financial Assurance Under RCRA Subtitle C, the
requirements designed to ensure that TSDF owners
and operators will have the financial resources to
pay for closure, post-closure, and liability costs.
Under RCRA Subtitle D, the requirements designed
to ensure that MSWLF owners and operators will
have the financial resources to pay for closure, post-
closure, and corrective action costs.
Financial Test A test of self-insurance which
demonstrates that an owner and operator has
sufficient financial strength to satisfy TSDF
financial assurance or UST financial responsibility
requirements.
Float The lighter materials present in petroleum
refinery wastewater. As components of oily waste,
float rises to the surface in the first step of
wastewater treatment.
Fly Ash Particles of ash, such as particulate matter
which may also have metals attached them, that are
carried up the stack of a combustion unit with gases
during combustion.
Formal Action An enforcement action, frequently
in the form of an administrative order, that is taken
when a serious violation is detected, or when the
owner and operator does not respond to an informal
administrative action.
Freedom of Information Act The Act that grants
private parties the right to obtain information in the
government's possession. FOIA requires,each
federal agency to establish procedures for handling
requests regarding government statutes, regulations,
standards, permit conditions, requirements, orders,
and policies.
Full Cost Accounting An accounting approach that
helps local governments identify all direct and
indirect costs, as well as the past and future costs, of
a municipal solid waste management program.
Generator Any person whose act first creates or
produces a hazardous waste, used oil, or medical
waste, or first brings such materials into RCRA
regulation.
Green Buildings Buildings that are designed,
constructed, operated, and ultimately removed in
such a way as to minimize their environmental
impact.
i '<
Ground Water Monitoring Sampling and analysis
of ground water for the purpose of detecting the
release of contamination from a solid or hazardous
waste land-based unit. Ground water monitoring is
also a method of UST release detection which senses
the presence of liquid product floating in ground
water. [
Hammer Provisions Requirements written directly
into RCRA by Congress, as in the case of the
Hazardous and Solid Waste Amendments of 1984,
that would automatically become regulations if'EPA
failed to issue its own regulations by certain dates.
Hazard Communication Standard The OSHA
standard that provides workers with access to
information about the hazards and identities of the
chemicals they are exposed to while working, as
well as the measures they can take to protect
themselves. .
Hazard Ranking System A model devised under
CERCLA that determines the relative risk to public
health and the environment posed by hazardous
substances in ground water, surface water, air, and
soil. Only those sites with a score of 28;5 (on a scale
of 0 to 100) are eligible for placement on the NPL.
D-6
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Appendix D: Glossary
Hazardous Constituents For purposes of RCRA
TSDF ground water monitoring, those constituents
that have been detected in the uppermost aquifer and
are reasonably expected to be in or derived from the
waste contained in the unit.
Hazardous Substance A comprehensive
designation under CERCLA for RCRA hazardous
wastes as well as other toxic pollutants regulated by
CAA, CWA, and TSCA. EPA has the authority
under CERCLA to designate any additional element,
compound, mixture, or solution as a hazardous
substance. The definition of hazardous substance
specifically excludes petroleum and natural gas.
Hazardous Waste A waste with properties that
make it dangerous, or capable of having a harmful
effect on human health and the environment. Under
the RCRA program, hazardous wastes are
specifically defined as wastes that meet a particular
listing description or that exhibit a characteristic of
hazardous waste.
Hazardous Waste Operations and Emergency
Response Worker Protection Standard The
OSHA standard that protects the health and safety of
workers engaged in operations at hazardous waste
sites, hazardous waste treatment facilities, and
emergency response locations.
Ignitability characteristic The characteristic which
identifies wastes that can readily catch fire and
sustain combustion.
Incinerator An enclosed device that uses controlled
flame combustion and does not meet the criteria for
classification as a boiler, industrial furnace, sludge
dryer (a unit that dehydrates hazardous sludge), or
carbon regeneration unit (a unit that regenerates
spent activated carbon). Incinerators also include
infrared incinerators (units that use electric heat
followed by a controlled flame afterburner) and
plasma arc incinerators (units that use electrical
discharge followed by a controlled flame
afterburner).
Incorporation by Reference This occurs when the
regulatory language in a state's regulation actually
cite, or refer to, the federal regulations.
Indirect Discharges Wastewater that is first sent to
a POTW, and then after treatment by the POTW,
discharged pursuant to a NPDES permit.
Industrial Ecology The study of material and
energy flows and their transformations into products,
byproducts, and wastes throughout industrial and
ecological systems.
Industrial Furnace An enclosed unit that is an
integral part of a manufacturing process and uses
thermal treatment to recover materials or energy
from hazardous waste.
Informal Administrative Action Any
communication from EPA or a state agency that
notifies the handler of a problem.
Inherently Waste-Like For purposes of defining a
material as a solid waste under RCRA Subtitle C, a
material, such as dioxin-containing wastes, that is
always considered a solid waste because of its
intrinsic threat to human health and the environment.
Insurance A policy to cover the TSDF financial
assurance or UST financial responsibility
requirements.
Interim Authorization A temporary mechanism
that is intended to promote continued state
participation in hazardous waste management while
encouraging states to develop programs that are fully
equivalent to the federal program and will qualify
for final authorization.
Interim Measures Under RCRA Subtitle C
corrective action, short-term actions to control
ongoing risks while site characterization is underway
or before a final remedy is selected.
Interim Status Facilities TSDFs that were already
in operation when the RCRA standards were
established and that are operating under less
stringent standards until they receive a permit.
D-7
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Appendix D: Glossary
Interstitial Monitoring UST release detection
method that involves the use of secondary
containment, such as a barrier, outer wall, vault, or
liner around the UST or piping to prevent leaking
product from escaping into the environment. If
product escapes from the inner tank or piping, it will
then be directed towards an interstitial monitor
located between the walls.
Inventory Control An UST release detection
method that involves taking measurements of tank
contents, recording the amount of product pumped
each operating day, and reconciling this data at least
once a month to determine if a tank is leaking.
Jobs through Recycling A program EPA launched
in 1994 to support recycling markets. The goal of
the program is to foster markets for recycled goods
by promoting and assisting the development of
businesses using recovered materials, creating new
recycling jobs, and spurring innovative technologies.
Lab Packs Drums filled with many small
containers packed in nonbiodegradable absorbent
materials.
Land Disposal For purposes of RCRA Subtitle C
regulation, placement in or on the land, except in a
corrective action unit of hazardous waste, and
includes, but is not limited to, placement in a
landfill, surface impoundment, waste pile, injection
well, land treatment facility, salt dome formation,
salt bed formation, underground mine or cave, or
placement in a concrete vault, or bunker intended for
disposal purposes.
Land Treatment Units Also known as land farms,
land treatment units involve the application of
hazardous waste on the soil surface, or the
incorporation of waste into the upper layers of the
soil in order to degrade, transform, or immobilize
hazardous constituents present in hazardous waste.
Landfill For purposes of RCRA Subtitle C, a
disposal unit where nonliquid hazardous waste is
placed in or on the land.
Large Quantity Generators Facilities that generate
more than 1,000 kg of hazardous waste per calendar
month, or more than 1 kg of acutely hazardous waste
per calendar month.
Large Quantity Handlers of Universal Waste
Handlers that accumulate a total of 5000 kg or more
of universal waste at any one time.
Leachate Any liquid, including any suspended
components in the liquid, that has percolated through
or drained from waste.
Leaking Underground Storage Tank Trust Finnd
A fund created by SARA that provides money for
overseeing corrective action taken by a responsible
party, and provides money for cleanups at UST sites
where the owner and operator is unknown,
unwilling, or unable to respond.
Letter of Credit A credit document issued to an
owner and operator to cover TSDF financial
assurance or UST financial responsibility1
requirements.
Liabilities Damages that may result from an
unexpected release of contaminants into the
environment.
Lightweight Aggregate Kiln Type of industrial
furnace that produces lightweight aggregate and
burns liquid hazardous waste as fuel to nin its
process. Lightweight aggregate refers to'a wide
variety of raw materials (such as clay, shale, or slate)
which, after thermal processing, can be combined
with cement to form concrete products. Lightweight
aggregate is produced either for structural or thermal
insulation purposes.
Listed Wastes Wastes that are considered
hazardous under RCRA because they meet specific
listing descriptions. :
Manifest Paperwork that accompanies hazardous
waste from the point of generation to the point of
ultimate treatment, storage, or disposal, pach party
involved in the waste's management retains a copy
of the RCRA manifest, which contains specific
information about the waste.
Manual Tank Gauging A method of UST leak
detection that requires keeping the tank undisturbed
for at least 36 hours per week, during which time the
contents of the tank are measured to determine if the
tank is leaking. '
D-8
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Appendix D: Glossary
Marine Protection, Research, and Sanctuaries
Act This Act requires a permit for any material that
is transported from a U.S. port or by a U.S. vessel
for disposition at sea.
Marketers Used oil handlers who either 1) direct
shipments of used oil to be burned as fuel in
regulated devices, or 2) claim that used oil to be
burned for energy recovery is on-specification.
Maximum Achievable Control Technology
Process Technology-based concentration limits
developed under CAA to limit emissions of
individual constituents from hazardous waste
combustion units.
Maximum Contaminant Levels For purposes of
RCRA ground water monitoring, contaminant-
specific levels borrowed from SDWA that are the
maximum levels of hazardous waste or hazardous
constituents allowed to be present in the
groundwater.
Medical Waste Culture and stocks of infectious
agents, human pathological wastes, human blood
and blood products, used sharps, certain animal
wastes, certain isolation wastes, and unused sharps.
Memorandum of Agreement An agreement
between a state's director and its EPA Regional
Administrator outlining the nature of the
responsibilities to enforce a regulatory program and
defining the level of coordination and oversight
between EPA and the state agency.
Military Munitions For purposes of defining a
material as a solid waste under RCRA Subtitle C,
ammunition products and components produced for
or used by the military for national defense and
security.
Miscellaneous Units Hazardous waste treatment,
storage, or disposal units regulated under RCRA that
do not meet any of the other definitions of regulated
units.
Mixed Waste Radioactive waste that is also a
hazardous waste under RCRA. Such wastes are
jointly regulated by RCRA and Atomic Energy Act.
Mixture Rule A rule that is intended to ensure the
regulation of mixtures of listed wastes with
nonhazardous solid wastes.
Municipal Solid Waste Durable goods (e.g.,
appliances, tires, batteries), nondurable goods (e.g.,
newspapers, books, magazines), containers and
packaging, food wastes, yard trimmings, and
miscellaneous organic wastes from residential,
commercial, and industrial nonprocess sources.
Municipal Solid Waste Landfill A discrete area of
land or excavation that receives municipal solid
waste.
National Ambient Air Quality Standards
Regulations promulgated by EPA under the Clean
Air Act for six criteria pollutants— sulfur dioxide,
particulate matter, nitrogen dioxide, carbon
monoxide, ozone, and lead — in order to protect the
public from toxic emissions to the atmosphere.
National Corrective Action Prioritization System
A resource management tool by which EPA sets
priorities for the Subtitle C corrective action
program.
National Emission Standards for Hazardous Air
Pollutants Standards set by EPA under the Clean
Air Act to control emissions from specific industrial
sources.
National Oil and Hazardous Substances Pollution
Contingency Plan The NCP contains the
regulations that implement the CERCLA response
process. The NCP also provides information about
the roles and responsibilities of EPA, other federal
agencies, states, and private parties regarding
releases of hazardous substances.
National Priorities List EPA's priority hazardous
substance sites for cleanup. EPA only funds
remedial actions at hazardous waste sites on the
NPL.
New USTs USTs that are installed, or for which
installation has commenced, after December 22,
1988. New USTs must be installed in compliance
with all of the applicable technical standards.
D-9
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Appendix D: Glossary
Nonsudden Accidental Occurrences For purposes
of TSDF financial assurance, events that take place
over time and involve continuous or repeated
exposure to hazardous waste.
Notice of Deficiency A notice requiring that a
TSDF permit applicant supply more information for
a complete permit application.
Notice of Intent to Deny A notice issued by a
permitting agency which tells a TSDF permit
applicant that the application does not demonstrate
compliance with the RCRA standards.
Notice of Noncompliance An informal letter to a
handler written as part of an informal administrative
action.
Notice of Violation An informal letter to a handler
written as part of an informal administrative action.
Occupational Safety and Health Act The Act that
is designed to save lives, prevent injuries, and
protect the health of employees hi the workplace.
OSHA accomplishes these goals through several
regulatory requirements including the HCS and
HAZWOPER standards.
OECD Council Decision A multilateral agreement
by the Organization for Economic Cooperation and
Development that establishes procedural and
substantive controls for the import and export of
recyclables between member nations. Because the
United States is a member of the OECD, U.S.
businesses can trade recyclables with other member
nations.
Off-Specification Used Oil Used oil that is tested
and does not meet given parameters for arsenic,
cadmium, chromium, flash point, lead, and total
halogens.
Omnibus Provision The authority which allows
EPA to add conditions to a TSDF permit that are not
specifically addressed by the RCRA regulations.
On-Specification Used Oil Used oil that meets all
the given parameters for arsenic, cadmium,
chromium, flash point, lead, and total halogens.
Open Dumps Solid waste disposal facilities that
fail to comply with the Subtitle D criteria.
Operating Requirements Parameters established
by a facility and written into a permit that will
ensure a combustion unit meets numerical
performance standards.
Operation and Maintenance The operation and
maintenance phase of the CERCLA response
process. Operation and maintenance may include
activities such as ground water pump and treat, and
cap maintenance. EPA conducts review of operation
and maintenance activities to ensure that the remedy
selected is still protective of human health !and the
environment.
Overfiling When a state fails to enforce its
hazardous waste program properly, EPA can
overfile, or enforce a provision for which a
particular state has authorization.
Particulate Matter Small dust-like particles
emitted from hazardous waste combustion units.
Payment Bond For purposes of TSDF financial
assurance, a type of surety bond that will fund a
standby trust fund in the amount equal to the value
of the bond.
Per Occurrence For purposes of UST financial
responsibility, the amount of money that must be
available to pay for the costs from one leak.
Performance Bond For purposes of TSDF
financial assurance, a type of surety bond that
guarantees that an owner and operator will comply
with their closure, post-closure, and liability
requirements.
Performance Standards The numerical pollutant
emission limits for hazardous waste combustion
units developed by EPA.
Permanent Closure Closure of an UST that
involves a number of steps designed to ensure that
the tank will pose no threat to human health or the
environment after it is closed.
Permit-as-a-Shield The provision which ;ensures
that TSDF permittees will not be enforced; against
for violating new requirements that were not
established in the original permit.
D-10
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Appendix D: Glossary
Permit-by-Rule A special form of a RCRA permit
that is sometimes granted to facilities with permits
for activities under other environmental laws.
Permitted Facilities Facilities that have obtained a
TSDF permit from EPA or the state agency to
engage in the treatment, storage, or disposal of
hazardous waste.
Point of Compliance For purposes of RCRA TSDF
ground water monitoring, the vertical point where a
TSDF owner and operator must monitor the
uppermost aquifer to determine if the leak exceeds
the ground water protection standard.
Point Source Discharges Discharges of treated
wastewater directly into a lake, river, stream, or
other water body. Point source discharges are
regulated under CWA.
Pollutants or Contaminants Any element,
substance, compound, or mixture that, after release
into the environment and upon exposure, ingestion,
inhalation, or assimilation into any organism, will or
may reasonably be anticipated to cause illness,
death, or deformation in any organism. The
definition of pollutant or contaminant specifically
excludes petroleum and natural gas.
Post-Closure Period after closure during which
owners and operators of solid or hazardous waste
disposal units conduct monitoring and maintenance
activities in order to preserve the integrity of the
disposal system.
Potentially Responsible Party The person or
persons who may be held liable for hazardous
substance contamination under CERCLA. PRPs
may include the owners and operators, generators,
transporters, and disposers of the hazardous
substances.
Precious Metals Reclamation The recycling and
recovery of precious metals (i.e., gold, silver,
platinum, palladium, iridium, osmium, rhodium, and
ruthenium) from hazardous waste.
Preliminary Assessment A review of all readily
available site information such as maps, deeds, and
other records to determine if further CERCLA
response action is necessary. During the PA, EPA
tries to determine what type of substances may have
been released and the potential impacts to human
health and the environment.
Principal Organic Hazardous Constituents
Selected organic constituents, which are high in
concentration and difficult to burn, that are
monitored to ensure a hazardous waste combustion
unit's destruction and removal efficiency.
Process Vent Any open-ended pipe or stack mat is
vented to the atmosphere either directly, through a
vacuum-producing system, or through a tank
associated with hazardous waste distillation,
fractionation, thin-film evaporation solvent
extraction, or air or steam stripping operations.
Processors and Rerefiners Facilities that process
used oil so that it can be burned for energy recovery
or reused.
Procuring Agency Agencies that purchase $10,000
or more worth of an item designated under the
federal procurement program during the course of a
fiscal year. Procuring agencies include: federal
government departments or agencies; state
government agencies that use appropriated federal
funds for procurement of a designated item; local
government agencies that use appropriated federal
funds for procurement of a designated item, and
government contractors that work on a project
funded by appropriated federal funds with respect to
work performed under the contract.
Publicly Owned Treatment Works A municipal
wastewater treatment plant that receives domestic
sewage from households, office buildings, factories,
and other places where people live and work.
Treatment at a POTW is regulated by the CWA.
D-11
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Appendix D: Glossary
RCRAInfo A database that tracks RCRA Subtitle C
facility-specific data (i.e., events and activities
related to hazardous waste generators, transporters,
and TSDFs), and hazardous waste activity reports,
known as biennial reports, that are submitted by
LQGs and TSDFs.
Reactivity Characteristic The characteristic which
identifies wastes that readily explode or undergo
violent reactions.
Rebuttable Presumption For purposes of RCRA,
an objective test that focuses on the halogen level in
used oil to determine whether the used oil has been
mixed with a listed hazardous waste.
Reclaimed For purposes of defining a material as a
solid waste under RCRA Subtitle C, a material is
reclaimed if it is processed to recover a usable
product, or regenerated by processing it in a way that
restores it to usable condition.
Record of Decision A remedial action plan
document that describes the remedy selected for a
Superfund site.
Recovered Materials Advisory Notice A notice
that provides suggested recycled content levels and
other purchasing information for each item
designated in the CPG. Procuring agencies can use
these levels as guidelines, but are encouraged to
exceed EPA's recommendations.
Recovered Materials Content Levels The
minimum amount of recovered material that
designated items under the federal procurement
program should contain.
Recycled For purposes of defining a material as a
solid waste under RCRA Subtitle C, a material is
recycled if it is used or reused, or reclaimed.
Recycling The separation and collection of wastes,
their subsequent transformation or remanufacture
into usable or marketable products or materials, and
the purchase of products made from recyclable
materials.
Recycling Presumption The assumption that all
used oil that is generated will be recycled.
Regulated Community The group of organizations,
people, industries, businesses, and agencies that,
because they perform certain activities, fall under the
purview of RCRA.
Regulated Substance For purposes of UST
regulation, any hazardous substance defined under
CERCLA §101(14) and petroleum.
Regulations Rules issued by an agency, such as
EPA, that translate the general mandate of a statute
into a set of requirements that the regulated
community and the agency must work within.
Remedial Action Longer-term CERCLA response
actions that ultimately represent the final remedy for
a site and generally are more expensive and of a
longer duration than removals.
Remedial Action Plans Special form of RCRA
permit that a facility may obtain to treat, store, or
dispose of hazardous remediation waste at a
remediation waste management site.
Remedial Design/Remedial Action Remedial
design is a phase in the CERCLA response process
in which technical drawings are developed for the
chosen remedy, costs for implementing the remedy
are estimated, and roles and responsibilities of EPA,
states and contractors are determined. During the
remedial action phase, the remedy is implemented
generally by a contractor, with oversight and
inspection conducted by EPA or the state (or both).
Remedial Investigation/Feasibility Study A
remedial investigation is a phase in the CERCLA
response process that entails an in-depth ;
examination of the nature and extent of
contamination at a site and the associated risks to
human health and the environment. The feasibility
study entails an analysis of remedial action
alternatives comparing the advantages and
disadvantages of each.
D-12
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Appendix D: Glossary
Remediation Waste All solid and hazardous
wastes, and all media (including ground water,
surface water, soils, and sediments) and debris that
are managed for implementing cleanup.
Removal Action Short-term cleanup action taken
under CERCLA that usually addresses problems '
only at the surface of a site. A removal is conducted
in response to an emergency, and generally is limited
to 12 months duration or $2 million in expenditures.
Risk Retention Groups For purposes of UST
financial responsibility, entities formed by
businesses or individuals with similar risks to
provide insurance coverage for those risks.
Risk-Based Decision-Making A process that uses
risk and exposure assessment concepts to help UST
implementing agencies establish enforcement
priorities.
Rulemakings Rules issued by an agency, such as
EPA, that translate the general mandate of a statute
into a set of requirements that the regulated
community and the agency must work within.
Safe Drinking Water Act The Act designed to
protect the nation's drinking water supply by
establishing national drinking water standards
(MCLs or specific treatment techniques), and by
regulating UIC wells.
Scrap Metal Worn or extra bits and pieces of metal
parts, such as scrap piping and wire, or worn metal
items, such as scrap automobiles and radiators.
Secondary Materials The five categories of solid
wastes regulated under Subtitle C, which include:
spent materials, by-products, sludges, commercial
chemical products, and scrap metal.
Sham Recycling Illegitimate activities executed
under the guise of recycling in order to be exempt
from or subject to lesser regulation.
Site Inspection An in-depth assessment of on-site
conditions, conducted as part of the CERCLA
response process, to rank the site's hazard potential
by determining the site's hazard ranking system
score. Activities to assess the site may include
sampling, field reconnaissance, and examination of
site records (e.g., topographical maps, logs).
Sludges Any solid, semisolid, or liquid wastes
generated from a wastewater treatment plant, water
supply treatment plant, or air pollution control
device.
Small Quantity Generators Facilities that generate
between 100 kg and 1,000 kg of hazardous waste per
calendar month.
Small Quantity Handlers of Universal Waste
Handlers that do not accumulate 5000 kg of all
universal waste categories combined at their location
at any one time.
Sole Active Ingredient For purposes of
determining if a waste is P or U listed, the only
chemical ingredient serving the function of a
commercial product formulation.
Solid Waste Any garbage, refuse, sludge from a
wastewater treatment plant, water supply treatment
plant, or air pollution control facility, and other
discarded material, including solid, liquid, semisolid,
or contained gaseous material, resulting from
industrial, commercial, mining, and agricultural
operations and from community activities. For the
purposes of hazardous waste regulation, a solid
waste is a material that is discarded by being either
abandoned, inherently waste-like, a certain waste
military munition, or recycled.
Solid Waste Management Units For purposes of
Subtitle C corrective action, discernible units where
solid or hazardous wastes have been placed at any
times, or any area where solid wastes have been
routinely and systematically released.
D-13
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Appendix D: Glossary
Source Reduction Maximizing or reducing the use
of natural resources at the beginning of an industrial
process, thereby eliminating the amount of waste
produced by the process. Source reduction is EPA's
preferred method of waste management.
Spent Materials Materials that have been used and
can no longer serve the purpose for which they were
produced without processing.
Spill Prevention Control and Countermeasures
Regulations establishing spill prevention procedures
and equipment requirements for nontransportation-
related facilities with certain aboveground or
underground storage capacities that could reasonably
be expected to discharge oil into or upon the
navigable waters of the United States or adjoining
shorelines.
Staging Pile An accumulation of solid, non-flowing
remediation waste that is not a containment building
and that is used only during remedial operations for
temporary storage at a facility.
State Assurance Funds For purposes of UST
financial responsibility, state funds that are used to
help pay for cleanup and third-party liability costs
resulting from leaking USTs.
State Authorization Tracking System A tool used
by EPA to chart those states that have been
authorized to implement the RCRA hazardous waste
program.
Statistical Inventory Reconciliation An UST
release detection method that involves using
sophisticated computer software to conduct a
statistical analysis of inventory, delivery, and
dispensing data in order to determine if a tank is
leaking.
Storage Holding hazardous waste for a temporary
period, after which the hazardous waste is treated,
disposed of, or stored elsewhere.
Storage Prohibition LDR provision that prevents
the indefinite storage of untreated hazardous waste
for reasons other than the accumulation of quantities
necessary for effective treatment or disposal.
Sudden Accidental Occurrences For purposes of
TSDF financial assurance, events that are not
continuous or repeated. ;
Superfund The common name for CERCLA.
Superfund refers to the entire CERCLA program as
well as the trust fund established to fund-cleanup of
contaminated sites where potentially responsible
parties cannot be identified, or are unwilling or
unable to pay.
Superfund Amendments and Reauthorization Act
SARA, enacted in 1986, reauthorized and amended
CERCLA to include additional enforcement
authorities, technical requirements, community
involvement requirements, and various
clarifications. SARA Title III authorized EPCELA.
Supplemental Environmental Projects
Environmentally beneficial projects which a
defendant or respondent agrees to undertake in the
settlement of a civil or administrative enforcement
action, but which the defendant is not otherwise
legally required to perform.
Surety Bond A guarantee which certifies that a
surety company will cover TSDF financial assurance
or UST financial responsibility requirements on
behalf of the owner and operator.
Surface Impoundment A natural topographic
depression, man-made excavation, or diked area
formed primarily of earthen materials that is used to
treat, store, or dispose of hazardous waste.
Tank Tightness Testing A variety of UST release
detection methods used to determine if a; tank is
leaking; most of these methods involve monitoring
changes in product level or volume in a tank over a
period of several hours.
Tanks Stationary devices used to store or treat
hazardous waste.
Technical Grade For purposes of determining if a
waste is P or U listed, a commercial chemical
product that is not 100 percent pure, but is of a grade
of purity that is either marketed or recognized in
general usage by the chemical industry.
D-14
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Appendix D: Glossary
Temporary Closure A method by which an UST
owner and operator can close a tank temporarily and
bring it back into service at a later date. The owner
and operator must continue to operate and maintain
the corrosion protection system and the leak
detection system if any product remains in the tank.
Temporary Units Containers or tanks that are
designed to manage remediation wastes during
corrective action at permitted or interim status
facilities.
Thermal Treatment The treatment of hazardous
waste in a device that uses elevated temperatures as
the primary means to change the chemical, physical,
or biological character or composition of the waste.
Totally Enclosed Treatment Units Units that are
designed and constructed to practically eliminate the
potential for hazardous wastes to escape into the
environment during treatment.
Toxic Substances Control Act The Act that
controls the manufacture and sale of certain
chemical substances.
Toxicity Characteristic The characteristic which
identifies wastes that are likely to leach dangerous
concentrations of toxic chemicals into ground water.
Toxicity Characteristic Leaching Procedure A lab
procedure designed to predict whether a particular
waste is likely to leach chemicals into ground water
at dangerous levels.
Transfer Facilities Any transportation-related
facility such as loading docks, parking areas, storage
areas, or other similar areas where shipments of
hazardous waste, used oil, or universal waste are
held temporarily during the normal course of
transportation.
Transporter Any person engaged in the off-site
transportation of hazardous waste, used oil, universal
waste, or medical waste.
Treatment Any method, technique, or process
designed to physically, chemically, or biologically
change the nature of a hazardous waste.
Treatment Standards LDR criteria that hazardous
waste must meet before it is disposed.
Treatment, Storage, and Disposal Facilities
Facilities engaged in the treatment, storage, or
disposal of hazardous waste. These facilities are the
last link in the cradle-to-grave hazardous waste
management system.
Trial Burn Burn conducted to test the performance
of a hazardous waste combustion unit over a range
of conditions.
Trust Fund A financial mechanism by which a
facility can set aside money in order to cover the
TSDF financial assurance or UST financial
responsibility requirements.
Underground Injection Control Well Units into
which hazardous waste is permanently disposed of
by injection 1/4 mile below an aquifer with an
underground source of drinking water (as defined
under SDWA).
Underground Storage Tanks A tank and any
underground piping connected to the tank that is
used to contain an accumulation of regulated
substances and that has at least 10 percent of its
combined volume underground.
Underlying Hazardous Constituents Constituents
that must be treated in order to meet contaminant-
specific levels for purposes of the LDR program.
Unit Pricing An economic incentive program used
to achieve source reduction and recycling, also
called variable rate refuse collection, where
customers who dispose of more waste pay more for
the collection and disposal services.
Universal Treatment Standards Contaminant-
specific hazardous waste LDR treatment levels.
Universal Wastes Commonly recycled wastes with
special management provisions intended to facilitate
recycling. There are four categories of universal
wastes: hazardous waste batteries, hazardous waste
pesticides that have been recalled or collected in
waste pesticide collection programs, hazardous
waste lamps, and hazardous waste thermostats.
D-15
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Appendix D: Glossary
Upgrading Retrofitting existing USTs to come into
compliance with the UST regulations. The
upgrading period expires on December 22,1998.
Use Constituting Disposal The direct placement of
wastes or waste-derived products (e.g., asphalt with
petroleum refining wastes as an ingredient) on the
land.
Used Oil Any oil that has been refined from crude
or synthetic oil that has been used and, as a result of
such use, is contaminated by physical or chemical
impurities.
USTfield Abandoned or underutilized industrial and
commercial properties where redevelopment is
complicated by real or perceived environmental
petroleum contamination from federally-regulated
USTs.
Vapor Monitoring An UST release detection
method in which the equipment measures product
fumes in the soil around the UST to check for leaks.
Violation The act or an instance of breaking or
disregarding the law.
Waste Analysis Plan A plan that outlines the
procedures necessary to ensure proper treatment,
storage, or disposal of hazardous waste.
Waste Minimization The reduction, to the extent
feasible, in the amount of hazardous waste generated
prior to any treatment, storage, or disposal of the
waste. Because waste minimization efforts
eliminate waste before it is generated, disposal costs
may be reduced, and the impact on the environment
may be lessened. -
Waste Pile An open pile used for treating or storing
nonliquid hazardous waste.
Wastewater Treatment Units Tanks or tank
systems that treat hazardous wastewaters and
discharge them pursuant to CWA. '
WasteWiSe A program designed to assist
companies, states, local governments, Native
American tribes, and other institutions in developing
cost-effective practices to reduce solid waste.
Zero Discharges Wastewater that is not directly or
indirectly discharged to a navigable water, (e.g.,
wastewater that is land disposed through spray
irrigation) under CWA. Zero discharge facilities are
subject to federal or state regulatory limitations that
are as strict as those that apply to direct and indirect
dischargers under CWA.
D-16
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APPENDIX E
ACRONYMS AND ABBREVIATIONS
ACL - Alternative Concentration Limit
AEA - Atomic Energy Act
APA - Administrative Procedures Act
API - American Petroleum Institute
ARAR - Applicable or Relevant and Appropriate
Requirement
ATSDR - Agency for Toxic Substances and Disease
Registry
BATF - Bureau of Alcohol, Tobacco, and Firearms
BDAT - Best Demonstrated Available Technology
BIF - Boiler and Industrial Furnace
BRS - Biennial Reporting System
CAA-Clean Air Act
CAMU - Corrective Action Management Unit
CAP - Capacity Assurance Plan
CBI - Confidential Business Information
CCP - Commercial Chemical Product
CDC - Centers for Disease Control
CERCLA - Comprehensive Environmental
Response, Compensation, and Liability Act
CERCLIS - Comprehensive Environmental
Response, Compensation, and Liability Act
Information System
CESQG - Conditionally Exempt Small Quantity
Generator
CFC - Chlorofluorocarbon
CFR - Code of Federal Regulations
CMI - Corrective Measures Implementation (see
Section III, Chapter 9)
CMS - Corrective Measures Study
CPG - Comprehensive Procurement Guideline
CWA-Clean Water Act
DOD - Department of Defense
DOE - Department of Energy
DOJ - Department of Justice
DOT - Department of Transportation
DRE - Destruction and Removal Efficiency
DSCM - Dry Standard Cubic Meter
ENU - Elementary Neutralization Unit
EPA ID - EPA Identification
EPCRA - Emergency Planning and Community
Right-to-Know Act
FIFRA - Federal Insecticide, Fungicide, and
Rodenticide Act
FOIA - Freedom of Information Act
GPRA - Government Performance and Results Act
GWPS - Ground water Protection Standard
H - Hazard Code
HAZWOPER - Hazardous Waste Operations and
Emergency Response Worker Protection Standard
HCS - Hazard Communication Standard
HRS - Hazard Ranking System
HSWA - Hazardous and Solid Waste Amendments
kg - kilogram
Ib - pound
LDR - Land Disposal Restrictions
LQG - Large Quantity Generator
E-1
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Appendix E: Acronyms and Abbreviations
LQHUW - Large Quantity Handler of Universal
Waste
LUST - Leaking Underground Storage Tank
MACT - Maximum Achievable Control Technology
MCL - Maximum Contaminant Level
MOA - Memorandum of Agreement
MPRSA - Marine Protection, Research, and
Sanctuaries Act
MSWLF - Municipal Solid Waste Landfill
NAAQS - National Ambient Air Quality Standards
NCAPS - National Corrective Action Prioritization
System
NCP - National Oil and Hazardous Substances
Pollution Contingency Plan
NESHAP - National Emission Standards for
Hazardous Air Pollutants
NPDES - National Pollutant Discharge Elimination
System
NPL - National Priorities List
NSPS - New Source Performance Standards
O&M - Operation and Maintenance
OECA - Office of Enforcement and Compliance
Assurance
OECD - Organization for Economic Cooperation
and Development
OPA - Oil Pollution Act
OSHA - Occupational Safety and Health Act
OSWER - Office of Solid Waste and Emergency
Response
PA - Preliminary Assessment
PCB - Polychlorinated Biphenyl
PEI - Petroleum Equipment Institute
POHC - Principal Organic Hazardous Constituent
POTW - Publicly Owned Treatment Works
ppm - parts per million
ppmw - parts per million by weight
PRP - Potentially Responsible Party
RBAC - Recycling and Reuse Business Assistance
Center
RBDM - Risk-Based Decision-Making
RCRA - Resource Conservation and Recovery Act
RCRIS - Resource Conservation and Recovery Act
Information System
RD&D - Research, Development, and
Demonstration
RD/RA - Remedial Design/Remedial Action
REDA - Recycling Economic Development
Advocate :
RFA - RCRA Facility Assessment
RFI - RCRA Facility Inspection
RI/FS - Remedial Investigation/Feasibility Study
RIC - RCRA Information Center
RMAN - Recovered Materials Advisory Notice
ROD - Record of Decision
SARA - Superfund Amendments and
Reauthorization Act
SDWA - Safe Drinking Water Act
SIC - Standard Industrial Classification ;
SI - Site Inspection ,
SIR - Statistical Inventory Reconciliation
SPCC - Spill Prevention, Control, and
Countermeasures
SQG - Small Quantity Generator
SQHUW - Small Quantity Handler of Universal
Waste I
StATS - State Authorized Tracking System
SWMU - Solid Waste Management Unit
TC - Toxicity Characteristic
TCLP - Toxicity Characteristic Leaching Procedure
TETU - Totally Enclosed Treatment Unit
TSCA - Toxic Substances Control Act
TSDF - Treatment, Storage, and Disposal Facility
UIC - Underground Injection Control
USPS - United States Postal Service ;
UST - Underground Storage Tank
UTS - Universal Treatment Standard
WIPP - Waste Isolation Pilot Project
WWTU - Wastewater Treatment Unit
E-2
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DIRECTOR OF THE OFFICE OF SOLID WASTE
1
Communications,
Information,
and
Resources
Management
Division
(CIRMD)
|
Information
Management
Branch
(1MB)
1
Communications
Services Branch
(CSB)
i
Resources
Management
Branch
(RMB)
1
Economics,
Methods,
and Risk
Analysis
Division
(EMRAD)
1
Hazardous Waste
Identification
Division
(HWID)
_^__^_^_^_-J
— -T— •
Waste
Identification
Branch
(WIB)
I
Generator and
Recycling Branch
(GRB)
i
International and
Special Projects
Branch
(ISPB)
i
1
Hazardous Waste
Minimization
and
Management
Division
(HWMMD)
^^^^^^^^^™-J
•^"r^™^
Waste
Minimization
Branch
(WMB)
I
Waste
Treatment
Branch
(WTB)
i
Analysis and
Information Branch
(AIB)
1
Municipal and
Industrial Solid
Waste Division
(MISWD)
I
Municipal
Information and
Analysis Branch
(MIAB)
1
Municipal Waste
Reduction Branch
(MWRB)
i
Industrial and
Extractive Wastes
Branch
(IEWB)
1
Permits and
State Programs
Division
(PSPD)
I
Permits Branch
(PB)
1
Corrective Action
Programs Branch
(CAPS)
i
Federal, State, and
Tribal Programs
Branch
(FSTPB)
-------
Appendix F: OSW Organization Chart
The Office of Solid Waste (OSW) contributes
to the Agency's goal of protecting human health and
the environment. Its principal responsibility is to
build a national waste management program,
implemented through EPA Regional Offices and
state programs, to manage solid and hazardous
waste in the United States. There are six divisions
which follow:
The Communications, Information, and
Resources Management Division (CIRMD) is
responsible for managing an outreach and
communications program to increase public
awareness about solid and hazardous waste
programs, managing the national RCRA information
systems, and providing administrative, budget, and
contract management support to the Office of Solid
Waste.
The Economics, Methods, and Risk Analysis
Division (EMRAD) is responsible for evaluating
toxicological and exposure data; developing health
and ecological risk assessment support; and
applying multimedia fate to transport models to
assist in the evaluation of the ecological and human
health impacts of solid waste management systems.
It prepares regulatory assessments, which include
societal costs and benefits of options for regulation
development, policy analysis, and legislative
initiatives under consideration within OSW. The
Division also develops and evaluates sampling,
statistical, and analytical methods to support RCRA
regulations and policies, and implements the RCRA
quality assurance program.
The Hazardous Waste Identification Division
(HWID) is responsible for conducting industry
studies to determine which wastes should be listed
as hazardous, and identifying the hazardous waste
characteristics. It also develops Agency policies
related to-delisting, and develops regulations and
guidance regarding medical wastes, used oil,
generators and transporters of hazardous waste,
hazardous waste recycling, and the definition of
solid waste. The Division also develops policies
related to international hazardous waste management
and is the lead on issues related to the import and
export of hazardous waste, such as the Basel
Convention.
The Hazardous Waste Minimization and
Management Division (HWMMD) is responsible
for encouraging hazardous waste minimization,
establishing standards that assure safe treatment of
hazardous waste, and identifying data that must be
reported on waste generation, treatment, storage, and
disposal. HWMMD's responsibilities include the
Waste Minimization National Plan, the LDR
program, the EPA Combustion Strategy, and the
Waste Information Needs Project.
The Municipal and Industrial Solid Waste
DivisioK (MISWD) is responsible for ensuring safe
management of municipal, industrial, and extractive
solid wastes by providing technical guidance,
regulations, policy, and information related to waste
prevention, recycling, and disposal to industry, EPA
Regional, state and tribal officials, and the general
public.
The Permits and State Programs Division
(PSPD) is responsible for the nationwide
implementation of a program to control hazardous
wastes including the permitting of facilities and the
authorization of states to operate their programs in
lieu of the federal program. The Division develops
regulations and guidance for the national corrective
action program which oversees site cleanups at
facilities that store, treat, or dispose of hazardous
waste. PSPD also provides technical support for
EPA Regions and states that are implementing the
programs. :
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APPENDIX G
ENVIRONMENTAL CONTACTS
EPA INFORMATION SERVICES
Center for Environmental Research and Information (CERI),
Office of Research and Development (ORD) (513) 569-7562
www.epa.gov/ORD/publications
Clean Air Technology Center (919) 541-0800
www.epa.gov/ttn/catc
Environmental Appeals Board (EAB) (201) 501-7060
www.epa.gov/eab
Environmental Justice Hotline (800) 962-6215
www.epa.gov/compliance/environmentaljustice/index.html
Environmental Recycling Hotline/Earth's 911 (800)253-2687
www.earth911.org
Human Resources (202) 564-4606
www.epa.gov/epahrist
Indoor Air Quality Clearinghouse (800)438-4318
www.epa.gov/iaq
Information Resource Center (IRC) (202) 260-5922
www.epa.gov/natlibra/hqirc
Methods Information Communication Exchange
(MICE or Test Methods Hotline) (703) 676-4690
www.epa.gov/epaoswer/hazwaste/test/mice.htm
National Lead Information Center (800) 424-5323
www.epa.gov/lead/nlic.htm
National Radon Hotline (800) 767-7236
www.epa.gov/iaq/radon/
National Service Center for Environmental Publications (800) 490-9198
www.epa.gov/ncepihom/
G-1
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Appendix G: Environmental Contacts
National Pesticides Information Center;
Federal Insecticide, Fungicide, and Rodenticide Act (800) 858-7378
npic.orst.edu/
Office of Atmospheric Programs (202) 564-9140
www.epa.gov/ozone
Office of Congressional & Intergovernmental Relations (202) 564-5200
www.epa.gov/ocir [
Pay-As-You-Throw Helpline (888) 372-7298
www.epa.gov/payt
RCRA, Superfund & EPCRA Call Center (800)424-9346
www.epa.gov/epaoswer/hotline
Safe Drinking Water Hotline (800) 426-4791
www.epa.gov/safewater
Toxic Substances Control Act Hotline (202) 554-1404
WasteWise.. (800)372-9473
www.epa.gov/wastewise ;
Wetlands Protection Hotline ! (800) 832-7828
www.epa.gov/owow/wetlands/wetline.html
EPA DOCKETS
Office of Air and Radiation (202) 566-1742
Office of Enforcement and Compliance Assurance.^ (202) 566-1514
Office of Solid Waste and Emergency Response
RCRA/UST (202)566-0270
Superfund/Oil (202)566-0276
Office of Environmental Information (Toxics Release Inventory) (202) 566-1752
Office of Pollution, Prevention, and Toxics (202) 566-0280
Office of Water (202)566-2426
FEDERAL GOVERNMENT INFORMATION SERVICES
Agency for Toxic Substances and Disease Registry (ATSDR) (888) 422-8737
www.atsdr.cdc.gov/
Council for Environmental Quality; National Environmental Policy Act (202) 395-5750
www.whitehouse.gov/ceq
G-2
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Appendix G: Environmental Contacts
Federal Consumer Information Center (800) 333-4636
www.pueblo.gsa.gov
Federal Information Center (800) 688-9889
www.info.gov
Government Printing Office (202)512-1800
www.access.gpo.gov
Hazardous Materials Information Center (800) 467-4922
hazmat.dot.gov
National Technical Information Service (800) 553-6847
www.ntis.gov
National Institute for Occupational Safety and Health (NIOSH) , (800) 356-4647
www.cdc.gov/niosh
National Response Center (800) 424-8802
www.nrc.uscg.mil
Nuclear Regulatory Commission (301) 415-8200
www.nrc.gov
Occupational Safety and Health Administration (OSHA)
Compliance Guidance Group (301) 515-6796
www.osha.gov
G-3
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United States
Environmental Protection Agency
Solid Waste and Emergency Response (5305W)
Washington, DC 20460
Official Business
Penalty for Private Use $300
EPA530-R-02-016
January 2003
www.epa.gov/osw
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