RCRA
            ORIENTATION
                MANUAL
            1990  EDITION
           THIS MANUAL WAS DEVELOPED BY:

       THE U.S. ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF SOLID WASTE/PERMITS AND STATE PROGRAMS DIVISION
               OFFICE OF OMBUDSMAN
                 401 M STREET, S.W.
              WASHINGTON, D.C. 20460
                       AND
     THE ASSOCIATION OF STATE AND TERRITORIAL SOLID
            WASTE MANAGEMENT OFFICIALS

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ACKNOWLEDGEMENTS

This manual was developed by the Office of Solid Waste, State Programs Branch, with
support from the Office of Ombudsman, Office of Program Management and Support and
the EPA/ASTSWMO Advisory Group. Special thanks to the many individuals in EPA
Headquarters and the Regional Offices who reviewed the drafts and provided comments.
Contractor support was provided by Booz, Allen & Hamilton, Incorporated and ICF
Incorporated.

This document has been reviewed by the U.S. Environmental Protection Agency and
approved for publication. Any trade names or commercial products are examples only and
are not endorsed or recommended by the U.S. Environmental Protection Agency.

For further information regarding this manual please contact:

      Robert Knox
      Office of Ombudsman
      U.S. EPA
      401 M St., S.W.
      Washington, D.C. 20460
      Phone: (202)475-9361

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FOREWORD
     by Don R. Clay, Assistant: Administrator
     Office of Solid Waste and Emergency Response

     This manual updates the 1986 RCRA Orientation Manual, which has proven to be a popular
     and valuable resource for anyone working in the RCRA program. This revision reflects the
     progress that has been made in the program and documents the changes in RCRA.

     1990 finds the RCRA Subtitle C regulatory framework in place and most States
     implementing the program. Furthermore, substantial progress has been made in issuing
     permits. HSWA - mandated revisions to the Subtitle D municipal solid waste landfill criteria
     will soon be promulgated, the Subtitle I - underground storage tank program is now being
     implemented, as is the Subtitle J demonstration program to track medical waste.

     As we move ahead in the continuing implementation of RCRA, several priority initiatives
     stand out. RCRA will soon be re-authorized, and the re-authorization process provides an
     opportunity to reflect on our progress and points for change and enhancements, particularly for
     the Subtitle D program.  In the future, the RCRA program will place new emphasis on waste
     minimization and corrective action.

     The continued success of the RCRA program rests on the involvement of all affected parties.
     This manual is a step towards increasing such involvement because it provides a mechanism
     through which such parties can learn more about the program. Although the manual was
     designed for EPA and State staff, we hope that it will be useful to all individuals who wish to
     better understand RCRA.

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j!-,

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INTRODUCTION TO THIS MANUAL
     The U.S. Environmental Protection Agency (EPA) developed this manual to provide
     introductory information on the solid and hazardous waste management programs under the
     Resource Conservation and Recovery Act (RCRA). The manual outlines the basic framework
     of the regulatory program for new EPA and State employees, those persons new to RCRA
     assignments, and others interested in the Act. The manual is not, however, meant to replace
     in-depth analysis of the statute and its associated regulations and Agency guidance. It also
     does not attempt to impart the skills to perform specific job duties, such as writing a permit.
     Furthermore, it is written for those unfamiliar with the RCRA program; consequently, complex
     details purposely have been simplified or excluded for the sake of clarity.

     The manual is an update of the original RCRA Orientation Manual issued in 1986.
     Revisions contained in this update reflect the many regulatory changes that have resulted from
     both the Hazardous and Solid Waste Amendments (HSWA) of 1984 and the Medical Waste
     Tracking Act of 1988 (RCRA Subtitle J).

     The first four sections of the manual (Section I through Section IV) include an introduction to
     RCRA, a review of the Subtitle D requirements for nonhazardous solid waste, a discussion of
     Subtitle C requirements for hazardous waste, and a  description of Subtitle I's provisions for
     underground storage tanks. Section V addresses an important new topic of public concern -.-
     the regulation  of medical waste. Section VI examines RCRA's relationship to other
     environmental laws, especially the Comprehensive Environmental Response, Compensation,
     and Liability Act (CERCLA) ~ also known as Superfund. Finally, Section VII addresses the
     public's role in the RCRA program.  Each Section or Chapter (where applicable) includes an
     overview of what is to be covered, illustrations and figures highlighting the  text, and a
     summary of key points presented.

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                      TABLE OF CONTENTS
                                                 Page Number
FOREWORD

INTRODUCTION TO THIS MANUAL
SECTION I


SECTION H


SECTION HI


     CHAPTER 1

     CHAPTER 2


     CHAPTER 3


     CHAPTER 4



     CHAPTERS

     CHAPTER 6

     CHAPTER 7

SECTION IV


SECTION V


SECTION VI


     CHAPTER 1



     CHAPTER 2


     CHAPTER 3
INTRODUCTION TO THE RESOURCE           1-1
CONSERVATION AND RECOVERY ACT

SUBTITLE D OF RCRA -- MANAGING           II-1
SOLID WASTE

SUBTITLE C OF RCRA -- MANAGING           IE-1
HAZARDOUS WASTE

     WHAT IS HAZARDOUS WASTE?          IH-3

     REGULATIONS APPLICABLE TO          IE-16
     GENERATORS OF HAZARDOUS WASTE

     REGULATIONS APPLICABLE TO          IH-27
     TRANSPORTERS OF HAZARDOUS WASTE

     REGULATIONS APPLICABLE TO          IH-31
     TREATMENT, STORAGE, AND
     DISPOSAL FACILITIES

     PERMITTING                       IH-71

     ENFORCEMENT                     ffl-87

     STATE AUTHORIZATION               IH-98

SUBTITLE I OF RCRA -- MANAGING            IV-1
UNDERGROUND STORAGE TANKS

SUBTITLE J OF RCRA - MANAGING            V-1
MEDICAL WASTE

RCRA AND ITS RELATIONSHIP TO OTHER       VI-1
ENVIRONMENTAL STATUTES

     LEGISLATIVE FRAMEWORK FOR         VI-3
     ADDRESSING HAZARDOUS WASTE
     PROBLEMS

     SUPERFUND: THE HAZARDOUS          VI-8
     WASTE CLEANUP PROGRAM

     RCRA AND SUPERFUND: HOW THE       VI-12
     TWO PROGRAMS INTERACT
SECTION VH
     PUBLIC PARTICIPATION
VIM

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                 TABLE OF CONTENTS (continued)
APPENDIX A
APPENDIX B
APPENDIX C
APPENDIX D
APPENDIX E
APPENDIX F
APPENDIX G
UNIFORM HAZARDOUS WASTE MANIFEST
LAND DISPOSAL RESTRICTIONS MANIFESTING
UNDERGROUND TANK NOTIFICATION FORM
MEDICAL WASTE TRACKING MANIFEST
EPA ORGANIZATION
HELPFUL ENVIRONMENTAL INFORMATION NUMBERS
RCRA ACRONYMS

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                   SECTION I
 INTRODUCTION TO THE RESOURCE CONSERVATION
                AND RECOVERY ACT

OVERVIEW

RCRA: WHAT IT IS

- The Act
- Regulations
- Guidance and Policy

RCRA: HOW IT WORKS

- Subtitle D - Solid Waste
- Subtitle C - Hazardous Waste
- Subtitle I - Underground Storage Tanks
- Subtitle J - Medical Waste Regulations

WHO IS INVOLVED IN RCRA?

RCRA TODAY

- Waste Minimization

OUTLINE OF THE MANUAL

SUMMARY

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SECTION  I      INTRODUCTION TO THE
                           RESOURCE CONSERVATION
                           AND RECOVERY ACT
OVERVIEW
          RCRA GOALS

       To protect human health and the
       environment

       To reduce waste and conserve
       energy and natural resources

       To reduce or eliminate the
       generation of hazardous waste as
       expeditiously as possible.
The Resource Conservation and Recovery Act (RCRA), an
amendment to the Solid Waste Disposal Act, was enacted in
1976 to address a problem of enormous magnitude—how to
safely dispose of the huge volumes of municipal and industrial
solid waste generated nationwide. It is a problem with roots
that go back well before 1976.

There was a time when the amount of waste produced in the
United States was small and its impact  on the environment
relatively minor— a river supposedly purified itself every 10
miles. Times changed. With the industrial revolution in the
latter part of the 19th century, the country began to experience
growth—the likes of which had never been seen before. 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
took off after World War n 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, it also
generated more waste, both hazardous  and non hazardous.
For example, at the end of World War II, United States
industry was generating roughly 500,000 metric tons  of
hazardous waste per year. Compared with today's standards,
this amount is small indeed. A national survey conducted by
EPA in 1985 estimates that 275 millionmetric tons of hazardous
waste were generated nationwide.

Unfortunately, this phenomenal growth  in the production of
waste was not mirrored by growth in  the field of waste
management. Much of the waste produced made its way into
the environment, where it poses a serious threat to ecological
systems and public health.

It became clear, in the mid-1970s, to Congress and the nation
alike, that action had to be taken to ensure that solid wastes are
managed properly. This realization began the process that
resulted in the passage of RCRA. The goals set by RCRA are:

 • To protect human health and the environment
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 SECTION I
INTRODUCTION TO THE RESOURCE CONSERVATION
AND RECOVERY ACT
      RCRA'S FOUR INTERRELATED
              PROGRAMS
SUBTITLED SUBTITLE C  SUBTITLE I   SUBTITLE!

    I        I         I         I
  SOLID  HAZARDOUS UNDERGROUND MEDICAL
  WASTE    WASTE  STORAGE TANK WASTE
 PROGRAM  PROGRAM   PROGRAM   PROGRAM
RCRA: WHAT IT IS
                  •  To reduce waste and conserve energy and natural resources

                  •  To reduce or eliminate the generation of hazardous waste
                     as expeditiously as possible.

                  To achieve these goals, four distinct yet interrelated programs
                  exist under RCRA. The first program, under Subtitle D of
                  RCRA, encourages States to develop comprehensive plans to
                  manage primarily nonhazardous solid wastes, e.g., household
                  waste. The second  program,  under Subtitle C of RCRA,
                  establishes a system for controlling hazardous waste from the
                  time it is generated until its ultimate disposal, in effect, from
                  "cradle-to-grave." The third program, under Subtitle I of
                  RCRA, regulates  certain underground  storage tanks.  It
                  establishes performance standards for new tanks and requires
                  leak detection, prevention and corrective action at underground
                  tank sites.  The newest program  to be established is the
                  medical waste program under RCRA Subtitle J. It establishes
                  a  demonstration program  to  track medical waste  from
                  generation to disposal.

                  Although  RCRA  creates  a  framework  for  the proper
                  management of hazardous and nonhazardous solid waste, it
                  does not address the problems of hazardous waste encountered
                  at inactive or abandoned sites or those resulting from spills
                  thatrequireemergencyresponse. These problems are addressed
                  by adifferent act, the Comprehensive Environmental Response,
                  Compensation,andLiabilityAct(CERCLA),commonlycalled
                  Superfund.

                  This section provides  an overview of RCRA, including the
                  Act, regulations, guidance, and policy and, in  addition,
                  discusses the four programs that make up RCRA and the
                  interrelationships among them.  Finally, this section details
                  where RCRA is today,  who is involved, and outlines the
                  remainder of this manual.

                  Any discussion of RCRA must begin with a definition of
                  terms. Although "RCRA" is the acronym for the Resource
                  Conservation and Recovery Act, it is often used to refer to the
                 overall program resulting from the Act. To avoid confusion
                 in this manual, the term "Act "refers to the statute or law and
                 the term "RCRA" to the program implemented under the law.
                 In  addition, a distinction is made between terms used to
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SECTION I           INTRODUCTION TO THE RESOURCE CONSERVATION
                       AND RECOVERY ACT
                              The Act
         Outline of the Act
    Subtitle         Provisions
      A

      B


      C

      D


      E


      F

      G

      H
General Provisions

Office of Solid Waste;
Authorities of the
Administrator

Hazardous Waste
Management

State or Regional
. Solid Waste Plans   ,

Duties of the Secretary
of Commerce in
Resource and Recovery

Federal Responsibilities

Miscellaneous
Provisions

Research, Development,
Demonstration, and
Information

Regulation of Underground
Storage Tanks

Standards for the Tracking
and Management of
Medical Waste
describe  statutory provisions  versus regulations.  When
referring to the statutory requirements they are either stated as
such or the term "Act" is used. When discussing regulations
developed by EPA, they are referred to as either standards,
regulations, or regulatory requirements. Thus, if X were in the
statute but not  the regulations, it would  be  considered a
requirement of the Act.  Alternatively, if Y were in the
regulations, it could be referred to as either a regulation or a
regulatory requirement                  , •  ^    .,.

What we commonly know as the Act is really an amendment
to the first Federal solid waste statute.  In 1965, the Solid
Waste Disposal Act was enacted for the primary purpose of
improving solid waste disposal methods. If was amended in
1970 by the Resource Recovery Act,  and  again in 1976 by
RCRA. The changes embodied in RCRA remodeled our
nation' s solid waste management system and added provisions
pertaining to hazardous waste management.

The Act continues to evolve as Congress amends it to reflect
changing needs.  It  has been amended several times since
1976, most significantly on November 8,  1984.  The  1984
amendments,  called  the  Hazardous  and  Solid  Waste
Amendments (HSWA), significantly expanded the scope and
requirements of  RCRA.   Because of  their significance,
provisions resulting from the 1984 amendments are emphasized
throughout the manual.

The Act is a law that describes the kind of waste management
program that Congress wants to establish. This description is
in very broad terms, e.g., directing  EPA to develop and
promulgate  criteria for identifying the characteristics  of
hazardous waste.  The Act also provides the Administrator of
EPA (or his or herrepresentative) with the authority necessary
to carry out the intent of the Act, e.g., authority to conduct
inspections.

The structure of the Act is  straightforward.  It is currentiy:
divided into ten subtitles, A through J. Subtitles A, B, E, F, G,
and  H outline  general provisions; authorities of the
Administrator; duties of the Secretary of Commerce; Federal
responsibilities;  miscellaneous  provisions; and  research,
development, demonstration, and information. Subtitles C,
D, I, and J lay out the framework of the four  programs that
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SECTION I
INTRODUCTION TO THE RESOURCE CONSERVATION
AND RECOVERY ACT
                          Regulations
                  make up RCRA—the hazardous waste managementprogram;
                  the solid waste program; the underground storage tank program;
                  and the medical waste program, respectively.

                  The Act includes a Congressional mandate for EPA to develop
                  a comprehensive set of regulations. Regulations are legal
                  mechanisms that define how a statute' s broad policy directives
                  are to be implemented. Many RCRA regulations have been
                  developed to date, covering a range of topics, from guidelines
                  for State solid waste plans to the framework for the hazardous
                  waste permit program.

                  RCRA regulations are developed by EPA  and published
                  according to an established process. When a regulation is
                  proposed, it is published in a document called the Federal
                  Register. It is usually first published as a proposed regulation,
                  allowing the public to comment on it for a period of time,
                  normally 30-60 days. Included with the proposed regulation
                  is a discussion of the Agency's rationale for the regulatory
                  approach and an explanation of the technical basis  for the
                  proposed regulation (the preamble). Following the comment
                  period, EPA evaluates public comments.  Addressing the
                  comments frequently results in revision to the proposed
                  regulation. The final regulation is published in  the Federal
                  Register ("promulgated"). Regulations are compiled annually
                  and bound in the Code of Federal Regulations rf!FR) according
                  to a highly structured format.  This latter process is called
                  codification. The codified RCRA regulations can be found in
                  Title 40 of the CFR, Parts 240-280.  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 the relationship between an Act and its regulations,
                 discussed above, is the norm, the relationship between HS WA
                 and its regulations differs. HSWA is unusual in that Congress
                 placed  explicit requirements in the statute  in addition to
                 instructing EPA in general language to develop 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
                 establishes  "hammer" provisions,  which  are statutory
                 requirements that go into effect automatically (as regulations)
                 if EPA fails to issue regulations by certain dates.
                     1-4

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SECTION I
INTRODUCTION TO THE  RESOURCE CONSERVATION
AND RECOVERY ACT
                  Guidance and Policy
      Guidance  =  How to
      Policy   =  Should do
 RCRA: HOW IT WORKS
                  The interpretation of statutory language does not end with the
                  codification of regulations. EPA further clarifies its regulations
                  through guidance documents and policy.

                  Guidance documents are issued by EPA primarily to elaborate
                  and provide direction for implementing regulations.  They
                  essentially explain how to do something. For example,  the
                  regulations in 40 CFR Part 270  detail what is required in a
                  permit application for a hazardous waste management facility,
                  and the guidance for this Part gives instructions on how to
                  evaluate a permit application to see if everything is included.
                  Guidance documents also provide the Agency's interpretation
                  of the Act.

                  Policy  statements, on the other hand, specify operating
                  procedures that should be followed. They are a mechanism
                  used by EPA program offices to outline the manner in which
                  pieces  of the RCRA program   are to be carried out.  For
                  example, the enforcement office may issue a policy outlining
                  what enforcement action must  be taken if a ground-water
                  violation  is found.   In most cases, policy statements are
                  addressed to the staff working on implementation.

                   Many guidance and policy documents have been developed to
                   aid in implementing the RCRA program. Indeed, there are so
                   many that describing them is beyond the scope of this manual.
                   However, to find out what documents are available, one may
                   use the Office of Solid Waste's Directives System. This
                   system  lists  all RCRA-related  policy, guidance,  and
                   memoranda, and where they can be obtained.  These lists are
                   available from each Region's Policy Directives Coordinator.

                   The four programs established under RCRA — solid waste,
                   hazardous waste, underground storage tanks, and medical
                   waste—are described in detail in ensuing chapters. However,
                   to provide an overall perspective of how RCRA works, each
                   of these programs  and their interrelationships is briefly
                   summarized here.  In this manual, the solid waste program
                   (Subtitle D) is discussed before the hazardous waste program
                   (Subtitle C). Although this is alphabetically out of order, the
                   structure is designed to benefit the reader. The Subtitle D
                   Chapter includes the definition of solid waste, which must be
                   understood before the Subtitle C program can be explained.
                                              1-5

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  SECTION I
INTRODUCTION TO THE  RESOURCE CONSERVATION
AND RECOVERY ACT
                 Subtitle D - Solid Waste
           Subtitle C - Hazardous Waste
 The Subtitle C Program Regulates
   CtNfRATOft
RSS^W'\^vJUL-V--L
                TRANSPORTER
       TSD
      FACIUTISS
  Subtitle D of the Act encourages States to develop  and
  implement solid waste management plans.  These  plans,
  among other things, are intended to promote recycling of solid
  wastes and require closing or upgrading of all environmentally
  unsound dumps. Due to increasing volumes of solid waste,
  solid waste management has become a key issue facing many
  localities and States. In recognition of this issue, Congress
  directed EPA in HSWA to take an active role with the States
  in solving the difficult problem of solid waste management.
  EPA is in the process of revising  the standards that apply to
  municipal solid waste landfills. Concurrent with the revision
  of these standards, EPA formed a task force to analyze solid
  waste source reduction and recycling  options.  The revised
  solid waste standards, together with the task force findings,
  will form the basis for EPA's development of a strategy to
  better regulate municipal solid waste management.

  S ubtitle C of the Act establishes a 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  regarding 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 June 1989,
 EPA has on record more than 7,000 treatment, storage, and
 disposal facilities; 17,000 transporters; and about 180,000
 large and small quantity generators.

 The Subtitle C program has resulted  in perhaps the  most
 comprehensive regulations EPA has ever developed.  They
 first identify those solid wastes that are "hazardous" and then
 establish various  administrative requirements for the three
 categories of hazardous  waste  handlers:    generators,
 transporters, and owners or operators of treatment, storage,
 and disposal facilities (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 for each facility.
 Issuing permits is essential to making the Subtitle C regulatory
program work, since it is through the permitting process that
EPA or a State actually applies the technical standards to
facilities.
    1-6

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SECTION I
INTRODUCTION TO THE  RESOURCE CONSERVATION
AND RECOVERY ACT
               Subtitle I - Underground
                        Storage Tanks
             Subtitle J - Medical Waste
                           Regulations
 WHO IS INVOLVED IN
 RCRA?
                  One of the prime 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 the Subtitle
                  D program primarily manages nonhazardous solid waste.
                  Furthermore, Subtitle C was initially established as a Federal
                  program eventually to be delegated to States, unlike Subtitle
                  D, which began as a State program.

                  S ubtitle I of the Act regulates petroleum products and hazardous
                  substances (as defined under Superfund) stored in underground
                  tanks. The objective of Subtitle I is to prevent leakage to
                  ground water from tanks and to clean up past releases. Under
                  Subtitle I, EPA has developed performance standards for new
                  tanks and regulations for leak detection, prevention, closure,
                  financial responsibility, and corrective action at all underground
                  tank sites. This program is similar to the Subtitle C program
                  in that it may be delegated to States.  Approximately 1.4
                  million tanks are regulated  under Subtitle I.

                  Congress recently added Subtitle J to RCRA to address the
                  problem of medical waste mismanagement. During the summer
                  of 1988, medical wastes washed up on Atlantic beaches. This
                  phenomenon highlighted the inadequacy of medical waste
                  management practices and prompted Congress to enact
                  legislation addressing the problem. Subtitle J instructs EPA
                  to develop a two-year demonstration program to track medical
                  waste from generation to disposal in demonstration States.
                  After completion of the demonstration program in 1991, the
                  Agency will report its findings to Congress, who will consider
                  the merits of national medical waste regulation.

                  The  RCRA  program involves a myriad  of people  and
                  organizations with varying roles. Congress and the President
                   set overall national direction for RCRA programs through
                   amendments to the Act. EPA, through its Office of Solid
                  Waste and Emergency Response (OSWER), translates this
                  direction into operating programs by developing regulations,
                   guidelines, and policy. EPA then implements RCRA programs
                   or delegates implementation to the States, providing them
                   with technical and financial assistance.
                                              1-7

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 SECTION I
     INTRODUCTION TO THE  RESOURCE CONSERVATION
     AND RECOVERY ACT
RCRATODAY
                       The regulated community necessarily is involved with the
                       RCRA program because it must comply with the law and its
                       regulations.  Finally, the general  public participates  by
                       providing input and comments at almost every stage of the
                       program's development and implementation.

                       When RCRA was first enacted in  1976, much work was
                       required to implement the program. Since then, both the
                       Subtitle C and D programs have been established through
                       regulations, andEPA and authorized States have concentrated
                       on implementing the Subtitle C program by issuing permits to
                       TSDFs. Delegation of the RCRA program to individual S tates
                       continues. EPA is working to implement the provisions of
                       HSWA within the existing regulatory framework. For example,
                       EPA has developed and continues to expand regulations to
                       restrict the land disposal of wastes. In addition, under RCRA
                       Subtitles I and J, new programs for regulating underground
                       storage tanks  and medical wastes were developed.

Waste Minimization   As the scope of waste management has come into focus, one
                      fact is clear: the preferred manner of managing waste is not to
                      generate it in the first place. Congress recognized this and
                      made it one of the goals of Subtitle C of RCRA — to reduce
                      or eliminate  the generation  of  hazardous  waste.  EPA
                      established a waste minimization program to achieve  this
                      goal. EPA uses  the term "waste minimization" to mean the
                      reduction, to the extent feasible, of hazardous waste generated
                      prior to any treatment, storage, or disposal of the waste. It is
                      defined as any source reduction or recycling activity that
                      results in either reduction of total volume of hazardous waste
                      or reduction of toxicity of hazardous waste, or both, as long as
                      that reduction is consistent with the general goal of minimizing
                      present and future threats to human health and the environment.

                      RCRA contains several provisions for implementing hazardous
                      waste minimization. Section 3002 requires hazardous waste
                      generators to identify in their biennial reports to EPA (or the
                      State) the efforts undertaken to reduce the volume and toxicity
                      of waste generated and reductions in volume and  toxicity
                      actually achieved.  In addition, generators  are required to
                      certify  on the manifest accompanying off-site shipment of
                      their waste that they have a program in place to reduce the
                     volume or quantity and toxicity of such waste to the degree

                         1-8

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SECTION I
INTRODUCTION TO THE  RESOURCE CONSERVATION
AND RECOVERY ACT
                                         determined by the generator to be economically practicable.
                                         EPA published guidance in June 1989 to assist hazardous
                                         waste generators in developing such a waste minimization
                                         program.

                                         EPA is in  the  process  of developing  a  strategy  for
                                         institutionalizing waste minimization within the RCRA waste
                                         management framework. The strategy has five overall goals:

                                         •  Promote progress through outreach, technical guidance,
                                            and information

                                         •  Identify barriers in the RCRA program; develop
                                            regulatory, nonregulatory, and statutory remedies

                                         «  Promote innovative idea development among RCRA
                                            program managers and staff

                                         •  Measure  progress in waste minimization

                                         •  Develop  and reinforce a partnership with States.

                                         In recent years, more and more States have established waste
                                         minimization programs to assist industry in  realizing the
                                         benefits of waste minimization. In many instances, there are
                                         significant economic incentives to adopt waste minimization
                                         practices.  RCRA  hazardous waste regulations make the
                                         handling of hazardous waste an extremely costly, complicated
                                         business. As a result, industries have turned increasingly to
                                         measures aimed at reducing their generation of waste, such as
                                         source reduction and recycling.

                                         EPA is also developing strategies and priorities for encouraging
                                         source reduction and recycling of the nonhazardous solid
                                         waste stream regulated by Subtitle D of RCRA. In addition,
                                         there is a new Agency-wide, multi-media program to promote
                                         pollution prevention.

                                         We have today a national waste management program. As a
                                         result, waste reduction  and recycling are occurring, waste
                                         management methods have improved, and natural resources
                                         are being conserved. Improper waste generation and disposal
                                         can still pose problems, but now we have better management
                                         and enforcement tools for addressing them.
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 SECTION I
INTRODUCTION TO THE RESOURCE CONSERVATION
AND RECOVERY ACT
 OUTLINE OF
 THE MANUAL
                 The remainder of this manual describes in detail the four
                 RCRA programs briefly discussed in this introduction.  In
                 addition, sections reviewing the interrelationships between
                 RCRA' s S ubtitle C program and other environmental statutes,
                 and public participation are included.  The remainder of the
                 manual consists of:

                 Section II:     Subtitle D of RCRA - Managing Solid Waste
                 Section III:    Subtitle C of RCRA - Managing Hazardous
                                               Waste
                              Chapter 1 —  What is Hazardous Waste?
                              Chapter 2 —  Regulations Applicable to
                                          Generators of Hazardous
                                          Waste
                              Chapter 3 —  Regulations Applicable to
                                          Transporters of Hazardous
                                          Waste
                              Chapter 4 —  Regulations Applicable to
                                          Treatment, Storage, and
                                          Disposal Facilities
                              Chapter 5 —  Permitting
                              Chapter 6 —  Enforcement
                              Chapter 7 —  State Authorization
                 Section IV:    Subtitle I of RCRA -  Managing Underground
                             Storage Tanks
                 Section V:    Subtitle J of RCRA - Managing Medical
                             Waste
                 Section VI:    RCRA and its Relationship to Other
                             Environmental Statutes
                 Section VII:   Public Participation
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

                   1-10

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SECTION I
INTRODUCTION TO THE  RESOURCE CONSERVATION
AND RECOVERY ACT
                                         •   Reduce waste and conserve energy and natural
                                            resources

                                         «   Reduce or eliminate the generation of hazardous waste
                                            as expeditiously as possible.

                                         To achieve these goals, four distinct yet interrelated programs
                                         exist under RCRA:

                                         «   SubtitleD—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—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—Regulates petroleum products and hazardous
                                            substances (as defined under Superfund) that are stored in
                                            underground tanks.

                                         •  Subtitle!— Regulates medical waste generation, treatment,
                                            destruction, and disposal.

                                         There are several components of RCRA:

                                         •  Act — Describes, in statutory language, 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 to carry out the Act.
                                            Authority for developing regulations is found in the Act.
                                            Regulations are published in  the Federal Register and
                                            codified in the Code of Federal Regulations.

                                         •   Guidance—Developed and issued by EPA (or the States)
                                             to provide instructions on how to implement requirements
                                             of either the Act or regulations.

                                         ,».  Policy — Statements  developed by EPA (or the States)
                                              Ml

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SECTION I
INTRODUCTION TO THE RESOURCE CONSERVATION
AND RECOVERY ACT
                                      outlining a position on a topic or giving instructions on
                                      how a procedure should be conducted.

                                   RCRA continues to change with amendments to the statute.
                                   These amendments significantly.expand both the scope (e.g.,
                                   the creation of S ubtitle J) and detailed requirements of the Act.
                                     1-12

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                    SECTION n
  SUBTITLE D OF RCRA - MANAGING SOLID WASTE
OVERVIEW
-  Exceptions to the Definitions of Solid Waste

MANAGEMENT OF SOLID WASTE UNDER SUBTITLE D

-  Criteria for Classification of Solid Waste Disposal Facilities and Practices
-  State Plan Guidelines

EXEMPTIONS FROM THE SUBTITLE D CRITERIA

NEW DIRECTIONS

-  Report to Congress
-  Subtitle D Criteria Revisions
-  Municipal Solid Waste Agenda for Action

SUMMARY

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SECTION II     SUBTITLE D OF RCRA - MANAGING
                            SOLID WASTE
OVERVIEW
     Solid Waste Management
     Objectives:

    •   Encourage environmentally
       sound solid waste management
       practices

    •   Maximize the re-use of
       recoverable resources

    •   Foster resource conservation
Congress enacted the Solid Waste Disposal Act of 1965,
which established grant programs for the development of
solid waste management plans by States and/or interstate
agencies. Subsequent amendments to the Solid WasteDisposal
Act — the Resource Recovery Act of 1970, RCRA in 1976,
and HSWA in 1984 —  have substantially increased the
Federal government'sinvolvementin solid waste management.
However, the Subtitle D program continues to be implemented
principally by State and local governments.

The term "solid waste" used in Subtitle D refers almost
exclusively to nonhazardous solid waste. The bulk of the
statutory and regulatory requirements covering the handling
and disposition of most hazardous solid waste falls under
Subtitle  C of RCRA, which is addressed in Section III.

The primary objectives of Subtitle D as outlined in Section
4001 of the Act "are to assist in developing and encouraging
methods for  the  disposal  of solid  waste  which  are
environmentally sound and which maximize the utilization of
valuable resources including energy and materials, which are
recoverable from solid waste and  to encourage resource
conservation." To achieve these objectives, the 1976 statutory
amendments mandated that EPA develop criteria for the
classification of solid waste disposal facilities and practices
(Section 4004) and established a framework for State solid
waste management plans (Sections  4002, 4003, 4006, and
4007).

EPA promulgated the criteria (40 CFRPart 257) on September
13,1979. These criteria establish standards for determining
whether solid waste disposal facilities and practices may pose
adverse effects on human health and the environment. Facilities
that fail  to meet the criteria are "open dumps" (as referred to
in Section 4005 of RCRA) for purposes of State solid waste
management planning efforts under Subtitle D. The criteria
provide  the basis for enforcing the prohibition on "open
dumps"  and may be used by citizens to sue in Federal District
Court.

EPA published guidelines for State solid waste management
plans (40 CFR Part 256) on July 31,  1979.  Using  these
                                            H-l

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  SECTION H
SUBTITLE D OF RCRA - MANAGING SOLID WASTE
 DEFINITION OF
 SOLID WASTE
HOUSEHOLD
 GARBAGE
          COMMERCIAL
             REFUSE
                               O--^\. »
                           SLUDGE
            Exceptions to the Definition
                         of Solid Waste
                  guidelines, States began developing plans and submitting the
                  them to EPA for approval. EPA's role with respect to State
                  plans is  limited to establishing  the  guidelines  for their
                  development, providing technical assistance, and approving
                  plans that comply  with  these requirements. The  main
                  responsibility for developing and implementing State plans
                  lies with each State.

                  This section presents an outline of the Subtitle D program. In
                  doing so, it defines the term "solid waste"; describes how State
                  plans are developed, approved, and implemented; reviews the
                  current SubtitleD Criteria; lists exemptions from the Criteria;
                  and acknowledges new directions for the Subtitle D program.

                  The term "solid waste" is very broad, including not only the
                  traditional nonhazardous solid wastes, such as municipal
                  garbage, but also hazardous solid wastes. Subtitle C regulates
                  hazardous wastes; Subtitle D covers all other solid wastes.
                  Subtitle D covers certain hazardous wastes excluded from
                  regulation under Subtitle C, e.g., household hazardous wastes
                  and hazardous wastes generated by small quantity generators.
                  (Subtitle C wastes are discussed in Section III.) Section 1004
                  (27) of the Act defines solid waste as:

                  •   Garbage, e.g., milk cartons and coffee grounds

                  •   Refuse, e.g.,  metal scrap, wall board, and empty
                     containers

                  •   Sludge from  a waste treatment plant, water supply
                     treatment plant, or pollution control facility, e.g.,
                     scrubber sludges

                  •   Other discarded material, including  solid, semisolid,
                     liquid, or contained gaseous material resulting from
                     industrial, commercial, mining,  agricultural, and
                     community activities, e.g., boiler slag, fly ash.

                  To understand the RCRA definition of solid waste, keep in
                  mind that not all solid waste is solid. As noted above, many
                  solid wastes are liquid, while others are semisolid or gaseous.

                  If the definition were limited to that given above, just about
                  every type of waste produced by man would qualify as solid
                                             H-2

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SECTION n
SUBTITLE D OF RCRA - MANAGING SOLID WASTE
MANAGEMENT OF SOLID
WASTE UNDER SUBTITLE D
           Criteria for Classification of
         Solid Waste Disposal Facilities
                         and Practices
                  waste. This, however, is not the case, and Section 1004(27)
                  contains a number of exceptions to the definition. Specifically,
                  the following materials are not considered solid waste under
                  RCRA:

                  •  Domestic sewage (defined as untreated sanitary wastes
                     that pass through a sewer system)

                  •  Industrial wastewater discharges regulated under the
                     Clean Water Act

                  •  Irrigation return flows

                  •  Nuclear materials, or by-products, as defined by the
                     Atomic Energy Act of 1954.

                  Subtitle D  establishes a solid waste management framework
                  that has two main components:

                  1) Criteria for classification of solid waste disposal facilities
                     and practices

                  2) Guidelines for the development and implementation of
                     State plans.

                  The first component of the Subtitle D program is the "Criteria
                  for Classification of Solid Waste Disposal Facilities and
                  Practices," commonly called the "Subtitle D Criteria"  (40
                  CFR Part 257). The Criteria are used to determine which solid
                  waste disposal facilities and practices  pose a reasonable
                  probability of adverse effects on health and the environment.
                  Facilities failing to satisfy criteria are considered open dumps
                  for purposes of State solid waste management planning.

                  The 40 CFR Part 257 Criteria include general environmental
                  performance  standards addressing  eight   major  topics:
                  Floodplains, endangered species, surface water, ground water,
                  land application, disease, air, and safety. A brief summary of
                  these provisions follows.

                  40 CFR 257.3-1 specifies that  facilities  or practices in
                  floodplains shall not interfere with the floodplain or result in
                  washout of solid waste so as to pose a hazard to human life,
                  wildlife, or land or water resources. 40 CFR 257.3-2 prohibits
                                             H-3

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SECTION n
SUBTITLE D OF RCRA - MANAGING SOLID WASTE
   Areas Covered  by the Subtitle
              D Criteria
                   solid waste disposal facilities  and practices that cause or
                   contribute to the taking of any endangered or threatened
                   species or result in the destruction or adverse modification of
                   the critical  habitats of such species.  The surface water
                   provision, 40 CFR 257.3-3 specifies that disposal facilities
                   shall not cause a discharge pf pollutants or dredged or fill
                   material to waters of the United States. To do so is in violation
                   of Section 402 or Section 404 of the Clean Water Act. 40 CFR
                   257.3-4 lays out the ground-waterprotection standards, which
                   require thatfacilities and practices not exceed the Safe Drinking
                   Water Act Maximum Contaminant Levels (MCLs) in an
                   underground drinking water source beyond the solid waste
                   unit boundary or beyond an alternative boundary specified by
                   the State.

                  40 CFR 257.3-5 requires that a facility or practice meet certain
                  restrictions with respect to the concentrations of cadmium and
                  polychlorinated biphenyls (PCBs) contained in waste applied
                  to land used for producing food crops.  40 CFR 257.3-6
                  specifies  that waste disposal facilities and practices must
                  institute appropriate disease vector controls, such as periodic
                  application of cover material. In addition, 40 CFR 257.3-6
                  requires pathogen reduction processes for sewage sludges and
                  septic tank pumpings applied to  land.

                  The air criterion in 40 CFR 257.3-7 prohibits open burning of
                  solid waste (with certain exceptions) and specifies that the
                  applicable requirements of the State Implementation Plans
                  developed under Section 110 of the Clean Air Act must be
                  met. Finally, the safety provisions of 40 CFR 257.3-8 require
                  control of explosive gases, fires,  bird hazards to aircraft, and
                  public access to the facility.

                  The Part 257 Criteria serve as minimum technical standards
                  for solid waste disposal facilities.  Facilities must comply with
                  the Part 257 Criteria to ensure that ongoing operations 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. Part 257 applies to facilities in all States,
                  regardless of the existence of an approved management plan.
                  Furthermore, States have the option of developing criteria
                  more stringent than the 40 CFR Part 257 Criteria. Compliance
                  with Part 257 and the ban on dumping can be enforced through
                  citizen suits (Section 7002 of the Act) or by the State.
                                            II-4

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SECTION n
SUBTITLE D OF RCRA - MANAGING SOLID WASTE
                 State Plan Guidelines
                  In addition to serving as minimum technical standards, the
                  Part 257 Criteria were used to identify open dumps.  As
                  mentioned  above, an open dump is defined  as a disposal
                  facility that does not comply with one or more-of the Subtitle
                  D Criteria.  Using the Criteria as a benchmark, each State
                  evaluated the solid waste disposal facilities within its borders
                  to determine which were open dumps and, therefore, needed
                  to be closed or upgraded.  For each facility that failed to
                  comply with one or more of the Criteria, the State completed
                  an Open Dump Inventory Report form that was sent to the
                  Bureau of the  Census.  At the end of each fiscal year, the
                  Bureau compiled all of the report forms and sent them to EPA,
                  where they were summarized and published as the Inventory
                  of Open Dumps.  These inventories were published annually
                  from 1981-1985.

                  Guidelines for State solid waste management plans are found
                  in 40 CFR Part 256. The purpose of these guidelines is to assist
                  States in developing and implementing EPA-approved solid
                  waste management plans.   Such plans serve  to  ensure
                  environmentally sound solid waste management and disposal,
                  resource conservation, and maximum utilization of valuable
                  resources.  The  guidelines assist States by outlining the
                  minimum requirements for State plans and detailing  how
                  these plans are approved by EPA. Although EPA-approved
                  State plans all follow the guidelines on 40 CFR Part 256, not
                  all State plans are identical. Each plan reflects a State's unique
                  solid waste management needs.

                  The State plan must include the following elements as specified
                  in the guidelines:

                  •   Identifying the responsibilities of State, local, and
                      regional authorities in implementing the plan

                  •   Establishing a solid waste disposal program that
                      prohibits new open dumps, provides for the closing or
                      upgrading of ah1 existing open dumps, and establishes
                      any State regulatory powers necessary to implement the
                      plan

                  •   Developing a strategy for encouraging resource
                      recovery and conservation activities
                                             II-5

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 SECTION n
SUBTITLE D OF RCRA - MANAGING SOLID WASTE
EXEMPTIONS FROM THE
SUBTITLE D CRITERIA
 NEW DIRECTIONS
                  •   Ensuring that adequate facility capacity exists to
                     dispose of solid waste in an environmentally sound
                     manner

                  •   Coordinating with other environmental programs

                  «   Ensuring public participation in plan development,
                     regulatory development, facility permitting, and open
                     dump inventory.

                  Once the plan has been developed and adopted by the State, it
                  is submitted to EPA for approval.  Within 6 months from the
                  date of submittal, the Administrator must either approve or
                  disapprove the plan. Approval is granted if the Administrator
                  finds that the plan fulfills all of the minimum requirements set
                  out in the guidelines.

                  In accordance with 40 CFR 257.1 (C), certain solid waste
                  disposal facilities or practices are exempted from complying
                  with the Subtitle D Criteria, including:

                  •   Agricultural wastes used as fertilizers or soil
                     conditioners

                  •   Domestic sewage applied to the land

                  •   Hazardous waste disposal facilities regulated under
                     Subtitle C of RCRA

                  •   Industrial discharges that are point sources and subject
                     to permits under Section 402 of the Clean Water Act.

                 RCRA Section 4010, as amended by HSWA,  required EPA
                 to conduct a study and submit a Report to Congress on the
                 adequacy of certain solid waste guidelines and criteria.
                 Specifically,  EPA was  required to determine whether the
                 Criteria  are adequate to protect human health and the
                 environment from ground-water contamination. The report
                 also was to evaluate the  need for additional enforcement
                 authorities for Subtitle D. Furthermore, EPA was required to
                 revise the Criteria to address facilities that receive hazardous
                 household waste or hazardous waste from small quantity
                 generators  (the definition of small quantity  generators is
                                           II-6

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SECTION II
SUBTITLE D OF RCRA - MANAGING SOLID WASTE
                    Report to Congress
                     Subtitle D Criteria
                             Revisions
                   discussed in Section III). Congress directed that, ataminimum,
                   the revisions should require ground-water monitoring to detect
                   contamination, establish criteria on the acceptable location of
                   new or existing facilities, and provide for corrective action, as
                   appropriate.

                   In addition to requiring  revisions  to the Criteria, HSWA
                   directed States to establish permit programs, or other systems
                   of prior approval and conditions, for facilities receiving
                   household  hazardous waste or hazardous waste from small
                   quantity generators. These permit programs are meant to
                   ensure that such facilities  are in compliance with the existing
                   40 CFR Part 257 Criteria.

                   In October 1988, EPA submitted to Congress its report on the
                   adequacy of the existing Subtitle D Criteria.  This  report
                   represented EPA' s most comprehensive review of solid waste
                   management in the U.S. in a decade. In preparing the report,
                   EPA found that some 11 billion tons of solid waste - including
                   agricultural, mining, oil and gas, industrial, as well as municipal
                   solid wastes - are produced in the U.S. every year.  These
                   wastes are managed in an estimated 227,000 storage and
                   disposal units, including surface impoundments, waste piles,
                   landfills, and land treatment units. Environmental controls on
                   these units  vary widely.

                   The Report to Congress revealed that most information on
                   solid waste management, available at the State and local level,
                   is on municipal solid waste landfills (MS WLFs). The Agency
                   learned that approximately 160 million  tons of municipal
                   solid waste are generated each year, 131 million tons of which
                   are landfilled in just over 6,500 MSWLFs. Information on
                   these landfills indicates that they vary widely in the use of
                   environmental controls such as clay or synthetic liners, liquid
                   (leachate) collection systems, and ground-water monitoring,
                   and  that they  may pose  significant threats to ground and
                   surface water resources. The Report to Congress concluded
                   that MSWLFs are adversely affecting the environment and
                   that  the current Subtitle  D  Criteria and State  regulatory
                   requirements are not adequate to address these problems.

                   In HSWA, Congress required EPA (in Section 4010) to revise
                   the existing Subtitle D Criteria for solid waste "facilities that
                   may receive hazardous household waste or hazardous wastes
                                             II-7

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SECTION II
SUBTITLE D OF RCRA - MANAGING SOLID WASTE
                                         from small quantity  generators  under Section 3001 (d)."
                                       ,  Through information gathered for the Report to Congress on
                                         solid waste management, EPA determined that these wastes
                                         are disposed primarily in MSWLFs.  Consequently, EPA
                                         proceeded first with revising the criteria for MSWLFs.

                                         In August 1988, EPA proposed revisions to the Subtitle D
                                         Criteria, regulating MSWLFs under 40 CFR Part 258 instead
                                         of Part 257. The proposed rule would significantly expand the
                                         current criteria contained in 40 CFR Part 257 and would set
                                         standards of performance for protecting human health and the
                                         environment to meet the HSWA mandate. Like the 40 CFR
                                         Part 257 Criteria,  the revised criteria for MSWLFs  will
                                         contain  location and operating requirements for protecting
                                         air, surface, and ground-water resources.

                                         EPA has attempted to retain a high degree of consistency
                                         between Part 257 and the proposed 40  CFR Part 258 by
                                         investing the primary responsibility for implementing the
                                         revised Part 258 Criteria with States. In fact, HSWA requires
                                         States to establish a permit program, or other system of prior
                                         approval and conditions, to en sure compliance with the revised
                                         Criteria within 18 months of their promulgation.  If EPA
                                         determines, however, that a State program is not adequate to
                                         ensure compliance with the revised Criteria, the Agency may
                                         enforce the revised Criteria using the enforcement authorities
                                         of Sections 3007 and  3008 of Subtitle C of RCRA. EPA is
                                         continuing to collect  information regarding other types of
                                         facilities (e.g., industrial solid waste facilities and construction
                                        demolition debris landfills) that may receive small quantity
                                        generator hazardous waste or may pose threats to human
                                        health or the environment.  The revised Criteria are expected
                                        to be promulgated in Fiscal Year 1990.

                Municipal Solid Waste   Increasing attention at the Federal, State,  and local levels is
                    Agenda for Action   being directed at municipal solid waste management. Although
                                        primarily a local responsibility, the problems associated with
                                        municipal solid  waste management are national in scope.
                                        Recognizing the need for a national response to the problem,
                                        EPA created a Municipal Solid Waste Task Force to develop
                                        a strategy for improving the n ation' s management of municipal
                                        solid waste.
                                           II-8

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SECTION n
SUBTITLE D OF RCRA - MANAGING SOLID WASTE
                                         After a year-long effort, the Task Force produced its report,
                                         "The Solid Waste Dilemma:  An Agenda for Action," in
                                         February 1989. The Agenda provides a number of proposals
                                         for actions by EPA, States, local governments, industry, and
                                         the public.  It  identifies an integrated waste management
                                         hierarchy — combining the complementary use of source
                                         reduction, recycling, combustion, and landfills— as the best
                                         approach for comprehensively managing municipal solid
                                         waste.

                                         The Task  Force surveyed current municipal solid waste
                                         management practices and identified goals for sound national
                                         policy. Recognizing the ever-widening gap between declining
                                         waste management capacity and rising  levels of waste
                                         generation, the Task Force determined that the nation must
                                         find "a safe and permanent way to eliminate the gap between
                                         waste  generation and  available  capacity  in landfills,
                                         combustion, and in secondary materials markets." The Task
                                         Force concluded that source reduction and recycling are the
                                         preferred options for closing this gap and reducing the amount
                                         and toxicity of waste. As a result, EPA established a national
                                         goal to divert 25 percent of the nation's municipal solid waste
                                         from landfills and combustors through source reduction and
                                         recycling by 1992.  An equally important feature of the
                                         Agenda is strengthening the reliability and safety of all solid
                                         waste management options. The revised Criteria forMS WLFs,
                                         as well as other EPA rulemaking to improve the performance
                                         of municipal waste combustors, are part of this effort.

                                         Finally, the Task Force identified objectives for national
                                         action to address the municipal solid waste dilemma. These
                                         objectives involve not only EPA efforts but the participation
                                         of State and local governments, industry, waste managers, and
                                         the public in implementing the concept of integrated waste
                                         management. These objectives include:

                                         •   Increasing the waste planning and management
                                            information (both technical and educational) available
                                            to States, local communities, waste handlers, citizens,
                                            and industry

                                         •   Increasing data collection on waste generation for
                                            research and development

                                         •   Increasing effective planning by waste handlers, local

                                             II-9

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SECTION n
SUBTITLE D OF RCRA - MANAGING SOLID WASTE
SUMMARY
                     communities, and States

                  •  Increasing source reduction activities by the
                     manufacturing industry, government, and citizens

                  •  Increasing recycling by government and by individual
                     and corporate citizens

                  •  Reducing the risks from municipal waste combustion
                     in order to protect human health and the
                     environment

                  «  Reducing the risks from landfills in order to protect
                     human health and the environment.

                  To ensure that these objectives are properly addressed, the
                  Agenda proposes an ambitious schedule of specific activities
                  to be undertaken for each objective through 1991.

                  The Subtitle D program is implemented principally at the
                  State and local level. While Subtitle C addresses hazardous
                  solid waste, Subtitle D primarily addresses nonhazardous
                  solid waste. Certain hazardous wastes excluded from Subtitle
                  C regulation are covered by Subtitle D (e.g., household and
                  small quantity generator hazardous wastes). The main goals
                  of the Subtitle D program, as  outlined in Section 4001 of
                  RCRA, are to encourage solid waste management practices
                  that:

                  •   Promote environmentally sound disposal methods

                  •   Maximize the reuse of recoverable resources

                  •   Foster resource conservation.

                  To achieve these goals, RCRA establishes the framework for:

                  •   A voluntary program under which participating States
                     may develop solid waste management plans. Each plan
                     must outline the steps States will take to ensure that:

                      -  Solid waste is properly managed

                      -  Resources are conserved and recovered (where
                       possible)

                    11-10

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SECTION n
SUBTITLE D OF RCRA - MANAGING SOLID WASTE
                                           - Open dumps are closed or upgraded

                                        •   Technical standards for solid waste management
                                           facilities.  The standards, commonly called the
                                           Subtitle D Criteria, are mandatory and establish
                                           minimum technical disposal requirements.

                                        As a result of HSWA, the Part 257 Criteria are being revised
                                        to address facilities that receive household hazardous waste
                                        and small quantity generator hazardous waste.  The States
                                        must develop a permit program,  or other system of prior
                                        approval and conditions, to implement the Part 258 revised
                                        Criteria.

                                        Recognizing that  the municipal solid waste management
                                        problem requires a national response, EPA has launched an
                                        ambitious "Agenda for Action" to encourage integrated waste
                                        management.    EPA  has identified an integrated waste
                                        management  hierarchy and encourages complementary use
                                        of source reduction, recycling, combustion, and landfills.
                                        EPA has set a national goal to reduce waste over 25 percent by
                                        1992 by means of source reduction and recycling.
                                           11-11

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                 SECTION III

             SUBTITLE C OF RCRA -
         MANAGING HAZARDOUS WASTE
CHAPTER 1 -  WHAT IS HAZARDOUS WASTE?

CHAPTER 2 -  REGULATIONS APPLICABLE TO GENERATORS OF
           HAZARDOUS WASTE

CHAPTER 3 -  REGULATIONS APPLICABLE TO TRANSPORTERS OF
           HAZARDOUS WASTE
CHAPTER 4 -
REGULATIONS APPLICABLE TO TREATMENT,
STORAGE, AND DISPOSAL FACILITIES
CHAPTER 5 -  PERMITTING
CHAPTER 6 -  ENFORCEMENT
CHAPTER 7 -  STATE AUTHORIZATION

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SECTION III     SUBTITLE C  OF RCRA - MANAGING
                              HAZARDOUS WASTE
OVERVIEW
                  WHAT IS
               HAZARDOUS WASTE
                TRANSPORTER
                 TSD
                FACILITIES
                                  J
      ENFORCEMENT
The improper management of hazardous waste is probably
one of the most serious environmental problems in the United
States.  In  1979, EPA estimated that only 10 percent of all
hazardous waste was managed in an environmentally sound
manner. The remainder was transported, treated, stored, or
disposed of in a way that potentially threatens human health
and the environment. Since that time, the amount of hazardous
waste produced has steadily risen.

Mismanagement has potentially severe consequences: ground
water — the source of drinking water for about half the
nation's population — is polluted from the open dumping of
wastes  or  from improperly operated landfills  and surface
impoundments.  In some areas, residents obtain  drinking
water from other sources because ground-water supplies are
so badly contaminated with toxic or cancer-causing chemicals
and heavy  metals.

Ground-water pollution is not the only problem posed by
improper hazardous waste management.   The improper
disposal of hazardous waste has polluted streams, rivers,
lakes, and other surface waters, killing aquatic life, destroying
wildlife, and stripping areas of vegetation. In other cases, the
vaporization of volatile organic materials from wastes that
were improperly disposed of has been linked to respiratory
illnesses, skin diseases (including skin cancer), and elevated
levels of toxic materials in the blood and tissues of humans 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 firemen.

The Subtitle C program developed under RCRA (Sections
3001 -  3019 of the Act) is  designed to ensure that the
mismanagement of hazardous waste does not continue. It
does this by creating a Federal "cradle-to-grave" system to
manage hazardous waste (including provisions for cleaning
up releases) and to set forth  statutory and regulatory
requirements for:

•  Identifying hazardous waste

«  Generators of hazardous waste
                                            m-i

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SECTION m
SUBTITLE C OF RCRA - MANAGING HAZARDOUS WASTE
                                        •   Transporters of hazardous waste

                                        •   Owners and operators of facilities that treat, store, or
                                           dispose of hazardous wastes

                                        •   Issuing operating permits to owners or operators of
                                           treatment, storage, and disposal facilities, and providing
                                           for corrective action for hazardous waste releases

                                        •   Enforcing the Subtitle C program

                                        •   Transferring the responsibilities of the Subtitle C
                                           program from the Federal government to the States.

                                        The statutory and regulatory requirements entailed above are
                                        discussed and elaborated upon  in separate chapters in this
                                        section.
                                          in-2

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                  ••CHAPTER1
           WFIAT IS HAZARDOUS WASTE?
OVERVIEW
DEFINITION OF HAZARDOUS WASTE
IDENTIFICATION OF HAZARDOUS WASTE

CHARACTERISTICS

-  Ignitability
  Corrosivity
-  Reactivity
-  EPToxicity

TESTING FOR HAZARDOUS WASTE CHARACTERISTICS

LISTING OF HAZARDOUS WASTES

HAZARDOUS WASTE MIXTURES

WASTES SPECIFICALLY EXCLUDED FROM SUBTITLE C
REGULATION

WASTES DERIVED FROM HAZARDOUS WASTE

WHEN DOES A HAZARDOUS WASTE CEASE BEING HAZARDOUS?

MIXED WASTE REGULATION

RELATIONSHIP TO STATE HAZARDOUS WASTE PROGRAMS

SUMMARY

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CHAPTER 1      WHAT IS HAZARDOUS WASTE?
OVERVIEW
             WHAT IS
        HAZARDOUS WASTE
DEFINITION OF
HAZARDOUS WASTE
The regulatory framework established under Subtitle C was
designed to protect human health and the environment from
the effects of improper management of hazardous  waste.
Determining "what is a hazardous waste?" therefore, is a key
question because only those  wastes that are found to be
hazardous are subject to Subtitle C regulations. Making this
determination is a complex task. The universe of potential
hazardous wastes is large and diverse, consisting of chemical
substances, mixtures, generic waste streams, and specific
products. Furthermore, wastes are potentially hazardous for
differentreasons. Congress addressed thisproblemby directing
EPA (under Section 3001 of the Act) to develop andpromulgate
criteria for identifying the characteristics of hazardous waste
and for listing particular wastes as hazardous.

It is upon this identification and listing of wastes that RCRA's
Subtitle C program is based. All solid waste generators, from
national manufacturers to  the  corner dry cleaners, must
determine if their solid waste is hazardous and thus subject to
regulation under Subtitle C.

This chapter defines the term "hazardous waste" and describes
how EPA determines if a solid waste is hazardous.  It also
discusses those wastes specifically excluded from Subtitle C
regulation.

Congress defined the term  "hazardous waste" in Section
1004(5) ofRCRAasa "solid waste, or combination of solid
wastes,  which because of its quantity, concentration, or
physical, chemical, or infectious characteristics may:

1) Cause, or significantly contribute to an increase in
   mortality or an increase in serious irreversible, or
   incapacitating reversible, illness or

2) Pose a substantial present or potential hazard to human
   health or the environment when improperly treated,
   stored, transported, or disposed of, or otherwise
   managed."

Note that RCRA defines hazardous wastes in terms of properties
of a solid waste. Therefore, if a waste is not a solid waste, as
defined in Subtitle D, it cannot be a hazardous waste.
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 CHAPTER 1
WHAT IS HAZARDOUS WASTE?
IDENTIFICATION OF
HAZARDOUS WASTE
CHARACTERISTICS
                  The amount of hazardous waste  generated by American
                  industries is staggering. A survey by EPA estimates that 275
                  million metric tons of hazardous waste were generated in
                  1985.  This translates into over 1 ton of hazardous waste
                  generated per person, per year. The  vast majority of these
                  wastes come from the chemical and petroleum industries.
                  These industries alone generate 71 percent of all hazardous
                  wastes produced. The remainder comes from a wide range of
                  other  industries,  including  metal finishing,  general
                  manufacturing, and transportation.

                  Although Congress defined the term "hazardous waste" in the
                  Act, EPA was required to develop the regulatory framework
                  that would identify those solid wastes that must be managed
                  as hazardous wastes under Subtitle C. This framework (40
                  CFR Part 261), specifies that a solid waste is hazardous if it
                  is not excluded from regulation as a hazardous waste and it
                  meets any of the following conditions:

                  1)  Exhibits any of the characteristics of a hazardous waste

                  2)  Has been named as a hazardous waste and listed as such
                     in the regulations

                  3)  Is a mixture containing a listed hazardous waste and a
                     nonhazardous solid waste

                  4)  Is a waste derived from the treatment, storage, or
                     disposal of a listed hazardous waste.

                  EPA has identified four characteristics for hazardous waste.
                  Any solid  waste  that exhibits one  or more of  these
                  characteristics is classified as hazardous under RCRA:

                  •   Ignitability

                  •   Corrosivity

                  •   Reactivity or

                  •   Extraction Procedure (EP) Toxicity.

                 EPA considered two criteria in selecting these characteristics.
                 The first criterion was that the characteristics be capable of
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CHAPTER 1
WHAT IS HAZARDOUS WASTE?
 Ignitability   CorroslvHy
                       Reactivity
                                 Toxicity
     A waste is hazardous if it exhibits any of these four characteristics.
                           Ignitafoility
                   being defined in terms of physical, chemical, orotherproperties
                   that cause the waste to meet the definition of hazardous waste
                   in the Act.  The second criterion was that the properties
                   defining the characteristics be measurable by standardized
                   and available testing protocols.  The second criterion was
                   adopted because the primary responsibility for determining
                   whether a solid waste exhibits any of the characteristics rests
                   with generators.  EPA believed that unless generators were
                   provided with widely available and uncomplicated methods
                   for  determining  whether  their  wastes  exhibited  the
                   characteristics, the  identification  system  would prove
                   unworkable.

                   Largely due to this second criterion, EPA has to date refrained
                   from adding carcinogenicity, mutagenicity, bioaccumulation
                   potential, and phytotoxicity to the set of characteristics. EPA
                   considered the available test protocols for measuring these
                   additional characteristics to be either insufficiently developed
                   or too complex and too highly dependent on the use of skilled
                   personnel and professional equipment. Additionally, given
                   the current state of knowledge concerning such characteristics,
                   EPA did not feel that it could define with any confidence the
                   numerical threshold levels at which wastes exhibiting these
                   characteristics would present a substantial hazard. As testing
                   protocols become generally acceptable and EPA's confidence
                   in setting minimum thresholds increases, more characteristics
                   will  be added.

                   40 CFR  261.20 through 261.24 defines the properties of
                   wastes exhibiting any or all of the existing characteristics
                   described below.

                   A solid waste that exhibits any of the following properties is
                   considered a hazardous waste due to its ignitability:

                   •  A liquid, except aqueous solutions containing less than
                      24 percent alcohol, that has a flash point less than 60°
                      C (140° F)

                   «  A nonliquid capable, under normal conditions, of
                      spontaneous and sustained combustion

                   •  An ignitable compressed gas per Department of
                      Transportation (DOT) regulations or
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CHAPTER 1
WHAT IS HAZARDOUS WASTE?
                                         •   An oxidizer per DOT regulation.

                                         EPA' s reason for including ignitability as a characteristic was
                                         to identify wastes that could cause fires during transport,
                                         storage, or disposal.  Examples of ignitable wastes include
                                         waste oils and used solvents.

                           Corrosivity   A solid waste that exhibits any of the following properties is
                                         considered a hazardous waste due to its corrosivity:
                                         •  An aqueous material with pH less than or equal to 2 or
                                            greater than or equal to 12.5 or

                                         •  A liquid that corrodes steel at a rate greater than 1/4
                                            inch per year at a temperature of 55° C (130° F).

                                         EPA chose pH as an indicator of corrosivity because wastes
                                         with high or low pH can react dangerously with other wastes
                                         or cause toxic contaminants to migrate from certain wastes. It
                                         chose steel corrosion  because wastes capable of corroding
                                         steel can escape from their  containers and  liberate other
                                         wastes. Examples of corrosive wastes include acidic wastes
                                         and used pickle liquor (employed to clean steel during its
                                         manufacture).
                            Reactivity   A solid waste that exhibits any of the following properties is
                                         considered a hazardous waste due to its reactivity:
                                            Normally unstable and reacts violently without
                                            detonating

                                            Reacts violently with water

                                            Forms an explosive mixture with water

                                            Generates toxic gases, vapors, or fumes when mixed
                                            with water

                                            Contains cyanide or sulfide and generates toxic gases,
                                            vapors, or fumes at a pH of between 2 and 12.5

                                            Capable of detonation if heated under confinement or
                                            subjected to strong initiating source
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CHAPTER 1
WHAT IS HAZARDOUS WASTE?
                           EP Toxicity
Constituent
Arsenic
Barium
Cadmium
Chromium
Lead
Mercury
Selenium
Silver
Endrin
Lindane
Methoxychlor
Toxapheue
2,4 - D
2,4,5 - TP
Concentration
mg/1
5.0
100.0
1.0
5.0
5.0
0.2
1.0
5.0
0.02
0.4 ,
10.0
0.5
10.0
1.0
              Figure  1.1
    Constituents and Concentrations
            for  EP Toxicity
 TESTING FOR HAZARDOUS
 WASTE CHARACTERISTICS
                   •  Capable of detonation at standard temperature and
                      pressure or

                   •  Listed by DOT as Class A or B explosive.

                   Reactivity was chosen as a characteristic to identify unstable
                   wastes that can pose a problem at any stage of the waste
                   management cycle, e.g., an explosion. Examples of reactive
                   wastes include water from TNT operations and used cyanide
                   solvents.

                   The term EP toxicity often confuses newcomers to the program
                   because, in addition to referring to a characteristic of a waste,
                   it also refers to a test. The test, called the extraction procedure
                   (EP), is designed to identify wastes likely to leach hazardous
                   concentrations of particular toxic constituents into the ground
                   water as a result of improper management.

                   During the procedure,  constituents are extracted from the
                   waste in a manner designed to simulate the leaching actions
                   that  occur  in landfills. The extract is  then analyzed to
                   determine if it possesses any of the toxic contaminants listed
                    in Figure 1.1. If the concentrations of the toxic constituent
                    exceed the levels listed in Figure 1.1, the waste is classified as
                    hazardous.

                    The EP toxicity test has been criticized because of its failure
                    to adequately simulate the flow of toxic contaminants to
                    drinking water.  Under HSWA, Congress directed EPA to
                    examine the EP toxicity test to determine  if modifications or
                    additions could improve it as a diagnostic  tool.  EPA plans to
                    replace the test with the Toxicity Characteristic Leaching
                    Procedure (TCLP) test in the near future.

                    The responsibility for determining if a particular solid waste
                    is hazardous falls on the generators. If a solid waste is neither
                    excluded nor listed, as discussed in the following pages,
                    generators must either test their waste using standard methods
                    (specified in 40 CFR Part 261) or have sufficient knowledge
                    about their waste to assess whether it exhibits any of the
                    characteristics. If the waste does exhibit a characteristic, then
                    it is hazardous and must be handled accordingly. Tests must
                    be applied to each individual waste and cannot be  used to
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 CHAPTER 1
WHAT IS HAZARDOUS WASTE?
LISTING OF
HAZARDOUS WASTES
       There are Three Lists
       of Hazardous Wastes:

       •    Non-specific  source
           wastes

       •    Specific  source
           wastes

       •    Commercial
           chemical products.
                  assess a type of waste (other than to define the waste generically
                  as hazardous). This provision was established to prevent a
                  national company from making one waste determination and
                  using the results nationwide, masking potential regional
                  variations. The tests must also be run on representative
                  samples  to obtain results that adequately characterize the
                  nature of the waste.

                  A solid waste is hazardous if it is named on one of three lists
                  developed by EPA:

                  *)  Nonspecific source wastes C40 TFR 9fi1 31) . 7^,. ^
                     generic wastes, commonly produced by manufacturing
                     and industrial processes.  Examples from this list include
                     spent  halogenated solvents  used in degreasing and
                     wastewater treatment sludge from electroplating processes
                    as well as dioxin wastes,  most of which are "acutely
                    hazardous" wastes due to the danger they present to
                    human health and the environment.

                 2) Specific source, wa^g ran rep 0*1 T?) Ttmlirtconiirt:
                    of wastes from specifically identified industries such as
                    wood preserving, petroleum refining, and organic chemical
                    manufacturing. These wastes typically include sludges,
                    still bottoms, wastewaters, spent catalysts, and residues,
                    e.g., wastewater treatment sludge from pigment production.

                 3)  Commercial chemical pmflirfr (An PFP o/q ra(P) and
                    (f)), also called "P" and "U" list wastes) -  The third list
                    consists of specific commercial chemical products, or
                    manufacturing chemical intermediates. This list includes
                    chemicals such as chloroform and creosote, acids such as
                    sulfuric acid and hydrochloric acid, and pesticides such as
                    DDT and kepone.

                 EPA developed these lists by examining different types of
                 wastes and chemical products to see if they met any of the
                 following criteria:

                •  Exhibit one of the four characteristics of a hazardous
                   waste

                •  Meet the statutory definition of hazardous waste
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CHAPTER 1
WHAT IS HAZARDOUS WASTE?
HAZARDOUS WASTE
MIXTURES
                          SOLID
                          WASTE
                   •  Are acutely toxic or acutely hazardous or

                   •  Are otherwise toxic.

                   One of the questions that faced EPA when setting the conditions
                   for identifying hazardous wastes was how to classify a waste
                   mixture that contains both a listed hazardous waste and a
                   nonhazardous solid  waste.  EPA decided that any waste
                   mixture containing a listed hazardous waste is considered a
                   hazardous waste and must be managed accordingly.  This
                   applies regardless of what percentage of the waste mixture is
                   composed of listed hazardous  wastes.  Without such a
                   regulation, generators  could evade Subtitle C requirements
                   simply  by commingling listed  wastes with nonhazardous
                   solid waste. Most of these waste mixtures would not be caught
                   by' the four  Subtitle C characteristics because they would
                   contain wastes  which were  listed for reasons other than
                   exhibiting the characteristics, e.g., they are acutely toxic.
                   Allowing this situation would leave a major loophole in the
                    Subtitle C management system and create inconsistencies in
                    how wastes are managed under that system. However, a few
                    exceptions to the mixture rule outlined above follow:

                    •   If a wastewater discharge subject to regulation by the
                       Clean Water Act is mixed with low concentrations of a
                       listed waste, as specified in 40 CFR 261.3, the resultant
                       mixture is not considered a listed hazardous waste.  Of
                       course, if such a mixture exhibited one of the
                       characteristics, it would be deemed hazardous.

                    •   Mixtures of nonhazardous wastes and listed wastes that
                       were listed for exhibiting a characteristic are not
                       considered hazardous if the mixture no longer exhibits
                       any of the characteristics set forth in Subpart C of 40
                       CFR Part 261.

                    •   Mixtures of nonhazardous wastes  and characteristic
                       hazardous wastes  are not considered hazardous if the
                       mixture no longer exhibits any of the characteristics set
                       forth in  Subpart C of 40 CFR Part 261.

                    •    Certain  concentrations of spent solvents and laboratory
                        wastewater that are discharged in low concentrations
                        and do not pose a threat to human health or the
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  CHAPTER 1
WHAT IS HAZARDOUS WASTE?
 WASTES DERIVED FROM
 HAZARDOUS WASTE
WASTES SPECIFICALLY
EXCLUDED FROM
SUBTITLE C REGULATION
                     environment are excepted.

                  •   De minimis losses of discarded commercial chemical
                     products or intermediaries used as raw materials in
                     manufacturing or produced as by-products are
                     excepted. These include minor losses from spills and
                     transfer of materials, process leaks, and similar
                     incidental discharges.

                 An additional exemption from the mixture rule has been
                 granted to the petroleum refining industry for heat exchanger
                 bundle cleaning sludge.

                 Another question that EPA faced was how to classify residues
                 from the treatment, storage, or disposal of a listed hazardous
                 waste. The Agency decided that any residue derived from a
                 listed hazardous waste is considered a hazardous waste. EPA
                 established this rule because it is reasonable to assume that
                 wastes  derived  from  hazardous  wastes are themselves
                 hazardous unless it can be shown that they do not pose a threat
                 to human health and the environment.

                 Congress decided that certain wastes should not be regulated
                 as hazardous waste, thereby being "excluded" from Subtitle C
                 regulation.  Specifically, Congress outlined:

                 •   Materials which are not solid wastes

                 •   Solid wastes which are not to be considered hazardous
                    waste

                 •   Hazardous waste specifically exempted from regulation

                 •   Waste requiring further study before being regulated as
                    hazardous.

                A generator of solid waste should first determine if the waste
                is specifically excluded from Subtitle C regulation.  If the
                waste is not excluded, the generator must determine if the
                waste is hazardous.

                Excluded wastes include a number of common solid wastes
                that do not present a significant threat to human health or the
                environment or are currently managed under other programs
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CHAPTER 1
WHAT IS HAZARDOUS WASTE?
                                          in a way that minimizes any threat to human health or the
                                          environment, (e.g., household wastes, municipal resource
                                          recovery wastes, agricultural wastes, and mining overburden
                                          returned to the mine site).

                                          Congress exempted certain solid wastes from consideration as _
                                          hazardous waste.  These wastes  are detailed  in 40  CFR
                                          261.4(b).  A few of these  wastes provisionally exempted
                                          included oil and gas production wastes, mining wastes, wastes
                                          from the combustion of coal or other fossil fuels, and cement
                                          kiln dust waste.  To determine if these wastes should be
                                          regulated at all, Congress, under Section 8002 of the Act,
                                          directed EPA to conduct studies and report on whether the
                                          results indicate that the wastes should  be regulated under
                                          Subtitle C. EPA completed several of these "large volume"
                                          studies. As a result, EPA recently determined that regulation
                                          of wastes from the development and production of crude oil,
                                          natural  gas, and geothermal energy is not warranted under
                                          Subtitle  C.  Instead, EPA  has chosen  to expand existing
                                          regulatory programs under Subtitle D, the Clean Water Act,
                                          and the Safe Drinking Water Act.  EPA has also determined
                                          that regulation under Subtitle C of mining wastes (referred to
                                          as "Bevill Wastes") from extraction and beneficiation currently
                                          is not warranted.  Instead,  the Agency plans to develop a
                                          program to regulate these mining wastes under Subtitle D of
                                          RCRA.  Other mining wastes and processing wastes are still
                                          being studied and are provisionally exempt from Subtitle C.

                                          Additional  solid waste  streams  that are  excluded  from
                                          consideration as hazardous wastes include: household waste,
                                          solid waste returned to the soil as fertilizers, various chromium-
                                          containing  wastes, and discarded arsenical-treated wood.
                                          Hazardous wastes generated in raw material or manufacturing
                                          process units are excluded until the wastes leave those units or
                                          until the waste remains in an inactive unit longer than 90 days.
                                          Wastes sent to laboratories or treatment facilities for treatability
                                          studies also are excluded if the stringent provisions of 40 CFR
                                          261.4(d) are followed.

                                          Certain residues of hazardous waste in empty containers also
                                          are excluded from regulation under Subtitle C.  Specifically,
                                          any hazardous waste remaining in a liner or empty container
                                          is exempt if all of the waste has been removed by methods such
                                           as pumping or pouring.  Additionally, no more than 2.5
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CHAPTER 1
WHAT IS HAZARDOUS WASTE?
      -Recycle-
                   -Conserve Energy—
                  centimeters of wastecan remain in the bottom of the container,
                  or less than 3 percent by weight if the container is under 110
                  gallons, less than 0.3 percent if over 110 gallons. Special
                  requirements apply if the waste is acutely hazardous. The
                  liner or container must be triple rinsed or cleaned by an equally
                  effective method. The rinsate then must be handled as a
                  hazardous waste.

                  EPA amended Congress'list of exempted wastes with certain
                  chromium-containing  wastes and laboratory  samples.
                  Language excluding these wastes from RCRA regulation is
                  contained in 40 CFR 261.4(a).

                  Consistent with RCRA's mandate to foster resource recovery,
                  the regulations exempt some secondary materials from RCRA
                  when  they  are  recycled using  certain procedures.   The
                  exemption is based upon the type of secondary material being
                  recycled and the recycling process used. 40 CFR 261.2, Table
                  1 identifies classes of secondary materials including:

                  •   Spent Materials - Materials that have been used and can
                     no longer serve their original purpose without
                     reprocessing

                  •   Sludges - Residues from treatment of air emmissions or
                     wastewater pollution control operations

                  •   By-products - Residual materials from industrial,
                     commercial, mining, and agricultural operations

                  *   Commercial Chemical Products - Chemical products
                     and intermediates, and

                 •   Scrap Metal - Bits and pieces of metal from metal
                    processing operations or consumer use.

                 When recycled, using one of the following processes, some
                 secondary materials are exempted from RCRA regulation.

                 •  Reclamation - Reprocessing to recover a usable
                    product, and

                 *  Speculative Accumulation - Accumulation without
                    evidence of recycling or recyclability.
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CHAPTER 1
WHAT IS HAZARDOUS WASTE?
 WHEN DOES A
 HAZARDOUS  WASTE
 CEASE BEING
 HAZARDOUS?
MIXED WASTE
REGULATION
                   Similarly, RCRA exempts (40 CFR 261.6) or reduces the
                   regulatory  requirements  (40  CFR Part 266) for certain
                   hazardous waste recyclable materials or recycling procedures.
                   These provisions are addressed in Section HI, Chapter 4.

                   EPA recognized that  its  procedures for listing hazardous
                   wastes might not be applicable in all cases. To provide for
                   these cases, EPA created a process called delisting that allows
                   any person, e.g., waste handler or general public, to petition
                   EPA to exclude a listed waste from regulation under Subtitle
                   C. For petitioners to get wastes delisted they must prove to
                   EPA that the wastes are not hazardous because of facility-
                   specific variations in raw materials, processes, or other factors.
                   In evaluating a delisting petition, EPA must consider factors
                   including constituents other than those for which the waste
                   was listed,  if EPA has a reasonable basis to believe that such
                   additional factors could cause the waste to be a hazardous
                   waste. If, upon evaluation, EPA determines that the waste is
                   not hazardous due to conditions at the facility, that waste is
                   removed from Subtitle C's regulatory jurisdiction. Delisting
                   is done  on a case-by-case basis.  Therefore, if a waste is
                   delisted at one facility, it is not automatically delisted at other
                   facilities.

                   Facilities that treat listed wastes often want to show that the
                   treated listed waste is no longer hazardous.  For example,
                   treating  some hazardous waste by incineration may be cost
                   effective only if the resulting ash is not considered a hazardous
                   waste. If this demonstration has been successfully made, the
                   wastes may be disposed outside the purview of Subtitle C.
                   The concept of delisting is central to this demonstration. The
                   owner or operator must conduct studies to show that, once
                   treated, the listed hazardous waste is no longer hazardous.

                   Characteristic wastes automatically cease being considered
                   hazardous wastes when they cease to exhibit any characteristic.
                   It is also worth noting that the "mixture" and "derived-from"
                   rules do not apply to characteristic wastes.  (Of course, if
                   mixtures or residues themselves exhibit a characteristic, they
                   are considered hazardous wastes.)

                   One of the more difficult issues facing EPA and States is the
                   regulation  of mixtures of radioactive and hazardous waste
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 CHAPTER 1
WHAT IS HAZARDOUS WASTE?
RELATIONSHIP TO
STATE HAZARDOUS
WASTE PROGRAMS
SUMMARY
                  (Mixed Waste). Since Mixed Waste is considered hazardous
                  under RCRA and radioactive under the Atomic Energy Act,
                  both the Nuclear Regulatory Commission (NRC) and EPA
                  work together to address the management of these wastes.

                  Mixed Waste is most often produced by laboratories and by
                  nuclear energy  production (source, special nuclear or by-
                  product  material wastes).   Laboratories  may  produce
                  scintillation solvents containing organic reagents and   low-
                  level  radioactive wastes.   In  nuclear energy production,
                  discarded lead shielding and cooling materials may contain
                  heavy metals and radioactive wastes.

                  Generators of Mixed Waste must comply not only with the
                  minimum technical requirements of RCRA, but also with the
                  NRC  regulations as well.   Thus, since the hazardous and
                  radioactive waste components cannot be readily separated,
                  the design of facilities, drafting of operating requirements for
                  RCRA permits or NRC Licenses, and the development of
                  cleanup solutions must be done in a manner that adequately
                  addresses the hazards posed by  both  the radioactive and
                  hazardous components of the waste.

                  A State that has been delegated the Subtitle C program is
                  considered to be "authorized." This means that one must
                  comply with the State laws. The Federal waste identification
                  framework sets a baseline standard with which all States must
                 comply. Frequently, many States choose to adopt and apply
                 more stringent requirements. For example, waste oil is not yet
                 listed as a hazardous waste under the Federal RCRA program.
                 However, many States regulate used oil as a hazardous waste.
                 Therefore,  understanding  whether  Federal  or  State
                 requirements are applicable is important.

                 All solid waste generators must determine if their waste is
                 hazardous and, therefore, subject to regulation under Subtitle
                 C. .The Subtitle  C regulations specify that a solid waste is
                 hazardous if it is not excluded and meets one of four conditions:

                 1) Exhibits any of four characteristics:

                    -   Ignitability

                    -   Corrosivity
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CHAPTER 1
WHAT IS HAZARDOUS WASTE?
                                           -  Reactivity, or

                                           -  EP Toxicity.

                                        2) Is listed

                                        3) Is a mixture, or

                                        4) Is derived from the treatment, storage,
                                           or disposal of a listed waste.

                                        Through delisting, any person may petition EPA to exclude
                                        a listed waste from regulation under Subtitle C.

                                        The recycling of hazardous waste may, under certain
                                        circumstances, exempt it from Subtitle C regulation.
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                     CHAPTER 2

            REGULATIONS APPLICABLE TO
        GENERATORS OF HAZARDOUS WASTE
OVERVIEW

WHO ARE THE REGULATED GENERATORS?

-  Large Quantity Generators
-  Small Quantity Generators
-  Conditionally Exempt Small Quantity Generators

REGULATORY REQUIREMENTS

-  EPA ID Number
-  Pre-Transport Regulations
-  Accumulation of Waste
-  The Manifest
-  Recordkeeping and Reporting
-  Biennial Reporting
   Exception Reports
-  Three-Year Retention of Reports, Manifests, and Test Records

LAND DISPOSAL RESTRICTIONS

-  Generator Requirements
-  Recordkeeping Requirements

ADDITIONAL GENERATOR REQUIREMENTS AND EXCLUSIONS

   International Shipments
   Farmer Exclusion

SUMMARY

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CHAPTER 2
REGULATIONS APPLICABLE
TO GENERATORS OF
HAZARDOUS WASTE
OVERVIEW
WHOARETHE
REGULATED
GENERATORS?
            GENERATOR
          Generators of hazardous waste are the first link in the "cradle-
          to-grave" chain of hazardous waste management established
          under RCRA.  Generators of  more than 100 kilograms of
          hazardous waste or 1 kilogram of acutely hazardous waste per
          month must (with a few exceptions) comply with all of the
          generator regulations developed under Subtitle C (40 CFR
          Part 262). Subtitle C requires generators to ensure and fully
          document that the hazardous waste they produce is properly
          identified and transported to a RCRA treatment, storage, or
          disposal facility (TSDF).

          The Subtitle C regulations broadly define the term"generator"
          to include any:

          •   Facility owner or operator or person who first creates a
             hazardous waste, or

          •   Person who first makes the waste subject to the Subtitle
             C regulations (e.g., imports a hazardous waste, initiates
             a shipment of a hazardous waste from a TSDF, or
             mixes hazardous wastes of different DOT shipping
             descriptions by placing them into a single container).

          To  define the subset of solid waste generators that must
          comply with Subtitle C generator regulations, it is necessary
          to distinguish between generators who produce or handle
          nonhazardous solid waste and ones that produce or handle
          hazardous solid waste. Subtitle C separates these two groups
          by requiring all generators of solid waste todetermine whether
          any of their waste is hazardous using the procedures outlined
          in 40 CFR Part 261. Once a generator determines that all or
          part of the waste produced is hazardous, he must comply with
          the regulatory requirements of Subtitle C.

         Under RCRA, there are three categories of hazardous waste
         generators:

         •  Large quantity generators

         •  Small quantity generators

         •  Conditionally exempt small quantity generators.
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CHAPTER 2
REGULATIONS APPLICABLE TO
GENERATORS OF HAZARDOUS WASTE
            Large Quantity Generators
             Small Quantity Generators
    Less than
   1.000 Kg/Mo
  Hazardous Waste
      Less than
      100 Kg/Mo
     atuiuuu!* Waste
                   1984
                AMENDMENTS
1 Kg/Mo Acutely Hazardous Waste
                           1 Kg/Mo Acutely.
                                Hazardous
                                Waste
        CHANGES IN SMALL QUANTITY
          GENERATOR EXEMPTION
Early in the  development of the RCRA program EPA
recognized  that hazardous  waste regulations  impose  a
substantial burden on the regulated community.  Thus, in
issuing wasteregulations,EPAfirstfocusedon those generators
that produce the greatest volumes of hazardous waste.

Large quantity generators are defined as those facilities that
generate:

9  Over 1,000 kilograms per month of hazardous waste, or

»  Over 1 kilogram of acutely hazardous waste per month.

Large quantity generators  produce the greatest volume of
hazardous waste in the United States.  EPA's 1985 biennial
survey of generators estimated that 274 of the 275 million
metric tons of hazardous waste came from large quantity
generators.

The initial EPA regulations, published on May 19, 1980,
exempted "small quantity generators"  (SQGs) from most of
the hazardous waste requirements.  (Note:  this group of
generators is often referred to by the phonetic use of the
acronym SQG - "squee-gee").  A small quantity generator
was defined as a generator who produced:

«  Less than 1,000 kilograms of hazardous waste at a site per
   month (or accumulated less than 1,000 kilograms at any
   one time)

•  Less than 1 kilogram of acutely  hazardous waste per
   month (or accumulated less than 1 kilogram at any one
   time).

Because of concern  that hazardous waste exempted from
regulation due to the SQG exclusion could  be causing
environmental harm, Congress amended the definition of
SQGs in HSWA, reducing the cut-off point from 1,000
kilograms to 100 kilograms.  Thus the revised definition of
SQG is a generator who produces:

•  Greater than 100  but less than 1,000 kilograms of
   hazardous waste at a site per month (and accumulates
   less than 6,000 kilograms at any one time)
                                            IE-17

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CHAPTER 2
REGULATIONS APPLICABLE TO
GENERATORS OF HAZARDOUS WASTE
                                       •  Less than 1 kilogram of acutely hazardous waste per
                                          month (and accumulates less than 1 kilogram at any one
                                          time).

                                       Because SQGs produce such a small portion of the nation's
                                       hazardous waste, Congress was concerned that full regulation
                                       might be economically burdensome and inappropriate. Thus,
                                       Congress gave EPA authority to vary the regulatory
                                       requirements applicable to SQGs from those applied to large
                                       generators, provided that the requirements were still protective
                                       of human health and the environment.

                                       SQGs who store more than 6,000 kilograms of their waste on-
                                       site must meet all large quantity generator requirements.
                                       Generators of more than 1,000 kilograms of hazardous waste
                                       per month or 1 kilogram of acutely hazardous waste per month
                                       must, as was the case before the amendments, meet the large
                                       quantity generator requirements.

          Conditionally Exempt Small    Currently, a facility that generates less than 100 kilograms per
                 Quantity Generators    month of hazardous  waste and less than 1 kg per month of
                                       acutely hazardous waste is "conditionally exempt" from full
                                       regulation under Subtitle C. The conditionally exempt SQG,
                                       however, must still:

                                       •   Identify the waste to determine whether it is a
                                          hazardous waste

                                       •   Not accumulate more than 1,000 kilograms of
                                          hazardous waste at any time

                                       •   Treat or dispose of the waste on site, or ensure that the
                                          waste is sent to a:

                                       -   Permitted or interim status TSDF, or

                                       -   Permitted municipal or industrial solid waste facility, or

                                          Recycling facility.
                                         IH-18

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CHAPTER 2
REGULATIONS APPLICABLE TO
GENERATORS OF HAZARDOUS WASTE
REGULATORY
REQUIREMENTS
              Placards
                     EPA ID Number
                       Pre-Transport
                          Regulations
                  Conditionally exempt SQGs who exceed the 100 kg per
                  month hazardous  waste cut-off are regulated as a SQG.
                  Conditionally exempt SQGs that generate in excess of 1 kg
                  per month of acutely hazardous waste are regulated as large
                  quantity  generators.  It  is important to  note that  State
                  classification of generators may be different from those outlined
                  above. Some States regulate all generators of hazardous waste
                  (i.e., there is no exempt category) and some States classify
                  generators by waste type rather than by volume.

                  Large and small quantity generators are subject to regulations
                  contained in 40 CFR Part 262.  Such regulations require:

                  •   Obtaining an EPA ID number

                  •   Preparing the waste for transportation

                  •   Following accumulation and storage requirements

                  •   Manifesting of hazardous waste

                  •   Recordkeeping and reporting.

                  Each requirement  is  discussed  below  with  different
                  requirements for large and small quantity generators noted
                  where appropriate.

                  One way that EPA monitors and tracks generators is to assign
                  each generator a unique identification number. Without this
                  number the generator is barred from treating, storing, disposing
                  of, transporting, or offering for transportation any hazardous
                  waste.  Furthermore, the generator is forbidden from offering
                  his or her hazardous waste to any transporter, or treatment,
                  storage, or disposal facility that does not also have an EPA ID
                  number.

                  Pre-transport  regulations  are  designed to ensure safe
                  transportation of a hazardous waste from origin to ultimate
                  disposal. In developing  these regulations,  EPA adopted
                  those used by the  Department of Transportation (DOT) for
                  transporting hazardous materials (49 CFR Parts 172,173,
                  178, and 179). These DOT regulations require:
                                          IH-19

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CHAPTER 2
REGULATIONS APPLICABLE TO
GENERATORS OF HAZARDOUS WASTE
               Accumulation of Waste
              .JANUARY
i
                 FEBRUARY  |
               IL '  ' '  '  ' *
                 _MARCH	
 •  Proper packaging to prevent leakage of hazardous waste,
    during both normal transport conditions and potentially
    dangerous situations, e.g., when a drum falls out of a truck

 •  Labeling, marking, and placarding of the packaged waste
    to identify the characteristics and dangers associated with
    transporting wastes.

 These pre-transport regulations only apply  to generators
 shipping waste off site.

 In addition to adopting the DOT regulations outlined above,
 EPA developed regulations  that cover the accumulation of
 waste prior  to transport.  A large quantity generator may
 accumulate hazardous waste on site for 90 days or less as long
 as the following requirements are met:

 •   Proper Storage—The waste is properly stored in containers
    or tanks marked with  the words "hazardous waste" and
    the date on which accumulation began.

 •   Emergency Plan—A contingency plan and procedures to
    use in an emergency must be developed. Large quantity
    generators are required to have a written contingency
    plan, but small quantity generators are not.

 •   Personnel Training—Facility personnel are trained in the
    proper handling of hazardous waste.   Large quantity
    generators are required to have an established training
    program. Smallquantity generators, however, are currently
    exempt from this requirement, but must ensure  that
    employees handling  waste are familiar with proper
    procedures.

The 90-day period allows a generator to collect enough waste
to make transportation more cost-effective; that is, instead of
paying to haul several small shipments of waste, the generator
can accumulate waste until  there is enough for  one big
shipment.

If the generator accumulates hazardous waste on site for more
than 90 days, he or she is considered an operator of a storage
facility and must comply with the Subtitle C requirements for
                                          IH-20

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CHAPTER 2
REGULATIONS APPLICABLE TO
GENERATORS OF HAZARDOUS WASTE
                         The Manifest
                  such  facilities.  Under  temporary,  unforeseen,  and
                  uncontrollable circumstances the 90-day period may be
                  extended for up to 30 days by the Regional Administrator on
                  a case-by-case basis.

                  Small quantity generators can store waste on site for up to 180
                  days, providing certain criteria are met. The on-site quantity
                  of waste cannot exceed 6,000 kilograms at any time.  The
                  facility must have basic safety information, e.g., the telephone
                  number of the fire department and a coordinator for emergency
                  activities.  The generator must also ensure that personnel are
                  familiar with emergency procedures that must be followed
                  during spills and accidents. For more information on safety
                  requirements, see 40 CFR 262.34(d). Additionally, small
                  quantity generators who must transport waste for 200 miles or
                  more for off-site treatment, storage, or disposal, are allowed
                  to accumulate waste for up to 270 days. The generator must
                  still comply with the basic safety requirements outlined above.

                  As mentioned earlier, the Subtitle C program is designed to
                  manage hazardous waste from "cradle-to- grave." The Uniform
                  Hazardous Waste Manifest (the manifest) is the key to this
                  objective (see Appendix A).  Through the use of a manifest,
                  generators can track the movement of hazardous waste from
                  the point of generation to the point of ultimate treatment,
                  storage, or disposal.  RCRA manifests contain the:

                  •   Name and EPA identification number of the generator, the
                      transporter(s), and the facility where the waste is to be
                      treated, stored, or disposed

                  •   DOT description of the waste being transported

                  •   Quantities of the waste being transported

                  •   Address of the treatment, storage, or  disposal facility to
                      which the generator is sending waste (called the designated
                      facility).

                  HSWA requires that each manifest  contain a certification
                  that:
                                            m-21

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CHAPTER 2
REGULATIONS APPLICABLE TO
GENERATORS OF HAZARDOUS WASTE
                      Recordkeeping
                       and Reporting
                  •  The generator has in place a program to reduce the volume
                     and toxicity of the waste to the degree economically
                     practicable, as determined by the generator

                  •  The treatment, storage or disposal method chosen by the
                     generatoris themostpracticable method currently available
                     that minimizes the risk to human  health and the
                     environment.

                  The manifest is part of a controlled tracking system. Each
                  time the 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 link in the
                  transportation  chain.  Once the waste is delivered to the
                  designated facility the owner or operator of that facility must
                  send a copy of the manifest back to the generator. This system
                  ensures that the generator has documentation that his or her
                  hazardous waste has made it to its ultimate destination.

                  If 35 days pass from the date on which the waste was accepted
                  by the initial transporter and the generator has not received a
                  copy of themanifestfromthedesignatedfacility, the generator
                  must contact the transporter and/or the designated facility to
                  determine the whereabouts of the waste. If 45 days pass and
                  the manifest still has not been received, the generator must
                  submit an exception report (described below).

                  The recordkeeping and reporting requirements for generators
                  provide EPA and the  States with a method to track the
                  quantities of 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 retention of reports, manifests, and test
                    records.
                  Biennial Reporting   Large quantity generators who transport hazardous waste off-
                                       site must submit a biennial report to the Regional Administrator
                                       by March 1 of each even-numbered year.  The report details
                                          m-22

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CHAPTER 2
REGULATIONS APPLICABLE TO
GENERATORS OF HAZARDOUS WASTE
                    Exception Reports
                 Three-Year Retention
                 of Reports, Manifests,
                     and Test Records
                  the generator's activities during the previous calendar year
                  and includes:

                  •   EPA identification number and name of each
                      transporter used throughout the year

                  •   EPA identification number, name, and address of each
                      off-site treatment, storage, or disposal facility to which
                      waste was sent during the year

                  •   Quantities and nature of the hazardous waste generated
                                 ',..' f'r.*•''.** - - j;'.'-' t,.:-:, *;
                  • .  Efforts made to reduce'the volume and toxicity of the
                  ;    wastes generated

                  •   Changes in volume or toxicity actually achieved,
                      compared with those  achieved in previous years.

                  Generators who treat, store, or dispose of their hazardous
                  waste on- site also must submit a biennial report that contains
                  a description of the type and quantity of hazardous waste the
                  facility handled during the year, and the method(s) of treatment,
                  storage, or disposal used.

                  In addition to the biennial report, generators who transport
                  •waste off- site must submit an exception report to the Regional
                  Administrator if they do not receive a copy of the manifest
                  signed and dated by the owner or operator of the designated
                  facility within 45 days from the date on which the initial
                  transporter accepted the waste.' The,exception report must
                  describe efforts made to locate the waste, and the results of
                  those efforts. Small quantity generators who do not receive a
                  copy of the signed  manifest from the .designated facility
                  within 60 days must explain the exception on a copy of the
                  original manifest and send it to the, Regional Administrator.
                                                ,i*Vt „•''.,.
                  The generator must keep a copy of each biennial report and
                  any exception reports for a period of at least three' years from
                  the date the report was  submitted. i%e generator also is
                  required to keep a copy of all manifests for three years or until
                  he or she receives a copy of thejnanif est signed and dated from
                 . the owner or operator of the designated facility. The manifest
                                            m-23

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CHAPTER 2
REGULATIONS APPLICABLE TO
GENERATORS OF HAZARDOUS WASTE
LAND DISPOSAL
RESTRICTIONS
                  from the facility must then be kept for at least three years from
                  the date on which the hazardous waste wag accepted by the
                  initial transporter. Finally, the records of the waste analyses
                  and determinations undertaken by the generator must be kept
                  for at least three years from the date the waste was last sent to
                  an on-siteor off-site TSDF. The periods of retention mentioned
                  above can be extended automatically during the course of any
                  unresolved enforcement action regarding the regulated activity
                  or as requested by the EPA Administrator.

                  One of the major impacts HS WA has had on the implementation
                  of the  RCRA program is the restriction on land disposal for
                  certain hazardous wastes. RCRA Section 3004 restricts the
                  land disposal of specified hazardous wastes beyond certain
                  dates unless these wastes are treated according to treatment
                  standards. These requirements are found in 40 CFR Part 268.
                  The land disposal restrictions are referred to as the "land ban,"
                  and the hazardous wastes affected are called "restricted wastes."

     Generator    The land  disposal restrictions affect both generators and
 Requirements    TSDFs (see Section III,  Chapter 4 for details on the land
                  disposal restrictions). Generators are responsible for:

                  •   Determining whether their waste is restricted from land
                     disposal, and

                  •   Ensuring that all manifested shipments of restricted wastes
                     are accompanied by the proper records when sent to a
                     TSDF.

                 All shipments of restricted wastes off-site must be accompanied
                 by the proper records. The type of record depends on whether
                 or not there is a treatment standard specified for that particular
                 waste. Recordkeepingrequirements for restricted wastes with
                 treatment standards differ from those for restricted wastes
                 without standards. These requirements are addressed separately
                 below.

                 Restricted Wastes with Treatment Standards: If a generator
                 determines that the restricted waste does not meet the designated
                 treatment standard level, a notification must accompany the
                 manifest to the treatment facility and must include:

                 •  EPA hazardous waste number
                                          in-24

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CHAPTER 2
REGULATIONS APPLICABLE TO
GENERATORS OF HAZARDOUS WASTE
ADDITIONAL GENERATOR
REQUIREMENTS AND
EXCLUSIONS
                         International
                            Shipments
                  •  Applicable treatment standard

                  •  Manifest number of the waste shipment

                  •  Waste analysis data, if available.

                  If the generator determines that his or her restricted waste
                  meets the treatment standard level without the need for further
                  treatment, the generator must supply the same notification as
                  well as a certification stating that the waste complies with the
                  treatment standard. The notification and certification must
                  accompany the waste shipment to the hazardous waste disposal
                  facility.

                  Restricted Wastes Without Treatment  Standards:  If the
                  generator determines that treatment standards are not developed
                  for the restricted waste, the waste may be land-disposed only
                  if the generator prepares a demonstration and certification to
                  accompany the manifest. The demonstration and certification
                  attests that land disposal is the only viable alternative to
                  manage  the waste. Appendix  B  outlines the paperwork
                  requirements  for all land disposal restricted wastes.

                  Additional generator  requirements apply  to persons who
                  export their wastes. In addition, farmers have been excluded
                  from complying with generator requirements under certain
                  circumstances. These requirements are discussed below.

                   Prior to HSWA, hazardous wastes could be exported from the
                  United States with only minimal notice to EPA or the receiving
                   country.  HSWA set additional notification requirements for
                   such exports. These  requirements prohibit the export of
                   hazardous waste unless the exporter obtains  prior written
                   consent of the receiving country.  This statement must be
                   attached to the manifest accompanying each waste shipment.

                   To export a hazardous waste, the  EPA Administrator must
                   first be notified by the exporter 60 days prior to when the waste
                   is scheduled to leave the United States. This notification must
                   be completed only for the first shipment  in any 12-month
                   period, unless basic information about the nature and frequency
                   of the shipments changes. If the importing country agrees to
                   accept the hazardous waste, EPA sends an "Acknowledgement
                   of Consent" to the exporter, who may then export the waste to
                                            IH-25

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 CHAPTER 2
REGULATIONS APPLICABLE TO
GENERATORS OF HAZARDOUS WASTE
SUMMARY
                                         the  importing  country.   Recordkeeping and  reporting
                                         requirements are similar to those for domestic shipments of
                                         hazardous waste.

                              Farmer    Although farmers can be generators of hazardous waste, they
                            Exclusion    need not comply with the S ubtitle C regulations for generators
                                       •  when the wastes being disposed are pesticides used only by
                                         them, and the:

                                         •  Empty pesticide containers are triple rinsed, and

                                         •  Pesticide residues are disposed on the farm following the
                                           instructions on the pesticide label.
                 Hazardous waste generators regulated under RCRA fall into
                 three categories:

                 •  Large quantity generators

                 •  Small quantity generators

                 •  Conditionally exempt small quantity generators.

                 Regulations under Subtitle C for large and small quantity
                 generators include:

                 •   Obtaining an EPA ID number

                 •   Preparing hazardous waste for transportation

                 •   Following accumulation and storage requirements

                 •   Manifesting hazardous waste

                 •   Recordkeeping and reporting.

                 HSWArequires generators to evaluate their waste to determine
                 whether it must be treated prior to land disposal. HSWA
                 requires EPA to establish waste-specific treatment standards
                 in accordance with specified schedules. Depending on whether
                 a treatment standard has been  established,  recordkeeping
                 requirements for generators differ.
                                          IE-26

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                 CHAPTER 3


 REGULATIONS APPLICABLE TO TRANSPORTERS OF
              HAZARDOUS WASTE


OVERVIEW

WHO ARE THE REGULATED TRANSPORTERS?

REGULATORY REQUIREMENTS FOR TRANSPORTERS

-  EPA ID Number
-  The Manifest
-  Handling Hazardous Waste Discharges

STATE TRANSPORTATION REGULATIONS

SUMMARY

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CHAPTER 3      REGULATIONS APPLICABLE
                             TO TRANSPORTERS OF
                             HAZARDOUS WASTE
OVERVIEW
WHO ARE THE REGULATED
TRANSPORTERS?
     A Transporter is  Defined as:

      Any person engaged in the off-
      site transportation of manifested
      hazardous waste, by air, rail,
      highway, or water.
Transporters of hazardous waste are the critical link between
the generator and the  ultimate  off-site hazardous waste
treatment,  storage, or disposal facility.  The transporter
regulations were developed jointly by EPA and the Department
of Transportation (DOT) to avoid contradictory requirements
between the  two  agencies.  Although the regulations are
integrated, they are not contained in the same part of the Code
of Federal Regulations (CFR). A transporter must comply
with the regulations under 49 CFR Parts  171-179 (The
Hazardous Materials Transportation Act)  as well as those
under 40 CFR Part 263 (Subtitle C of RCRA). The remainder
of this chapter summarizes the Subtitle C regulations applicable
to transporters. Those readers interested in obtaining a more
complete pictureof transporter regulations should also review
the DOT regulations.

A transporter under Subtitle C  is defined as any person
engaged in the off-site transportation of  hazardous waste
within the United States, if such transportation requires a
manifest under 40 CFR Part 262 (for more information see
Section HI, Chapter 2). This definition covers transport by air,
rail, highway, or  water. The transporter regulations do not
apply either to the on-site transportation of hazardous waste
by generators who have their own TSDFs or to TSDFs
transporting wastes within a facility.

Under certain circumstances, a transporter of hazardous waste
may be subject to RCRA regulatory requirements other than
those contained in 40 CFR Part 263.  Once a transporter
accepts hazardous  waste from  a  generator or another
transporter, he or she can store it at a transfer station for up to
ten days without  being subject to other than the transporter
regulations.  However,  if the storage time  exceeds ten days,
the transporter is considered a storage facility and must
comply with the regulations for such a facility (for more
information see Section HI, Chapter 4). In addition, transporters
who bring hazardous waste into the United States or mix
 hazardous wastes of different DOT shipping descriptions in
 the same  container are classified as generators, and must
 comply with the regulations applicable to generators outlined
 in Section IE, Chapter 2.
                                           IH-27

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 CHAPTERS
REGULATIONS APPLICABLE TO
TRANSPORTERS OF HAZARDOUS WASTE
REGULATORY
REQUIREMENTS FOR
TRANSPORTERS
                     EPA ID Number
                        The Manifest
               Handling Hazardous
                  Waste Discharges
                 A transporter is subject to a number of regulations:

                 •   Obtaining an EPA ID number

                 •   Complying with the manifest system

                 •   Handling hazardous waste discharges.

                 One way that EPA keeps track of transporters is by requiring
                 each transportation company to obtain a unique ID number
                 from EPA.  Without this identification, the transporter is
                 forbidden from handling any hazardous waste. Furthermore,
                 a transporter may not accept waste from a generator unless
                 that generator has an EPA ID number.

                 The major responsibilities of the transporter in the manifest
                 system were discussed in Section III, Chapter 2. In summary,
                 the transporter is required to deliver an entire quantity of waste
                 accepted from either the generator or another transporter, to
                 the designated facility listed on the manifest. If the waste
                 cannot be delivered as the manifest directs, the transporter
                 must inform the generator and receive further instructions,
                 i.e., return the waste or take it to another facility.  Before
                 handing the waste over to a TSDF, the transporter must have
                 the owner or operator sign and date the manifest. One copy of
                 the manifest remains at the TSDF while the other stays with
                 the transporter. The transporter must retain a copy of the
                 manifest for three years from the date the hazardous waste is
                 accepted by the initial transporter.

                As noted in Section I, one of the goals of RCRA is to foster
                resource recovery and recycling. There is a special exemption
                from all the normal  manifest requirements for transporters
                who handle certain reclaimed wastes from small quantity
                generators.  The waste must be reclaimed under a contractual
                agreement that specifies the type of waste and frequency of
                shipments. The vehicle used to transport the waste from the
                recycling facility also must be owned and operated by the
                reclaimer of the waste. The generator is responsible for
                keeping a copy of. the reclamation agreement for three years
                after the agreement ends.

                Even if generators and transporters of hazardous waste comply
                with all appropriate regulations, transporting hazardous waste
                                        IH-28

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CHAPTER 3
REGULATIONS APPLICABLE TO
TRANSPORTERS OF HAZARDOUS WASTE
 STATE TRANSPORTATION
 REGULATIONS
                  can still be dangerous. There is always the possibility that an
                  accident  will occur.  To respond to this  possibility, the
                  regulations require transporters to take immediate action to
                  protect health and the environment if a release occurs, (e.g.,
                  notifying local authorities and/or diking the discharge area).

                  The regulations also give certain officials special authority to
                  handle transportation accidents.  Specifically, if a Federal,
                  State, or local official, with appropriate authority, determines
                  that the immediate removal of the waste is necessary to protect
                  human health or the environment, the official can authorize
                  waste removal without the use of a manifest by a transporter
                  who lacks an EPA ID.

                  When a serious accident or spill occurs, the transporter must
                  notify the National Response Center (NRC) at 1-800-424-
                  8802. Specifically, the NRC must be notified when:

                  •   A person is killed or seriously injured

                  •   Estimated damage exceeds $50,000

                  •   The spill involves disease-causing agents or radioactive
                      material

                  •   The spill exceeds a Superfund reportable quantity

                  •   A life-threatening situation exists.

                  The Center for Disease  Control must also be informed if the
                   spill involves disease-causing agents. Within 15 days of the
                  incident, the transporter must file a report with DOT.  If
                   hazardous wastes were  involved in the spill, the transporter
                   must supply a copy of the hazardous waste manifest and an
                   estimate of the quantity of waste removed from the site, where
                   it was taken, and the disposition of any unremoved waste.
                   Consumer commodities, batteries, and  small containers of
                   paint are exempt from the 15-day notification requirement.

                   In addition  to meeting Federal requirements,  transporters
                   must also comply with the requirements of each State they
                   travel through. Indeed, the most substantive requirements in
                   the day-to-day business  of transporting hazardous waste come
                   from more than 30 States with transportation regulations that
                                             IH-29

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 CHAPTERS
REGULATIONS APPLICABLE TO
TRANSPORTERS OF HAZARDOUS WASTE
SUMMARY
                 differ from the Federal program. Some State programs are
                 significantly more .stringent than the Federal program.  A
                 number of States require transporters to post bonds in case of
                 an  accident.   These  differences make it important that
                 transporters consult the transportation regulations of each
                 State they travel through in addition to Federal requirements.

                 A transporter of hazardous waste must comply with both DOT
                 and EPA regulations.  The Subtitle C regulations require a
                 transporter to:

                 •   Obtain an EPA ID number

                 •   Comply with the manifest system

                 •   Handle hazardous waste discharges.

                 Under certain circumstances, a transporter of hazardous waste
                 also may be subject to Subtitle C generator and/or storage
                 facility requirements.

                 Varying State hazardous waste transportation programs often
                 add additional requirements beyond the Federal program.
                 Transporters should  consult the regulations of States they
                 travel through to fully understand hazardous waste transport
                 requirements.
                                         IH-30

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                     CHAPTER 4
            REGULATIONS APPLICABLE TO
  TREATMENT, STORAGE AND DISPOSAL FACILITIES

OVERVIEW

WHATISATSDF?

REGULATORY REQUIREMENTS

ADMINISTRATIVE AND NONTECHNICAL REQUIREMENTS FOR
INTERIM STATUS AND PERMITTED TSDFs

-  Subpart A - Who is Subject to the Regulations?
-  Subpart B - General Facility Standards
-  Subparts C & D - Preparedness and Prevention, Contingency Plan and
   Emergency Procedures
-  S ubpart E - Manifest S ystem, Recordkeeping and Reporting

INTERIM STATUS (PART 265) TECHNICAL REQUIREMENTS

INTERIM STATUS GENERAL STANDARDS

-  Subpart F   -  Ground-Water Monitoring
-  Subpart G  -  Closure/Post Closure
-  S ubpart H  -  Financial Requirements

INTERIM STATUS SPECIFIC STANDARDS

 -  General Operating Requirements
   Subpart I   -  Containers
 -  Subpart J   -  Tanks
 -  Subpart K  -  Surface Impoundments
 - S ubpart L  -  Waste Piles
 - S ubpart M -  Land Treatment
 - Subpart N  -  Landfills
   S ubpart O  -  Incinerators
 -  Subpart P  -  Thermal Treatment
 -  Subpart Q -  Chemical, Physical, and Biological Treatment
 -  Subpart R  -  Underground Injection

 PERMIT (40 CFR PART 264) TECHNICAL REQUIREMENTS

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            CHAPTER 4 (CONTINUED)

 PERMIT GENERAL STANDARDS

 -   SubpartF - Ground-Water Protection

 PERMIT SPECIFIC STANDARDS

 -   SubpartI  - Containers
 -   SubpartJ  - Tanks
 -   SubpartK - Surface Impoundments
 -   SubpartL - Waste Piles
 -   SubpartM -  Land Treatment
 -   SubpartN -  Landfills
    Subpart O -  Incinerators
 -   Subpart X -  Miscellaneous Units

 LAND DISPOSAL RESTRICTIONS

 -  Treatment, Storage and Disposal Facility Requirements

 REQUIREMENTS FOR RECYCLABLE MATERIALS AND RECYCLING
 PROCEDURES

SUMMARY

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CHAPTER 4      REGULATIONS APPLICABLE TO
                             TREATMENT, STORAGE, AND
                             DISPOSAL FACILITIES
OVERVIEW
 WHATISATSDF?
Treatment, storage, and disposal facilities (TSDFs) are the last
link in the "cradle-to-grave" hazardous waste management
system. Subtitle C requires all TSDFs that handle hazardous
waste to obtain an operating permit (a process described in the
next chapter) and abide by treatment, storage, and disposal
(TSD) regulations. The TSD regulations establish design and
operating criteria as well as performance standards that owners
and operators must  meet to protect human health and the
environment. Because treatment, storage, and disposal involves
many different types of units (e.g., a landfill or an incinerator),
these regulations are far more  extensive than those just
described for generators and transporters. Because of this
extensiveness, this chapter provides only a summary of the
TSD requirements.   To obtain  the details, the reader is
encouraged to examine 40 CFR Parts 264 and 265.

Due to the impact and importance of the land disposal
restrictions on TSDFs, additional detail is included at the end
of this chapter. Information on requirements for recycling
have also been placed in this chapter.

The definition of a TSDF, according to 40 CFR 260.10,
encompasses three different functions:

•   Treatment - Any method, technique, or process, including
    neutralization, designed to change the physical, chemical,
    or biological character or composition of any hazardous
    waste so as to neutralize it, or render it nonhazardous or
    less hazardous, or to recover it, make it safer to transport,
    store or dispose of, or amenable for recovery, storage or
    volume reduction.

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

 •   Disposal - The discharge, deposit, injection, dumping,
    spilling, leaking, or placing of any solid waste into or on
    any land or water  so that the waste or  any constituent
    thereof may enter the environment or be  emitted into the
    air or discharged into any waters, including ground waters.
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CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE
AND DISPOSAL FACILITIES
REGULATORY
REQUIREMENTS
                  The original RCRA legislation establishes two categories of
                  TSDFs based on a facility's permit status. The first category
                  is made up of "interim status" facilities, ones that have not
                  obtained a permit.   Although Section 3005(a) of the Act
                  specifies that facilities must obtain a permit to operate, Con-
                  gress, in developing this requirement, recognized that it would
                  take many years for EPA to issue all permits. Therefore, it
                  established interim status under Section 3005(e) of the Act.
                  This allows owners and operators of facilities in existence on
                  November 19, 1980 (or brought under Subtitle C regulation
                  due to an amendment), who meet certain conditions, to con-
                  tinue operating as if they have a permit  until their permit
                  application is issued or denied. The second category is made
                  up of facilities that have permits.

                 Under Section  3004(a) of the Act, EPA was required to
                 develop regulations for all TSDFs. Although only one set was
                 required,  EPA developed two sets of regulations; one for
                 interim status TSDFs, the other for permitted TSDFs.  The
                 interim status requirements differ from those for permitted
                 facilities because in the absence of permits, the interim status
                 requirements needed to be self-implementing.  The interim
                 status requirements have neither site-specific provisions nor
                 provisions that require negotiations between EPA or a State
                 and the owner or operator.

                 As will be noted in Chapter 5, incinerators that did not submit
                 a final permit application by  November 1986 lost interim
                 status in November 1989. All other facilities lose interim
                 status in November 1992, unless they submitted an application
                 by November 1988. Land disposal facilities that did not apply
                 by November 1985 lost interim status in November 1985.

                 The interim status standards, found in 40 CFR Part 265, are
                primarily "good housekeeping practices" that owners  and
                operators must follow to properly manage hazardous wastes
                during the interim status period. The permit standards, on the
                other hand,foundin 40 CFR Part 264, are a mix of performance
                standards and "design and operating" criteria that permit
                writers include in facility-specific permits.  Both interim
                status andpermit standards consist of two types of requirements:

                •  Administrative and nontechnical requirements

                •  Technical and unit-specific requirements.

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CHAPTER4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
ADMINISTRATIVE AND
NONTECHNICAL
REQUIREMENTS FOR
INTERIM STATUS AND
PERMITTED TSDFs
                  Because the administrative and nontechnical requirements
                  are nearly identical for interim status and permit standards,
                  they are discussed together in this chapter. However, the
                  technical requirements applied to interim status and permitted
                  facilities  are significantly different and thus are discussed
                  separately.  The technical requirements for interim status
                  facilities  (40 CFR Part 265) are discussed before those for
                  permitted facilities  (40  CFR Part 264)  to  reflect  the
                  chronological order in which these two sets of requirements
                  are applied (existing facilities move from interim to permitted
                  status).  Thus,  the regulatory requirements portion of this
                  chapter is broken into three parts. The first part describes the
                  administrative and nontechnical requirements that apply to
                  both interim status and permitted facilities. The second part
                  describes the technical requirements that apply to  interim
                  status facilities.   The third  part describess the technical
                  requirements with which permitted facilities must comply.
                  The land disposal restrictions schedule mandated under HS WA
                  for curtailing the land disposal of untreated hazardous waste
                  is discussed at the end of this chapter.

                  The purpose  of the  administrative  and nontechnical
                  requirements is to ensure that owners and operators of TSDFs
                  establish the necessary procedures and plans to run a facility
                  properly and to handle any emergencies or accidents. They
                  are in Subparts A through E of 40 CFR Parts 264 and 265,
                  which are applicable to permitted and interim status facilities,
                  respectively, and cover the subject areas shown below:

                  Subpart    Subject
                                         A

                                         B
                                         C

                                         D

                                         E
                            Who is Subject to the Regulations?

                            General Facility Standards
                                                     Waste analysis
                                                     Security
                                                     Inspections
                                                     Training
                                                     Ignitable, reactive or incompatible wastes
                                                     Location standards
                            Preparedness and Prevention

                            Contingency Plans and Emergency Procedures

                            Manifest System, Recordkeeping and
                            Reporting.
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Subpart A 'Who is Subject   Subpart A outlines who is subject to the TSD regulations and
        to tne Kegulations?   any circumstances under which a person is excluded or only
                              subject to limited requirements.  In  general, all owners or
                              operators of  facilities  treating,  storing,  or disposing of
                              hazardous waste must meet the appropriate TSD regulations.
                              The exceptions to this include:

                              •   A farmer disposing of pesticides from his own use

                              •   The owner or operator of a totally enclosed treatment
                                 facility

                              •   The owner or operator of an elementary  neutralization
                                 unit or a wastewater treatment unit

                              •   A person cleaning up a hazardous waste spill or discharge

                             •   Facilities that reuse, recycle, or reclaim hazardous waste
                                 (except  persons  who produce,  burn,  and  distribute
                                 hazardous waste-derived fuel and used oil recyclers)

                             •  Generators (including  small quantity  generators)
                                accumulating wastes within the time periods specified in
                                40 CFR Part 262 (see Chapter 2)

                             •  A transporter storing manifested shipments less than 10
                                days

                             •   A facility regulated by an authorized State program (such
                                facilities are regulated by the State program instead of the
                                Federal program).

                            In addition, owners or operators of facilities regulated by other
                            environmental laws under a permit-by-rule (e.g., publicly
                            owned  treatment  works, underground injection wells),
                            discussed in  Chapter 5,  only need meet minimum TSD
                            requirements.

                            Bef°re handling ^y hazardous wastes, every facility owner
                            or operator must apply to EPA for an identification number.
                            Owners and operators also must ensure that their wastes are
                            properly identified and handled, that facilities are secure and
                            operating properly, and that personnel working at facilities are


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CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
                                         trained in hazardous waste management. To satisfy these
                                         conditions, owners and operators must take the following
                                         actions.

                                         •   Conduct Waste Analyses - Waste analyses are conducted
                                             prior to treatment, storage, and disposal. This ensures that
                                             owners or operators possess sufficient information on the
                                             properties of the waste they manage to be able to treat,
                                             store, or dispose of them in a manner that will not pose a
                                             threat to human health or the environment. The regulations
                                             require owners or operators to perform detailed chemical
                                             and physical analyses of their wastes, to develop and
                                             follow a written waste analysis plan that specifies tests and
                                             test frequencies, and to test any incoming wastes.

                                         •   Install Security Measures  - The security requirements
                                             were developed to prevent the unknowing entry of people
                                             and minimize the potential for the unauthorized entry of
                                             people or animals onto the active portions of facilities. To
                                             meet these security objectives, a barrier surrounding the
                                             active portion of the facility with controlled entry systems
                                             or 24-hour surveillance must be installed and warning
                                             signs  posted.  Owners or  operators also must  take
                                             precautions to avoid fires, explosions, generation of toxic
                                             gases, and any other events that  would threaten human
                                             health, safety, and the environment. Owners and operators
                                             are exempt from these requirements: (1) if unauthorized
                                             or unknowing entry will not result in injury, and (2) if the
                                             disturbance of waste or equipment will not result in
                                             environmental damage.

                                          •   ConductTnspections - The regulations require an owner or
                                             operator to develop and follow a written inspection schedule
                                             to assess the status of the facility and detect potential
                                             problem  areas.  Any observations  made during the
                                             inspections are recorded in the facility's operating log and
                                             kept on file for three years. All problems found must be
                                             remedied.

                                          •   Conduct Training - The purpose of the trainingrequirement
                                             is to reduce the potential for mistakes that might threaten
                                             human health and the environment. This is accomplished
                                             by ensuring that facility personnel acquire expertise in the
                                             areas to which they are  assigned.  The requirements
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CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
                   Subparts C & D -
        Preparedness and Prevention,
           and Contingency Plan and
              Emergency Procedures
                     specify when facility personnel must be trained (e.g., six
                     months after beginning a job), the records to be maintained,
                     and the minimum frequency with which the initial training
                     received by the employees must be updated. Both on-the-
                     job training and in-house training programs may be used
                     to meet the training requirements. Training requirements
                     have also been placed on TSDFs by the Occupational
                     Safety  and Health  Administration (OSHA).  OSHA
                     requires TSDFs  to implement a  hazard communication
                     plan, medical surveillance program, health and safety plan
                     for employees, decontamination procedures, and toprovide
                     a minimum of 24 hours of safety training. The training
                     requirement may be waived if the employee has had
                     equivalent training or work experience.

                 *   Properly Manage Ignitable. Reactive, or Incompatible.
                     Wastes - In general, all ignitable or reactive wastes must
                     be protected from sources of ignition or reaction or treated
                     to remove the cause of concern. Owners or operators also
                     must make sure  that treatment, storage, or disposal of
                     ignitable, reactive, or incompatible waste does not result
                     in damage to the  containment structure (container, tank,
                     surface impoundment, landfill cell, or pit) and/or threaten
                     human health or the environment. Incompatible wastes
                     must not be placed in the same containment structure if
                     there is the potential for reaction.

                 "    Comply With  Location SfflnHflrfo  . Current  location
                     standards prohibit siting a new facility in a location where
                    flood or seismic events could affect a waste management
                    unit. Bulk liquid wastes are alsoprohibited from placement
                    in salt domes, salt beds, or underground mines or caves.
                    Provisions in HSWA. required the  Agency to further
                    strengthen these location criteria. EPA is currently working
                    on revising the regulations to reflect these new statutory
                    directives.

                These two subparts, originally grouped as one, were developed
                to prepare for emergencies. The preparedness  and prevention
                requirements  are explicit (e.g., installing fire protection
                equipment and alarms  and arranging for coordination with the
                local authorities in emergency situations).  They are intended
                to minimize the possibility and effects of a release, fire, or
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REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
                   •   ,   .               explosion. Contingency plan requirements are the logical
                                        next step. They require an owner or operator to develop an
                                        action plan for emergency  situations.   One of  the key
                                        requirements of this plan is the designation of an emergency
                                        coordinator who is responsible for directing response measures
                                        andreducing the adverse impacts of hazardous waste releases.

          Subpart E - Manifest System,   These requirements specify that the manifest be returned from
         Recprdkeeping, and Reporting   the facility owner or operator to the generator, thus completing
                                        the manifest loop established in the manifest regulations (40
                                        CFR Part 262). When the owner or operator of the TSDF
                                        receives the waste, he or she is responsible for ensuring that
                                        the waste described on the manifest is the same as the waste
                                        on the truck.  This  ensures that there are no significant
                                        discrepancies in the amount (e.g., an extra drum) or type of
                                        waste (e.g., acid waste instead of paint sludge) that was sent
                                        by the generator. If a significant discrepancy is discovered,
                                        the TSDF must reconcile the difference with the generator or
                                        transporter. If this is impossible, EPA must be notified about
                                        the problem within 15 days of the incident.

                         .   ,            In addition to the manifest  requirements, Subpart E also
                                        includes requirements for recordkeeping and reporting. This
                                        includes operating records, biennial reports, unmanifested
                                        waste  reports, and  reports on releases,  ground-water
                                        monitoring, and closure.  Records and reports  provide the
                                        regulating authority with the information used in assessing
                                       , compliance with the hazardous waste regulations. They also
                                        provide facility owners and operators, and local authorities,
                                        with information that  may be  used in responding  to
                               ,         emergencies.
INTERIM STATUS
(PART 265) TECHNICAL
REQUIREMENTS
                   The objective of the interim status technical requirements is to
                   minimize the potential for environmental and public health
                   threats resulting from hazardous waste treatment, storage, and
                   disposal at existing facilities waiting to receive an operating
                   permit.  The two groups of interim status requirements are:

                   •   General standards applying to several types of facilities

                   •   Specific standards applying to each waste management
                      method.
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CHAPTER 4
           REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
           AND DISPOSAL FACILITIES
INTERIM STATUS
GENERAL STANDARDS
         BCNTONITE
         StAl 	
           SANO '
                            An owner or operator of an interim status facility can find the
                            applicable technical requirements in Subparts F through R of
                            40 CFR Part 265.

                            The general standards cover three areas:

                            1) Ground-water monitoring requirements (Subpart F)

                            2) Closure, post-closure requirements (Subpart G)

                            3) Financial assurance (Subpart H).

              Subpart F-   Ground-water  monitoring is required only for owners or
           Ground-Water   operators  of surface impoundments, landfills,  and  land
                            treatment  facilities used to manage hazardous  v/aste.  The
                            purpose of these requirements  is to assess the  impact of a
                            facility on the  ground water beneath it. All or part of the
                            requirements for ground-water monitoring may be waived if
                            the facility can demonstrate that there is a low potential for
                            migration  of contaminants to the uppermost aquifer.  For
                            example, a surface impoundment located in highly adsorbent
                            soils may qualify for this exemption. If wastes remain at the
                            site, monitoring must continue for 30 years (or more) after the
                            facility has closed. The interim status ground-water monitoring
                            program consists of:
                         v ******** 1 1 Ul.V-1
                          Monitoring
                   PROTECTIVE COVER
                   — 'VCSCREEN
          Ground-Water
         Monitoring Well
                           •  Development and installation of a monitoring system

                           •  Background monitoring

                           •  Routine monitoring and evaluation

                           •  Conducting assessments

                           •  Reporting requirements.

Installation of a Monitoring   The. Sround-water monitoring program  outlined  in  the
              monitoring   regulations requires a monitoring system of at least four wells
                           to be installed, one upgradient from the waste management
                           unit and three downgradient. (It is important to note that these
                           are the minimum required.) The downgradient wells must be
                           placed so as to intercept any waste migrating from the unit,
                           should such a release  occur.   The upgradient wells must
                    Development and
                            mitoring
                             System
                                         in-38

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CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
                           Background
                            Monitoring
                 Routine Monitoring and
                            Evaluation
                    Assessment Program
                  provide data on ground water that is not influenced by waste
                  coming from the waste management unit (called background
                  data).  If the wells are properly located, comparison of data
                  from upgradient and downgradient wells should indicate if
                  contamination is occurring.

                  Once the wells have  been installed, the owner or operator
                  collects quarterly data for one year to establish background
                  concentrations for selected chemicals.  These data form the
                  basis for all future comparisons.  If the TSDF suspects that
                  contaminants are already migrating to the ground water, this
                  step may be skipped and the facility would comply immediately
                  with the assessment monitoring requirements. There are three
                  sets of indicator  parameters  for which background
                  concentrations are established:

                   1)  Drinking water parameters

                  2)  Ground-water quality parameters .

                  3)  Ground-water contamination parameters.

                  Following  the establishment of background levels, routine
                   monitoring begins. Monitoring examines ground water for
                   elevated levels of ground-water quality parameters annually
                   and ground-water contamination parameters semi-annually.
                   The results of routine  monitoring are compared  to  the
                   background values and tested statistically to determine whether
                   significant increases  (or decreases in the case of pH) have
                   occurred in the indicator parameters. If comparisons show a
                   difference, then the Regional Administrator must be notified
                   within 7 days and an assessment program instituted.

                   If a statistically significant increase (or decrease in the case of
                   pH) over background is detected for any of the indicator
                  ' parameters, the owner or operator must implement a ground-
                   water assessment program to determine whether hazardous
                   waste is actually entering ground water.  The assessment
                   program, based on a previously developed plan, requires the
                   owner or operator to determine what is contaminating the
                   ground water, the extent of contamination, and the rate of the
                   contaminant migration.  Within  15 days of conducting this
                   assessment, areport on ground-water quality must be submitted
                   to the Regional Administrator.  If the results of the ground-
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CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
                Reporting Requirements
                         Subpart G -
                 Closure/Post-Closure
                  water assessment show no contamination by hazardous waste,
                  then the owner or operator resumes routine monitoring for the
                  indicator parameters.  However, if the assessment shows
                  hazardous waste contamination, then the owner or operator
                  must  continue assessing  the  extent  of  ground-water
                  contamination quarterly until the facility is closed or further
                  monitoring is required as a result of the permitting process.
                  Corrective action may be required to remedy the release.

                  Several ground-watermonitoringreports arerequired. During
                  the  first year, when initial background concentrations are
                  being established, a report on each quarterly well analysis
                  must be submitted within 15 days of the analysis.  From the
                  second year on, an annual report must be submitted providing
                  the results of monitoring for:

                  •   Indicators of ground-water contamination

                  •   Ground water elevation

                  •   Changes in background levels

                  •   Ground-water contamination assessments.

                  An owner or operator may also use an alternate ground-water
                  monitoring  system  if, given  the  facility's  unique
                  hydrogeological situation, the one prescribed in the regulations
                  is not capable of yielding unbiased samples.

                  Closure is the period when wastes are no longer accepted,
                  during which owners or operators of TSDFs complete
                  treatment, storage, and disposal operations, apply final covers
                  to or cap landfills, and dispose of or decontaminate equipment,
                  structures, and soil. Post-closure, which applies only to land-
                  disposal facilities, is  normally a 30-year period after closure
                  during which owners or operators of disposal facilities conduct
                  monitoring and maintenance activities to preserve the integrity
                  of the disposal system. EPA may either extend or shorten the
                  time required for post-closure monitoring. The period may be
                  shortened if EPA finds that the reduced period will still protect
                  human health and the environment. Conversely, post-closure
                 may  be lengthened if necessary to protect human health and
                 the environment.
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CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
                                         The purpose of the closure and post-closure requirements is to
                                         ensure that all  facilities are closed  in a manner that (1)
                                         minimizes the need for care after closure and (2) controls,
                                         minimizes, or eliminates the escape of waste, leachate,
                                         contaminated rainfall, or waste decomposition products to
                                         soils, ground or surface waters, and the atmosphere.

                               Closure   An owner or operator must develop  a plan for closing the
                                         facility and keep it on file at the facility until closure is
                                         completed and certified. This plan must include:

                                         •   A description of how the facility will be closed

                                         •   An estimate of the maximum amount of waste the facility
                                             will handle

                                         •   A  description  of the steps needed to decontaminate
                                             equipment and remove soils and debris during closure

                                         •   An estimate of the year of closure

                                         •   A schedule  for closure.

                                         The plan may be amended at any time during the active life of
                                         the facility. Furthermore, the plan must be amended whenever
                                         design and operation changes that affect the closure plan
                                         occur. Prior to  closure, the plan is submitted to the Regional
                                         Administrator for approval. The Regional Administrator, in
                                         turn, must provide both the owner or operator and the public
                                          an opportunity  to comment on the plan.  Following  the
                                         comment period, the Administrator must make a decision to
                                          approve, modify, or disapprove the plan. Closure activities
                                          occur according to a timetable outlined in the regulations.
                                          This  timetable is subject  to  change  by the  Regional
                                          Administrator.

                                          During closure, the owner or operator must treat, remove from
                                          the site, or dispose of on site, all hazardous waste in accordance
                                          with the approved closure plan. Once closure is completed,
                                          the owner or operator certifies that the facility  has been
                                          properly closed.  As part of closure activities, a survey plat
                                          indicating the  location  and dimensions of landfill cells or
                                          other disposal areas is submitted to the local land authority and
                                          the Regional Administrator. This plat preserves a record of
                                          the TSDF that can be referenced in future years. A notation on
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CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
                          Post-Closure
                        Clean Closure
                Subpart H - Financial
                        Requirements
                  the deed to the facility property also must be made to notify
                  potential purchasers of the property that the land was used to
                  manage hazardous waste.

                  Post-closure is required for land disposal facilities that do not
                  "clean close"  (see below). When a land disposal facility is
                  closed, it  must be monitored for 30 years to ensure the
                  integrity of any waste containment systems and to detect
                  contamination.  Post-closure care consists of at least the
                  following:

                  •   Ground-water monitoring and reporting

                  •   Maintenance and monitoring of waste containment systems

                  •   Security.

                  Like the closure requirements, a post-closure plan outlining
                  activities is developed and kept at the facility until post-
                  closure care begins. This plan may be amended at any time,
                  and an amendment is required if there is  any  change that
                  affects the plan. Post-closure plans are submitted and reviewed
                  in the  same manner as closure plans. The post-closure care
                  period may be lengthened or shortened by the Agency if
                  warranted.

                  Owners or operators of surface impoundments and waste piles
                  that remove all contaminants from the unit may "clean close"
                  the unit. This means that all wastes have been removed from
                  the unit.  If this is successfully demonstrated, post-closure
                  care is not required.

                  At a minimum, owners and operators of surface impoundments
                  and waste piles that wish to clean close must conduct soil
                  analyses and ground-water monitoring to  confirm that all
                  wastes have  been  removed from  the  unit.   Individual
                  requirements (i.e., contaminant concentrations) for each facility
                  are set  on a case-by-case basis by EPA and the affected State.

                  Financial requirements were established to assure that funds
                  are available to pay for closing a facility, for rendering post-
                  closure care at disposal facilities,  and  to compensate third
                  parties for  bodily injury and property damage caused by
                                          ra-42

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CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
                 Financial Assurance for
                    Closure/Post-Closure
                   sudden and non-sudden accidents related to the facility's
                   operation. One important purpose of financial assurance is to
                   prevent RCRA sites from requiring cleanup under Superfund.
                   Ensuring that funds are available for closure, post-closure,
                   and liability helps minimize the need for future  Superfund
                   action.

                   Under HSWA, Congress mandated financial responsibility
                   for other RCRA activities in addition to those outlined in
                   Subpart H, (e.g.,  financial  responsibility  for completing
                   corrective action at TSDFs). Regulations implementing these
                   requirements are currently under development.

                   Under S ubpart H, there are two kinds of financial requirements:

                   1) Financial assurance for closure/post-closure

                   2) Liability coverage for inj ury and property damage (sudden
                      and non-sudden occurrences).

                   States and the Federal Government are exempted from these
                   requirements.

                   The first step owners and operators must take in meeting the
                   financial assurance requirements is to prepare written cost
                   estimates for closing their facilities. If post-closure care is
                   required, a cost estimate  for providing  this care must  be
                   prepared as well. These cost estimates must reflect the actual
                   cost of conducting all the activities outlined in the closure and
                   post-closure plans and are adjusted annually for inflation. The
                   cost estimate for closure is based on the point in the facility's
                   operating life when closure would be the most  expensive.
                   Cost estimates for post-closure monitoring and maintenance
                   are based on projected costs for the entire post-closure period.

                   Following the preparation of the cost estimates, the owner or
                   operator must demonstrate to EPA the  ability  to pay the
                   estimated amounts.  This is known as financial assurance.
                   There are six mechanisms for complying with closure and
                   post-closure financial responsibility. All are adjusted annually
                   for inflation, or more frequently, if cost estimates change. The
                   six mechanisms are:

                   •  Trust fund
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CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
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                                         •  Surety bond

                                         •  Letter of credit

                                         •  Closure/post-closure insurance

                                         •  Corporate guarantee

                                         •  Financial test.

                                         Any of the mechanisms can be used in conjunction with each
                                         other to meet the financial assurance requirements. However,
                                         if a corporate guarantee and the financial test are combined,
                                         the owner or operator must certify that his or her financial
                                         statements are not consolidated with those of the guarantor.
                                         An owner or operator may also use one of the six mechanisms
                                         to meet the financial requirements of multiple facilities."

                                         When an owner or operator selects a trust fund for financial
                                         assurance, he is placing money into a special account. Annual
                                         payments must be made into this account for either 20 years
                                         or the remaining operating life of the facility, whichever is
                                         shorter. During this "pay-in" period, as it is called, deposits
                                         must equal the current cost estimate minus the current value
                                         of the trust fund, divided by the number of years remaining in
                                         the pay-in period. Thus, the trust fund should contain a sum
                                         equal to the cost estimate at the end of the pay-in period.

                                         If either a surety bond, a letter of credit, or closure/post-
                                         closure insurance is selected as the assurance mechanism, the
                                         owner or operator is purchasing a third-party guarantee that
                                         sufficient  funds will be available for closure/post-closure
                                         activities.  The corporate guarantee mechanism works on this
                                        c-same principle. The parent company that owns the facility
                                         provides a written guarantee that sufficient funds are available.

                                         The financial test works on yet a different principle. The
                                         owner or operator of a facility can  assure, by means of a
                                         financial test, that sufficient funds exist within the company to
                                        pay for closure/post-closure activities. The financial test is
                                        also used to test the financial strength of a parent company's
                                        "corporate guarantee."
                                           in-44

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CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
                      Liability Coverage
                   A facility may use State financial mechanisms to meet the
                   financial assurance requirements, if the Regional Administrator
                   determines that the mechanisms are equivalent to those just
                   discussed. A State mechanism may be used exclusively or in
                   combination with the Federal mechanisms to achieve the full
                   level of assurance that is required.

                   The  financial  test and  corporate  guarantee  have  been
                   increasingly popular methods for compliance with the RCRA
                   financial assurance requirements.  (EPA recently amended
                   the liability requirements to allow the use of the corporate
                   guarantee as a method of compliance). This popularity is due
                   to the flexibility of the methods.  Funds do not have to be
                   placed in escrow, nor does a premium have  to be paid
                   annually. However, these more lenient requirements make
                   enforcement of financial responsibility difficult if firms file
                   for bankruptcy and fail to pay for closure, post-closure, or
                   liability costs.

                   An owner or operator is financially responsible for bodily
                   inj ury and property damage to third parties caused by a sudden
                   accidental occurrence or a non-sudden accidental occurrence
                   due to operations at a facility. Sudden occurrences are usually
                   due to an accident, such as an explosion or fire. Non-sudden
                   occurrences take place  over a long period of time,  (e.g.,
                   ground-water contamination).

                   •  Sudden Accidental Occurrences - An owner or operator of
                      a TSDF must have liability coverage of $1 million per
                      occurrence with an  annual aggregate  of $2 million,
                      exclusive of legal defense costs. This liability coverage
                      may be demonstrated using any of the six mechanisms
                      allowed for assurance of closure and post-closure.  In
                      addition, owners or operators may obtain guarantees from
                      corporate "siblings" or "grandparents," or from firms with
                      which they have a "significant business relationship."

                   •   Non-Sudden Accidental Occurrences - Additionally, an
                      owner or operator of a surface impoundment, landfill, land
                       treatment facility, or group of such facilities must maintain
                       liability coverage for non-sudden accidental occurrences.
                       Owners or operators  must maintain  $3  million per
                       occurrence  with  an annual aggregate of $6 million,
                       exclusive of legal defense costs. Liability coverage may
                       be demonstrated in the same ways as sudden liability is
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CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
 INTERIM STATUS
 SPECIFIC
 STANDARDS
                    demonstrated.

                 The same mechanisms may be used to supply assurance for
                 both types of accidental coverage (sudden and non-sudden),
                 however, coverage must total at least $4 million per occurrence
                 with an $8 million annual aggregate.

                 S ubparts I through R of 40 CFR Part 265 consist of requirements
                 tailored to 10 specific waste management methods:

                 •   Containers

                 •   Tanks

                 •   Surface impoundments

                 •   Waste piles

                 •  Land treatment units

                 •  Landfills

                •  Incinerators

                •  Other thermal treatment units

                •  Chemical, physical, and biological treatment units

                •  Underground injection wells.

                While the requirements are specific to the type of waste
                management practice, there are common elements in each of
                them. These are:

                •  Waste analysis

                •  Monitoring and inspection

                •  Closure/post-closure

                •   Recordkeeping
                                      IH-46

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CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
                    General Operating
                         Requirements
                           Subpart I -
                           Containers
                  •  Requirements for ignitable, reactive, and incompatible
                     wastes

                  •  General operating requirements.

                  The  first five  elements have the same objectives as the
                  corresponding general standards discussed earlier, except that
                  additional requirements have been added for each waste
                  management method, (e.g., an owner or operator of a tank in
                  addition to developing an inspection plan, must inspect the
                  tank for cracks or signs of leakage).  The method-specific
                  requirements for those five elements are beyond the scope of
                  an orientation manual, but can be found in the regulations (40
                  CFR Part 265,  Subparts I through R).

                  The  general   operating  requirements  specify  operating
                  procedures for each waste  management method.   These
                  operating procedures are the tools used by EPA to ensure that
                  wastes are properly managed. The operating requirements for
                  each of the ten waste  management methods are  discussed
                  below.

                  Drums and containers are frequently used to accumulate and
                  store wastes. In the past, persons using waste drums often put
                  them somewhere out of sight, without any further concern
                  about what might happen to residues in the containers. The
                  drums eventually  weathered and corroded, releasing their
                  contents, posing threats to human health and the environment.
                  Recognizing that elementary and straightforward precautions
                  may eliminate these problems, EPA requires basic good
                  management practices. The container regulations, therefore,
                  include:

                  •   Using containers in good condition. Wastes in leaking or
                      damaged containers must be recontainerized.

                   •   Ensuring the compatibility of the waste with the container
                      (i.e., corrosive wastes should not be stored in metal
                      containers).

                   •   Handling containers properly to  prevent ruptures and
                      leaks.

                   •   Preventing the mixture of incompatible wastes.
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CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
                           Subpart J -
                               Tanks
                  •  Conducting inspections to assess container condition.

                  When closing a container storage area, the owner/operator
                  must ensure that all hazardous waste residues (including
                  contaminated soils) are removed.

                  Tanks  are stationary  devices designed  to  contain  an
                  accumulation of hazardous waste and constructed primarily
                  of non-earthen materials. Subpart J addresses tanks storing
                  waste that are hazardous under Subtitle Cof RCRA. Additional
                  requirements have been developed for underground tanks
                  storing petroleum or hazardous substances under Subtitle I of
                  RCRA.  General operating requirements fall into five basic
                  areas:

                  •  Tank Assessment - An assessment must be completejd to
                     evaluate  the  tank  system's  structural  integrity and
                     compatibility with  the wastes that it will hold.  The
                     assessment covers design standards, corrosion protection,
                     tank tests, waste characteristics, and the age of the tank.
                     Interim status tanks (in most cases) should have been
                     assessed by the owner or operator by January 1988.

                  •  Secondary Containment and Release Detection - Unless
                     the tank does not contain free liquids and is located in a
                     building with impermeable floors, secondary containment
                     and release detection is required. Secondary containment
                     systems must be designed, installed,  and  operated  to
                     prevent the migration of liquid out of the tank system, and
                     to detect and collect any releases that do occur. Commonly
                     used types of containments include liners, vaults, and
                     double-walled tanks.

                     Owners and operators of interim status tank systems can
                     demonstrate that an alternate design, location, and operating
                     practice will prevent the migration of hazardous wastes or
                     constituents while the tank system is in use. Alternatively,
                     the tank system can be exempted if any release that might
                     occur would not harm human health and the environment.

                  •   Operating and Maintenance Requirements- Persons using
                     tanks, either to store or treat wastes, must  manage the
                     tanks to avoid leaks, ruptures, spills, and corrosion. This
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CHAPTER 4         REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
                      AND DISPOSAL FACILITIES
                           Subpart K -
                               Surface
                        Impoundments
   includes using freeboard or a containment structure (e.g.,
   dike or trench) to prevent and contain escaping wastes,
   and having a shut-off or bypass system installed to stop
   liquid from flowing into a leaking tank.

«  Response to Releases - Tanks with leaks or spills must be
   emptied immediately. The area surrounding the tank must
   be visually inspected for leaks and spills.  Based on the
   inspection, further migration of the waste must be stopped,
   and visibly contaminated soils and surface water must be
   properly disposed. All major leaks must be reported to the
   Regional Administrator, followed by a report describing
   the fate of the released materials.

•  Closure and Post Closure - All contaminated soils and
   other hazardous waste residues must be removed from the
   tank storage area at the time of closure. If decontamination
   is impossible, the tank storage area must be closed following
   the requirements for landfills.

A surface impoundment is a depression or diked area (e.g.,
pond, pit, or lagoon) used for storage, treatment, or disposal,
with the following characteristics:

•  Open on the surface

•  Designed to hold an accumulation of waste in liquid or
   semi-solid form.

The  use of surface impoundments for managing hazardous
wastes has given rise to great concern because wastes deposited
in them tend to escape. The pressure of the liquids forces the
contents to flow downwards into surrounding areas, resulting
in contamination, especially of sub-surface waters. The initial
requirements established for surface impoundments in interim
status were not adequate to prevent contamination.  They
concentrated on general operating requirements to prevent
overtopping (two  feet of  freeboard was  required)  and
containment of liquids (dikes were required to have protective
covers,  such as grass or rock to preserve their structural
integrity). Though ground-water monitoring was required,
liners to prevent leakage were not,  because it was deemed
impractical and infeasible by EPA for all surface impoundments
to be retrofitted for the duration of the interim period before
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CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
                                        permitting.   Congress,  however, established  minimum
                                        technological  requirements  for  interim  status  surface
                                        impoundments in HSWA.

                                        HSWA increased the level of leak protection required at
                                        surface impoundments.  Existing surface impoundments in
                                        interim status had to retrofit and install double liners and a
                                        leachate collection system by November 8, 1988,  or stop
                                        receiving, treating, or storing hazardous waste.  Surface
                                        impoundments that come under Subtitle C regulation due to
                                        additional wastes being listed as hazardous have four years
                                        from the  date the new wastes are added to meet the new
                                        requirements. Surface impoundments must be inspected once
                                        a week to determine whether there are any leaks. If a leak is
                                        found, the surface impoundment must be taken out of service
                                        until it is repaired.

                                        The Act includes provisions for variances from minimum
                                        technological requirements, which had  to  be granted by
                                        November of 1987. If any of the exempted impoundments are
                                        likely to leak or begin to leak, they must be retrofitted to meet
                                        the minimum requirements.

                                        An owner or operator of a waste pile, used for treatment or
                                        storage of a non-containerized accumulation of solid, non-
                                        flowing  hazardous waste,  is given  a  choice regarding
                                        management requirements.   The owner  or  operator may
                                        comply with either the waste pile or the landfill requirements.
                                        Waste piles used for disposal, however, must comply with the
                                        requirement for landfills. The requirements for managing
                                        storage and treatment waste piles include protecting the pile
                                        from wind dispersion.  The pile must be placed  on an
                                        impermeable base that is compatible with the waste being
                                        stored. If hazardous leachate or run-off is generated, control
                                        systems must be constructed, operated, and maintained.

                         Subpart M -    Land treatment is the process of using soils and microorganisms
                     Land Treatment    as a medium to biologically treat hazardous waste.  Land
                                        treatment  has been successfully used for many years in the
                                        petroleum refining industry. However, it is highly regulated
                                        because it presents potential risks in the absence of operational
                                        controls, (e.g., disposal of non-degradable waste types). These
                                        risks arise because land treatment involves the direct application
                                        of hazardous waste to soils.
    Subpart L -
    Waste Piles
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CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
           Land Treatment
                           Subpart N -
                              Landfills
                  An owner or operator may not place hazardous waste in or on
                  a land treatment facility unless the waste can be made less
                  hazardous or nonhazardous. Monitoring of the soil beneath
                  the treatment area and comparison to data on background
                  concentrations of constituents in untreated soils are required
                  to detect migration of hazardous wastes. In addition, waste
                  analyses must be conducted prior to placing wastes in or on the
                  land to determine:

                  •   If any substance in the waste is EP toxic (see Section IE,
                      Chapter 1)

                  •   The concentration of hazardous waste constituents

                  •   The concentration of arsenic, cadmium, lead, and mercury,
                      if food-chain crops are grown on the land.

                  If the waste contains any of these compounds in concentrations
                  that  will  prevent  its degradation, immobilization,  or
                  transformation, then the waste cannot be treated in a land
                  treatment unit.

                  The requirements prohibit growing food-chain crops in a
                  treated area containing arsenic, cadmium, lead, mercury, or
                  other hazardous constituents. This prohibition may be waived
                  if it is demonstrated that such elements or constituents would
                  not  be transferred to  the food portion of  the crop or,  if
                  transferred, would not occur in concentrations greater than
                  would be expected in an identical crop grown on untreated soil
                  in the sameregion. If food-chain crops are grown during post-
                  closure they must be raised in accordance with the requirements
                  established in the regulations.

                  The owner or operator must continue to monitor soil, maintain
                  run-on and run-off management systems, and control wind
                  dispersal after closure.  In addition, access to the treatment
                  unit must be restricted.

                  Landfilling historically  has been the cheapest, and thus
                  preferred, means of disposing of hazardous waste. Through
                   the  1980s, landfilling is expected to account for disposal of
                  , over one-fifth of all hazardous waste. Until the last decade,
                   landfilling practices often focused only on burying the waste
                   to get it out of sight, and controlling surface problems such as
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CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
                                         blowing litter. Experiences at Love Canal in New York and
                                         other burial operations have demonstrated the potential for
                                         severe human health and environmental impacts from improper
                                         landfilling.

                                         Some argue that, because wastes remain hazardous for very
                                         long periods, they should not be landfilled at all. EPA agrees
                                         in principle that it is better to destroy or recycle hazardous
                                         wastes than to landfill them, but the fact remains that, for the
                                         foreseeable future, land disposal is necessary because it is
                                         technically infeasible at present to recycle, treat, or destroy all
                                         hazardous waste.   A number of techniques are available,
                                         however,   for reducing potential  adverse health  and
                                         environmental effects arising from landfills.

                                         The problems that hazardous waste landfills have presented—
                                         and that interim status standards address — can be divided
                                         into two broad classes. The first class includes fires, explosions,
                                         production of toxic fumes, and similar problems resulting
                                         from the improper management  of ignitable, reactive, and
                                         incompatible wastes. To deal with these problems, owners or
                                         operators are required to analyze  their wastes  to provide
                                         enough information for their proper management. They must
                                         control the mixing of incompatible wastes in landfill cells.
                                         Furthermore, they may landfill ignitable and reactive wastes
                                         only when the wastes are rendered unignitable or non-reactive.

                                         The second class of problems presented by landfills concerns
                                         the contamination of surface and ground waters. To deal with
                                         these problems, interim status regulations require diversion of
                                         "run-on" (water flowing over the ground onto active portions
                                         of the facility) away from the active face of the landfill;
                                         treatment of any liquid wastes or semi-solid  wastes so that
                                         they do not contain free liquids; proper closure (including a
                                         cover) and post-closure  care to control erosion and the
                                         infiltration of rainfall; and crushingor shredding most landfilled
                                         containers  so that they cannot later collapse thus leading to
                                         subsidence and opening of the cover. In addition, the interim
                                         statusregulationsforlandfillsrequireground-watermonitoring
                                         to detect contamination, and the collection of rainwater and
                                         other run-off from the active face of the landfill to control
                                         surface water pollution. Segregation of waste, such as acids,
                                         that would mobilize, solubilize, or dissolve other wastes or
                                         waste constituents is also required.
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CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
                            Subpart O -
                           Incinerators
                   Following promulgation of the interim status regulations,
                   Congress determined that existing requirements for land
                   disposal (both interim and permitted), were inadequate to
                   protect human health and the environment and adopted the
                   position of discouraging land disposal. This stance is reflected
                   in HSWA. Specifically, no bulk or non-containerized liquid
                   hazardous waste, or hazardous waste containing free liquids
                   can be disposed of in either an interim status or permitted
                   landfill. This is to prevent the formation of hazardous leachate
                   that  could migrate and cause  surface  or ground-water
                   contamination.  An  exemption to the ban on disposing of
                   nonhazardous liquid wastes may be obtained  if the only
                   reasonably available disposal method for such liquids is a
                   landfill or unlined surface impoundment that may  already
                   contain hazardous wastes and that will not present a risk of
                   contamination  to underground sources of drinking water.
                   Containers holding free liquids also can be placed in a landfill
                   if the liquid has been solidified or decanted, or the container
                   is very small, (e.g., an ampule). Finally, small containers in
                   overpacked drums containing liquids (e.g., lab packs) may, if
                   properly  prepared, be placed in a landfill (with the exception
                   of lab packs containing untreated land disposal restricted
                   wastes). As with surface impoundments, expanded or replaced
                   interim status landfills are required to install double liners and
                   leachate collection systems.

                   Incineration, a method of thermal destruction of primarily
                   organic hazardous waste using flame combustion, can reduce
                   large volumes of waste materials to ash and less toxic gaseous
                   emissions. The interim status incinerator general operating
                   requirements include:

                   •  Achieving normal steady-state combustion conditions
                       before wastes are introduced

                   •  Combustion and emission monitoring.

                   The owner or operator must analyze the waste that is to be
                   incinerated. The waste analysis must determine:

                    •  Heating value of the waste

                    •  Total halogen and sulfur content  ,

                    •  Concentrations  of lead and mercury, unless the facility
                                              111-53

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CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE
AND DISPOSAL FACILITIES
                          Subpart P -
                             Thermal
                           Treatment
                         Subpart Q -
                           Chemical,
                        Physical, and
                           Biological
                          Treatment
                      can demonstrate that these elements are not present in the
                      waste stream to be incinerated.

                  Interim status facilities burning dioxin-containing wastes
                  must  meet  additional requirements.   Essentially, these
                  requirements amount to meeting the permitted (40 CFR Part
                  264) incinerator standards. This includes destroying 99.9999
                  percent of the dioxins in the waste stream.

                  When closing the incinerator,  the owner or operator must
                  remove all hazardous waste and waste residues (including but
                  not limited to ash, scrubber waters, and scrubber sludges).

                  Incineration is only one type of management process that can
                  be used to thermally treat hazardous waste. Less conventional
                  methods, such as molten salt combustion, calcination, wet air
                  oxidation, and fluidized bed combustion, are regulated under
                  this Subpart.   Owners or operators  who thermally treat
                  hazardous wastes  (other than incinerators) must operate  the
                  unit following many  of  the requirements applied to  an
                  incinerator.   The  difference  is that die thermal  treatment
                  standards prohibit open burning of hazardous waste exceptfor
                  the detonation of  waste explosives.  Standards for thermal
                  treatment at permitted facilities under 40 CFR Part 264 have
                  been incorporated under Miscellaneous Units, Subpart X.

                 Treatment, although most  frequently conducted  in  tanks,
                 surface impoundments, incinerators, and in land treatment
                 facilities, can also be conducted in other ways through processes
                 such as distillation, centrifugation, reverse  osmosis, ion
                 exchange,  and filtration.  Because there are many different
                 types of treatment  processes, and because the processes are
                 frequently waste-specific, EPA  has not developed detailed
                 regulations for any particular type of process or equipment.
                 Instead, general requirements have been established to assure
                 safe containment of hazardous wastes. In most respects, these
                 other treatment methods are very similar to using tanks for
                 treatment; therefore, they are essentially regulated the same
                 way. The requirements that must be met concern avoiding
                 equipment or process failure (e.g., reagents or wastes that
                 could cause equipment or a process to fail must not be used in
                 treatment). In addition, safety systems to shut down waste
                 inflow in case of a malfunction must be installed in continuous
                 flow operations.   Standards  for chemical, physical, and
                                          IH-54

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CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
                                        biological treatment methods for permitted facilities under
                                        Part 264 have been incorporated under Miscellaneous Units,
                                        Subpart X.

                          Subpart R -   Underground injection is the disposal of fluids underground,
                         Underground   through a well.  Underground injection is regulated jointly
                             Injection   under RCRA and the Safe Drinking Water Act.   RCRA
                                        Section 3004(f)  requires EPA  to  determine whether
                                        underground injection of hazardous wastes will endanger
                                        human health and the environment.  In response  to this
                                        requirement, EPA has banned the underground injection of
                                        wastes that do not meet the applicable treatment standards of
                                        the land disposal restrictions. More specific information on
                                        the wastes banned from injection can be found in 40 CFR Part
                                        148.

                                        Underground injection wells are permitted at the State level
                                        under the Safe Drinking Water Act and granted a permit- by-
                                        rule under RCRA. Owners and operators of these facilities
                                        must  meet the  general  standards outlined in Subparts A
                                        through E of RCRA 40 CFR Part 265. They are not required
                                        to meet RCRA closure/post-closure or financial requirements
                                        (Subparts G and H of RCRA 40 CFR Part 265), since both
                                        areas are already regulated under the Safe Drinking Water Act
                                        (see 40 CFR Part 144).  HSWA prohibits the disposal of
                                        hazardous waste by underground injection into or above a
                                        formation within 1/4-mile of an underground sourceof drinking
                                        water.

                                        The standards for underground injection of hazardous waste
                                        under the Safe Drinking Water Act consist of:

                                         •  Construction Requirements - New wells must be sited so
                                            that they inject into a formation free of faults or fractures
                                            separate from underground sources of drinking water.
                                            Drilling logs and similar tests must be used to ensure that
                                            this requirement is met. Both new and existing wells must
                                            be cased and cemented to protect sources of drinking
                                            water.

                                         •  Operating.  Monitoring and Reporting Requirements -
                                            The injection pressure of the well must not fracture the
                                            disposal formation. The owner or operator must monitor
                                            the injection well to ensure the integrity of the well bore.
                                            IH-55

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  CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
 PERMIT (40 CFR
 PART 264)
 TECHNICAL
 REQUIREMENTS
PERMIT GENERAL
STANDARDS
                    He or she must also periodically monitor the pressure,
                    flow rate, and cumulative volume of the injected material.
                    Monitoring information is submitted annually to EPA.

                 The permitted standards are more extensive than the general
                 management practices detailed in the interim status standards,
                 because they compel the owners and operators of the different
                 waste management methods to design their management units
                 to prevent the release of hazardous waste. The permit standards
                 in 40 CFR Part 264 also differ from the interim status standards
                 in that they are only a blueprint for the requirements applied
                 to TSDFs. The specific requirements with which an owner or
                 operator must comply  are developed  for each  facility by
                 permit writers, based on their "best engineering judgment"
                 and the requirements of 40 CFR Part 264. Such requirements
                 are then incorporated into the facility's operating permit. For
                 example, the ground-watermonitoringrequirements are found
                 in 40 CFR Part 264, but the actual parameters that must be
                 monitored are specified in each permit.  Thus, although the
                 technical requirements for permits are discussed here, each
                 facility's  permit must  be  consulted  for the  individual
                 requirements an owner or operator must follow.

                 The technical requirements for  permitted facilities are
                 structured similarly to the interim status technical requirements.
                 They too are divided into two groups:

                 •  General standards

                 •  Specific standards.

                 Because many of the interim status technical requirements are
                 the same or similar to permit requirements, the remainder of
                 this chapter describes only these major provisions of Subparts
                 I through O, and X of 40 CFR Part 264 that are not found in,
                 or differ from, Subparts I through R of 40 CFR Part 265.

                The general standards cover three areas:

                 1)  Ground-water monitoring requirements (Subpart F)

                2)  Closure/post-closure requirements (Subpart G)
                                         IE-56

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CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
                          Subpart F -
                       Ground-Water
                            Protection
                   Detection Monitoring
                 Compliance Monitoring
                  3) Financial requirements (Subpart H)

                  The  ground-water monitoring requirements are discussed
                  below. Closure/post-closure and financial requirements for
                  permitted facilities  are  similar  to  the  corresponding
                  requirements under interim status. Thus, they are not repeated
                  here.

                  The  ground-water  protection  requirements for permitted
                  facilities are more specific than those found under interim
                  status. They apply to surface impoundments, waste piles, land
                  treatment units, and landfills.  There are three parts to the
                  ground-water requirements: a detection monitoring program,
                  a compliance monitoring program, and a corrective action
                  program.

                  Detection monitoring is conducted to  determine whether
                  hazardous wastes are leaking from a TSDF at levels great
                  enough to warrant compliance monitoring. Detection activities
                  are similar to those outlined under interim status, including
                  background monitoring and semi-annual  monitoring for
                  indicatorparameters. Monitoring is conducted at a compliance
                  point specified in the permit.  This point is located at the edge
                  of the waste management area, best envisioned as an imaginary
                  plane on the outer limit of one or a group of disposal units. The
                  indicator parameters and constituents that must be monitored
                  are specified in the permit.  If leakage is detected, then the
                  owner or operator institutes a compliance monitoring program.

                  The objective of the compliance monitoring program is  to
                  evaluate the concentration of certain hazardous constituents
                  in  ground  water to  determine whether  ground-water
                  contamination is occurring  at a level requiring corrective
                  action. Each permit specifies the constituents and concentration
                  limits owners or operators must monitor for in the ground-
                  water protection standard. The constituents are selected from
                  Appendix IX of Part 264 as those that could possibly originate
                  from the TSDF. The ground-water protection standard can be:

                   •   Background levels

                   •   The values in Table 1 of 40 CFR Part 264.94, (Maximum
                                            m-57

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 CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE
AND DISPOSAL FACILITIES
                      Corrective Action
PERMIT SPECIFIC
STANDARDS
                     Concentration  of  Constituents for  Ground-water
                     Protection), or

                  •   A site-specific  Alternate  Concentration Limit  (ACL)
                     approved by the Regional Administrator.

                  If compliance monitoring indicates a statistically significant
                  increase in the concentration limits for those hazardous
                  constituents specified in the permit, then corrective action
                  must be instituted to bring the facility back into compliance
                  with the ground-water protection standard.

                  Corrective action may be required either under the authority
                  of Subpart F or the authority of HSWA. Subpart F corrective
                  action applies only to cleaning up ground water at a regulated
                  unit at a TSDF. This type of corrective action program is
                  incorporated into a facility permit. HSWA corrective action
                  (described in  detail in Section III, Chapter 5) applies to
                 releases to any media from any unit at a TSDF.  These two
                 corrective action authorities are often used in combination at
                 a TSDF.

                 The facility-specific standards cover the following eight waste
                 management methods:

                 •  Containers

                 •  Tanks

                 •  Surface impoundments

                 •  Waste piles

                 •  Land treatment units

                 •  Landfills

                 •  Incinerators

                 •  Miscellaneous units.

                Facility-specific permit standards for underground injection,
                thermal treatment, or chemical, physical, and  biological
                treatment are developed from the general  performance


                  IH-58

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CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
                           Subpart I -
                           Containers
                            Subpart J -
                                Tanks
                           Subpart K -
                 Surface Impoundments
                   standards outlined in Subpart X, Miscellaneous Units, of 40
                   CFR Part 264.

                   Permit requirements for containers are similar to the interim
                   status requirements, with the following exceptions:

                   •   Containers must be placed in a containment system that is
                      capable of containing leaks and spills. This system must
                      have sufficient capacity to contain  ten percent of the
                      volume of all containers or the volume of the largest
                      container, whichever is greater (this applies only to those
                      holding liquids; containers holding solids are not factored
                      into this volume determination).

                   •   When closing a container, all  hazardous waste  and
                      hazardous waste residues must be removed, unless the
                      container is to be disposed of as hazardous waste.

                   •   After closure, all contaminated equipment or soil must be
                      decontaminated or removed.

                   40 CFR Part 264 standards for tanks closely resemble the
                   requirements for interim status tanks described previously.
                   Tank assessments, secondary containment and leak detection,
                   operations and maintenance, response to releases, and closure/.
                   post-closure requirements are all the same. The difference is
                   that new tanks  (regulated  under 40 CFR Part 264)  must
                   comply with these requirements before being put into use.
                   Requirements for existing (interim status) tanks are phased in.
                   Additionally, owners and operators of permitted tank systems
                   cannot obtain an exemption from the secondary containment
                   and release detection requirements.

                   Prior to HS WA, the permit standards for surface impoundments
                   required that a liner be designed, constructed, and installed to
                   prevent  migration of wastes out of the impoundment.  In
                   addition, double-lined surface impoundments meeting certain
                   requirements were not subject  to ground-water  protection
                   requirements.   However,  HSWA  established  minimum
                   technology standards for land disposal facilities, including
                   surface impoundments, that are more  stringent.  Existing
                   requirements were considered inadequate to prevent hazardous
                   waste from entering the environment.
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CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE
AND DISPOSAL FACILITIES                                 '
                                        All surface, impoundments are required to have at least one
                                        liner and to be located on an impermeable base. Additionally,
                                        new  surface  impoundments,  replacements,  or lateral
                                        expansions of surface impoundments applying for a permit
                                        after November 8,1984, must meet the minimum technological
                                        requirements added to Section 3004(o) of the Act by HSWA.
                                        These requirements are:

                                        •  The installation of two or more liners

                                        •  A leachate collection system between the liners

                                        •  Ground-water monitoring.

                                        Variances  for  these requirements  may be  given  by  the
                                        Administrator if the owner or operator demonstrates that
                                        alternative  design and operation,  together  with location
                                        characteristics,  will prevent  migration  of hazardous
                                        constituents  into  ground  water.   Monofill  surface
                                        impoundments containing foundry wastes and meeting certain
                                       conditions also may be issued a waiver. HSWA deleted the
                                       variances from ground-water monitoring standards for double-
                                       lined impoundments.

                                       In addition  to  the  new  HSWA  minimum technology
                                       requirements, the old requirements calling for proper design,
                                       construction, and operation  of surface impoundments still
                                       apply. These requirements include preventing liquids from
                                       escaping from the top (overfilling, run-on) or sides (dikes) of
                                       surface impoundments. Liners must be constructed properly,
                                       of appropriate materials and thickness. During construction
                                       and installation, liners and cover systems must be inspected
                                       for uniformity, damage, and imperfections. After installation
                                       all units must be examined weekly to ensure that the integrity
                                       of the unit is maintained and that no potentially hazardous
                                       situations have  developed.   If the liquid  in a surface
                                       impoundment suddenly drops for no apparent reason, or if a
                                       dike leaks, the surface impoundment must be removed from
                                       service and, if the leak cannot be stopped, the impoundment
                                       must be emptied.

                                       The closure  and post-closure  requirements for surface
                                       impoundments include removing or decontaminating all waste
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CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
                           Subpart L -
                           Waste Piles
             — WASTE PILES (Storage)
    SINGLE LINER - Inipectable   SINGLE LINER-Non
                            Subpart M -
                        Land Treatment
                   residues,  and  properly covering  and  maintaining  the
                   impoundment to prevent leaks from occurring.

                   Unlike waste piles regulated under interim status, permitted
                   waste piles must have  an impermeable base with a liner
                   designed and constructed to prevent any migration of wastes
                   out of the pile into adjacent  soil or waters.  A  leachate
                   collection system immediately above the liner also must be
                   installed.  Owners or operators can be exempted from this
                   requirement if alternate design and operation practices, together
                   with location characteristics, will prevent the migration of
                   hazardous wastes.

                   Owners or operators of waste piles can obtain a waiver from
                   ground-water protection regulations if the waste pile is "an
                   engineered structure" that the Regional Administrator finds
                   does not receive or contain liquid waste, does exclude liquids,
                   and has a multiple leak detection system that prevents "Vaste
                   migration.

                   Run-on and run-off systems must be constructed to prevent
                   water from flowing onto the active portion of the waste pile.
                   Construction of liners and cover systems must be monitored
                   to ensure that they are properly installed.  During operation,
                   the owner or operator must inspect the waste pile once a week,
                   to ensure that there is no deterioration and that the leachate
                   collection system is functioning properly.

                   These standards require that an owner or operator establish a
                   land treatment program to ensure that hazardous constituents
                   placed in or on the treatment zone are degraded, transformed,
                   or immobilized within the treatment zone. The elements of
                    this program specified in the permit, include:

                    •  Which wastes can be treated

                    •  Design and maintenance  of the land treatment unit to
                       maximize treatment

                    •   Soil monitoring

                    •   The  hazardous  constituents  that must  be  degraded,
                        transformed, or immobilized by treatment
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REGULATIONS APPLICABLE TO TREATMENT, STORAGE
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                                        •  Size of the treatment zone.

                                        The permit specifies the design and operating requirements
                                        that the owner and operator must use in the construction and
                                        maintenance of the land treatment unit.

                                        Prior to the application of waste, a treatment demonstration
                                        must be conducted to verify that the hazardous constituents
                                        are adequately treated by the unit. The Regional Administrator
                                        may  allow the growth of food-chain crops in or on the
                                        treatment zone only if the owner or operator meets certain
                                        conditions outlined in 40 CFR 264.276.

                                        The permitting standards for land treatment units include
                                        extensive unsaturated zone monitoring  requirements.   A
                                        monitoring program must be established to determine whether
                                        hazardous constituents  are migrating out of the treatment
                                        zone. Based on a sampling program outlined in the permit, if
                                        migration is detected a permit modification must be submitted
                                        outlining changes in operating practices to maximize  the
                                        success of treatment.

                         Subpart N -    Landfills, like  surface impoundments, are regulated closely
                            Landfills    because of the potential impacts they may have on human
                                        health and the environment. HS WA added several provisions
                                        that owners or operators of landfills must meet.  Landfills
                                        (including  expansions  or  replacements) permitted after
                                       November 1985, must install two or more liners, two leachate
                                       collection systems (one above and one between liners) and
                                       must conduct ground-water monitoring. The variance from
                                       ground-water requirements is the same as that described under
                                       surface impoundments and waste piles - only engineered
                                       structures that exclude liquids and prevent liquid migration
                                       may be exempted. Owners and operators are exempted if they
                                       can show that  alternative design and operating practices,
                                       together with location characteristics, will prevent the migration
                                       of hazardous waste. Landfills containing foundry wastes that
                                       meet certain location  and design criteria  are also exempt.
                                       Facilities permitted prior to November 1985 must only install
                                       one liner and a leachate collection system.

                                       Another HS WA amendment affecting landfills is the "liquids
                                       in landfills restriction."  Bulk or non-containerized liquids
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CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
                                         (both hazardous and nonhazardous) are prohibited from
                                         placement in a landfill.  In addition, the land disposal of
                                         containerized  liquid  hazardous  waste  or free  liquids in
                                         containerized hazardous waste must be minimized. If the only
                                         reasonable alternative for disposing of nonhazardous liquids
                                         is a non Subtitle C landfill or unlined impoundment that
                                         contains or may contain hazardous waste, then the Regional
                                         Administrator may allow its disposal in a landfill. As with
                                         surface impoundments, HSWA requires that final permit
                                         applications for landfills be accompanied by information on
                                         the  potential for public exposure to hazardous wastes or
                                         constituents from facility releases.  This was previously
                                         discussed under 40 CFR Part 264 surface impoundment
                                         requirements.

                           Subpart O -   By either conducting a trial burn or using alternate data, an
                           Incinerators   owner or operator must determine the operating methods for
                                         his  or  her incinerator that will  result in its meeting the
                                         following performance standards:

                                         .   99.99  percent of  each  principal  organic hazardous
                                             constituent specified in the permit must be destroyed or
                                             removed by the incinerator (dioxins must meet 99.9999
                                             percent)

                                         •   Hydrogen chloride emissions must be minimized

                                         •   Paniculate emissions must be limited.

                                         The permit will specify the composition of waste feed that
                                         may be incinerated. Different waste feeds may be incinerated
                                         only if a new permit or permit modification is obtained. To
                                         prove that an  incinerator can meet the required performance
                                         standards, a trial burn is usually conducted.  Trial burns are a
                                         temporary period in which the owner or operator demonstrates
                                         the efficiency of the incinerator in destroying hazardous
                                         wastes. While incinerating hazardous waste, the combustion
                                         process and equipment must be monitored  and inspected to
                                          avoid  potential  accidents  or incomplete  combustion.
                                          Incinerators may receive waste only after the destruction
                                          removal efficiency has been achieved and the unit is complying
                                          with its operating requirements. The Regional Administrator
                                          may ask for a sampling of the waste and exhaust emissions to
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 CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
                                         verify that the operating requirements in the permit are being
                                         met.

                           Subpart X -   Until recently, although EPA has issued regulations for all
                    Miscellaneous Units   majOr waste management technologies, some gaps remained.
                                         Some technologies were difficult to fit into the framework of
                                         the prior regulations.  To address these gaps,  the Agency
                                         issued regulations governing miscellaneous units.

                                         Miscellaneous units are defined as any unit used to treat, store,
                                         or dispose of hazardous waste that is  not  a research,
                                         development, and demonstration unit, or not already regulated
                                         under 40 CFR Part 264 (e.g., a landfill, surface impoundment,
                                         incinerator, or tank).  Miscellaneous units regulated under
                                         Subpart X include, but are not limited to:

                                         •   Open burning/open detonation areas
                                         •   Thermal treatment units
                                         •   Deactivated missile silos
                                         •   Geologic repositories

                                         Requirements for miscellaneous units are based on technical
                                         performance standards. They must be designed, constructed,
                                         operated, and maintained in a manner that ensures protection
                                         of human health and the environment. Requirements for each
                                         miscellaneous unit are determined on a case-by-case basis,
                                         including any of the technical requirements under 40 CFR
                                         Part 264 that may be appropriate.
LAND DISPOSAL
RESTRICTIONS
                 As explained in Section IE., Chapter 2, HSWA Section 3004
                 includes restrictive provisions governing the land disposal of
                 untreated hazardous wastes.   These provisions are being
                 codified into regulations following a schedule specified in the
                 statute, which  outlines  a phase-in of the land disposal
                 restrictions by groups.  HSWA requires EPA to develop
                 treatment standards stipulating concentrations or levels  of
                 hazardous constituents that are considered to be protective of
                 human  health  and  the environment  for all  listed and
                 characteristic hazardous wastes by May  of 1990 (with a few
                 exceptions).

                 Treatment standard concentrations are expressed either as: (1)
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CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
                                         concentrations of hazardous constituents in leachate produced
                                         from testing a sample of the waste using the TCLP (toxicity
                                         characteristic leaching procedure - a toxicity test) or (2)
                                         concentrations of hazardous constituents present in the waste
                                         in weight percent (e.g., 2% lead). In addition to treatment
                                         standards expressed as concentrations, for a few wastes these
                                         standards are actually specified as a  particular treatment
                                         technology  (e.g.,  halogenated organic  compounds  -
                                         incineration).

                                         HSWA has divided the universe of listed and characteristic
                                         wastes into five groups and set schedules for EPA to develop
                                         treatment standards for these groups. The groups and schedules
                                         are:
                                            Solvents and Dioxins: These were banned from land
                                            disposal  (unless treated) effective November 8,1986 and
                                            November 8,1988 respectively.

                                            "California List" Wastes: This group of hazardous wastes
                                            was originally developed by the State of California for
                                            their hazardous waste management program. It includes:
                                            liquid wastes containing certain metals, free cyanides,
                                            polychlorinated biphenyls, corrosives (pH less than 2.0)
                                            and certain  wastes  containing  halogenated  organic
                                            compounds. In addition, solid,hazardous wastes containing
                                            halogenated organic compounds are also included in this
                                            group. The majority of these wastes was banned from land
                                            disposal (unless treated) effective July 8,  1987.  Some
                                            wastes were given variances due to a lack of treatment
                                            capacity.

                                            "First. Second, and Third Third" Wastes: The remaining
                                            list of listed and characteristic wastes was divided into
                                            thirds (see 40 CFR Part 268 for specific waste groupings).
                                            The "first third" wastes were banned effective August 8,
                                            1988 and the "second third" June 8,1989. The "third third"
                                            wastes will be banned effective May 8,1990.

                                            Newly  Listed Wastes: Additional wastes listed after
                                            November 8, 1984 will be evaluated on a case-by-case
                                             basis.  EPA must make a determination of whether the
                                             waste may  be land-disposed  within six months of the
                                             identification or listing. However, HSWA does not impose
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  CHAPTER 4
      REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
      AND DISPOSAL FACILITIES
REQUIREMENTS
FOR RECYCLABLE
MATERIALS AND
RECYCLING
PROCEDURES
                           an automatic prohibition on land disposal if EPA misses
                           a deadline for a newly listed waste.

  Treatment, Storage,   Specific land disposal restrictions requirements for TSDFs
        and Disposal   include:
Facility Requirements
                       •   Ensuring compliance  with  generator record-keeping
                           requirements  when residues generated from treating
                           restricted wastes are manifested off site, and

                       •   Certifying that treatment standards have been achieved
                           for particular wastes prior to disposal.

                       As outlined in Section III, Chapter 2, facilities that generate
                       land disposal restricted wastes need to ensure that the proper
                       paperwork accompanies the manifest when restricted wastes
                       are  sent off-site for disposal.  Facilities that store or treat
                       restricted wastes or restricted waste residues,  and send the
                       residues off-site for disposal, are subject to the same record-
                       keeping regulations as generators. In addition, facilities that
                       treat restricted wastes to the appropriate standard may send a
                       certification with the manifest to  the disposer verifying
                       compliance. However, most disposal facilities generally test
                       waste shipments to ascertain compliance with the treatment
                       standards and to prepare their own certification.

                       Restricted wastes may be disposed  in a hazardous waste
                       landfill  only if the waste meets the applicable treatment
                       standard. In some cases, a hazardous waste may meet the
                       treatment standard as generated and  require no further
                       treatment.  However, more frequently, waste  streams will
                       require some type of treatment (e.g., incineration, fixation)
                       prior to disposal to comply with the standards. Facilities that
                       dispose  of restricted wastes are ultimately responsible for
                       determining and certifying that they meet the standards. A
                       certification must be prepared by the disposal facility for each
                       distinct  waste volume disposed unless the certification is
                       provided by the generator or treatment facility (as discussed
                       above).
                      As referred to in Section HI, Chapter 1, certain materials that
                      are hazardous  in  nature  or  exhibit a hazardous waste
                      characteristic are exempt from the scope of hazardous waste
                      regulation when recycled (40 CFR 261.6), including:
                                           m-66

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CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
r Recycle •
                    •Conserve Energy-*
                  •  Reclaimed industrial ethyl alcohol

                  •  Used batteries returned to the manufacturerfor regeneration

                  •  Used oil recycled but not burned

                  •  Scrap metal

                  •  Fuels from oil-bearing hazardous waste

                  •  Oil reclaimed from hazardous waste

                  •  Coke and coal tar from the iron and steel industry.

                  Consequently, handlers of these materials are not subject to
                  generator, transporter, or TSDF regulations.

                  Similarly, regulations contained in 40 CFR Part 266 exempt
                  specialized recycling procedures from portions of the hazardous
                  waste regulations. These procedures include:

                  •   Hazardous waste fuels burned for energy recovery in
                      boilers and industrial furnaces

                  •   Used oil burned for energy recovery in boilers and industrial
                      furnaces

                   •   Hazardous wastes and waste-derived products used in a
                      manner constituting disposal

                   •   Spent lead-acid batteries which are reclaimed, and

                   •   Hazardous  wastes from which precious  metals  are
                      reclaimed

                   In addition, units used to recycle hazardous wastes (e.g., stills
                   that distill spent solvents) do not require a hazardous waste
                   permit. However, owners or operators of recycling facilities
                   would have to pbtain  permits for container or tank storage
                   areas used to store the wastes  prior to recycling (with the
                   exception of facilities reclaiming lead-acid batteries and those
                   engaged in precious metal recovery).
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CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
SUMMARY
                  Treatment, storage, and disposal facilities (TSDFs) are the last
                  link in the "cradle-to-grave" hazardous waste management
                  system.  In order to handle hazardous wastes, TSDFs must
                  obtain a permit and abide by TSD regulations.

                  TSDFs fall into two categories:

                  •   Interim status facilities

                  •   Permitted facilities.

                  Interim status was developed by Congress to allow certain
                  owners and operators of facilities in existence on November
                  19,1980 (or brought under S ubtitle C regulation after this date
                  by amendment), to continue operating as if they have a permit
                  until their permit application is issued or denied.

                  There are two sets of TSD regulations:

                  •   Interim Status Standards-Thp.sp.are"gonHhongf.1r^pi-ng"
                     requirements, (e.g. tanks should be used properly), found
                     in 40 CFR Part 265.

                  •   Permit Standards - These are facility-specific performance
                     standards  and "design and  operating" requirements
                     incorporated into the permit, (e.g., tanks storing hazardous
                     waste must be designed to specifications) found in 40 CFR
                    Pan 264.  The standard permit language, found in the
                    regulations, is general and serves as a guideline for permit
                    writers  in setting  specific design  and  operating
                    requirements  through "best engineering judgment."

                 Both TSD regulations are composed of:

                 *  Administrative and Non-Technical Requirements - These
                    ensure that owners or operators of TSDFs establish the
                    necessary procedures and plans to run a facility properly
                    and to handle any emergencies or accidents. They cover:

                    -  Who is subject to the regulations

                    -  General facility standards

                    -   Preparedness and prevention
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CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
                                          -  Contingency plans and emergency procedures

                                          -  Manifest system, record-keeping and reporting.

                                          Technical Requirements - These ensure that owners or
                                          operators operate TSDFs in a way that minimizes the
                                          potential for threats to human health and the environment.
                                          Technical requirements are further broken down into:

                                          -  General standards  that apply to several types of
                                             facilities, covering:

                                             •«  Ground-water monitoring

                                             ••  Closure/post-closure

                                             ••  Financial requirements.

                                             Specific standards that apply to a waste management
                                             method, covering:

                                             ••  Containers

                                             ••  Tanks

                                              ••  Surface impoundments

                                              ••  Waste piles

                                              ••  Land treatment

                                              ••  Landfills

                                              ••  Incinerators

                                              ••  Thermal treatment (interim status standards only)

                                              ••  Chemical, physical, and biological treatment
                                                 (interim status standards only)

                                              ••  Underground injection (interim status standards
                                                 only)
                                           111-69

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CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
                                          •• Miscellaneous units

                                    HSWA Section 3004 requires the Administrator to examine
                                    all listed hazardous wastes and some others to determine
                                    whether any should be banned from land disposal.  Those
                                    wastes with concentrations of toxic constituents that threaten
                                    human health and the environment must be treated before they
                                    can be land disposed.
                                     IH-70

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                     CHAPTERS
                      PERMITTING
OVERVIEW

WHO NEEDS A PERMIT?

TYPES OF HAZARDOUS WASTE PERMITS

THE PERMIT PROCESS

   Submitting a Permit Application
-  Reviewing the Permit Application
-  Preparing the Draft Permit
-  Taking Public Comment
-  Finalizing the Permit

PERMIT ADMINISTRATION

   Permit Modification
-  Revocation and Reissuance of the Permit
   Permit Termination

THE CORRECTIVE ACTION PROCESS

-  Scope of Corrective Action

CORRECTIVE ACTION COMPONENTS

-  RCRA Facility Assessment (RFA)
-  RCRA Facility Investigation (RFI)
-  Corrective Measure Study (CMS)
-  Corrective Measures Implementation (CMI)

THE ENVIRONMENTAL PRIORITIES INITIATIVE

SUMMARY

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CHAPTER 5      PERMITTING
OVERVIEW
WHO NEEDS A PERMIT?
Permits identify the administrative and technical standards to
which facilities must adhere. Permits can be issued by EPA
or an authorized State. Whether administered by EPA or a
State, the permitting program must meet national standards.
Indeed, one of the requirements for a State program is that it
be fully equivalent to, consistent with, and no less stringent
than, the Federal program. Therefore, although this chapter
describes permitting as a Federal program,  the procedures
outlined apply equally to permitting programs run by authorized
States.   Additionally,  States  may  impose regulatory
requirements that are more stringent or broader in scope than
the Federal program.

This chapter covers the entire permitting process including:

•  The universe  of  TSDFs subject  to the permitting
   requirements of Subtitle C

•  The steps involved in permitting a TSDF

»  Corrective action through the permitting process.

Owners or operators of facilities that treat, store, or dispose of
hazardous waste must obtain an operating permit under Subtitle
C. TSDFs in existence on November 19,1980 operate under
interim status until a final permit decision is made.  New
TSDFs are ineligible for interim status and  must receive a
RCRA permit before construction can commence. Only in a
very limited number of circumstances can a person treat, store,
or dispose of hazardous waste without a permit:

»  Generators storing waste on site for less than 90 days

«  Small quantity generators who store waste on site less than
    180 days

•  Farmers disposing of their own (hazardous) pesticides on
   site

»  Owners or operators of totally enclosed treatment facilities,
   wastewater  treatment  units (tanks)  and elementary
   neutralization units

«  Transporters storing manifested wastes at a transfer facility
   for less than 10 days
                                            IH-71

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 CHAPTER 5
PERMITTING
TYPES OF HAZARDOUS
WASTE PERMITS
                  •   Persons  engaged in containment activities during an
                      immediate response to an emergency

                  •   Owners or operators of solid waste disposal facilities
                      handling  only conditionally exempt small quantity
                      generator waste

                  •   Persons engaged in Superfund on-site cleanups and RCRA
                      Section 7003 cleanups.

                  If any of the individuals listed above treat, store, or dispose of
                  hazardous waste in a manner not covered  by the exclusion,
                  they are subject to the RCRA permit requirements for that
                  activity.

                  As noted earlier, a permit defines a  facility's requirements
                  under S ubtitie C. These requirements consist of all the general
                  and technical standards discussed in Section III, Chapter 4, as
                  well as requirements for corrective action.  Corrective action
                  requirements specify that TSDFs clean up releases caused by
                  facility operations.

                  Several categories of permits are issued under the RCRA
                  Subtitle  C program.   Each category defines operating
                  requirements and various provisions specific to the permitting
                  need.

                  •   Treatment.  Storage, and  Disposal  Permits -  Most
                     commonly, RCRA permits are issued for treatment, storage,
                     and disposal units. The units are: containers, tank systems,
                     surface impoundments, waste piles, land treatment units,
                     landfills, incinerators, and miscellaneous units.   These
                     methods are the most common way to treat, store, and
                     dispose of hazardous waste. Minimum national standards
                     have been promulgated for each of these methods at 40
                     CFR Part 264 (see Section III, Chapter 4). HSWA added
                     "corrective action"requirements to the permittingprocess.
                     These requirements  state that facilities must address
                     existing or part  releases.  Interim  status  facilities or
                     facilities permitted prior to HSWA must  revise their
                     permit to comply with these requirements.   All permit
                     conditions must be met prior to issuance of a permit, with
                     the exception of corrective action requirements. Corrective
                     action requirements can be met one of two ways, by:
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CHAPTER 5
PERMITTING
                                                writing it as a permit condition, or

                                                developing a schedule of compliance.
                                            Research. Development, and Demonstration  Permits -
                                            EPA encourages  the use  of  alternative  treatment
                                            technologies  by issuing research, development,  and
                                            demonstration (RD&D) permits for promising innovative
                                            and experimental treatment technologies. The permitting
                                            criteria are that national standards must not exist for the
                                            treatment technology.  For example, a high temperature
                                            incinerator could not apply for an RD&D permit since
                                            standards have already been promulgated at 40 CFR Part
                                            264 Subpart O. Permits are issued for one year, although
                                            they may be renewed up to three times. RD&D facilities
                                            can receive only those  wastes that are  necessary to
                                            determine the efficacy of the treatment technology.

                                            Issuance of RD&D permits follows a more streamlined
                                            process than a standard RCRA permit. EPA may modify
                                            or  waive the  usual  permit  application  and issuance
                                            requirements, with the exception of financial responsibility
                                            and public participation, as long as the Agency maintains
                                            consistency with its mandate to protect human health and
                                            the environment.

                                            Post-Closure Permits - Land disposal facilities that leave
                                            wastes in place when they close must obtain a post closure
                                            permit, specifying the requirements for proper post-closure
                                            care.

                                            Emergency Permits - In potentially dangerous situations,
                                            EPA  can  forego the  normal  permitting  process.
                                            Specifically, when there is an "imminent and substantial
                                            endangerment to human health and  the environment," a
                                            temporary (90 days or less) emergency permit can be
                                            issued to a:

                                            -   Non-permitted facility for the treatment, storage, or
                                                disposal of hazardous waste

                                            -   Permitted facility for the treatment, storage, or disposal
                                                of hazardous waste not covered by its existing permit.

                                            Permit-by-Rule - EPA issues permits under a number of
                                            different laws. In some instances, the requirements of one
                                            statute's permitting regulations are quite similar to those
                                            in RCRA. To avoid duplication, EPA has tried to abbreviate
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 CHAPTERS
PERMITTING
            PERMIT-BY-RULE
THE PERMIT PROCESS
                      the  application process for facilities that need to be
                      permitted under two or more statutes. This is done through
                      a permit-by-rule. A permit-by-rule eliminates the need for
                      facilities to submit a full Subtitle C permit application
                      when they are permitted under the:

                      -  Safe Drinking Water Act (Underground Injection
                         Control permit)

                      -  Clean Water Act  (National  Pollutant Discharge
                         Elimination System permit)

                      -  Marine Protection,  Research,  and Sanctuaries Act
                         (Ocean Dumping permit).

                      Facilities seeking a RCRA permit that already have one of
                      the three permits listed above need only meet a subset of
                      the Subtitle C regulatory requirements. For example, an
                      owner or operator of a barge or vessel that has an ocean
                      dumping  permit, and  complies  with  the appropriate
                      conditions under Subtitle C (e.g., obtaining an EPA ID
                      number, using the manifest system, and biennial reporting)
                      will be considered to have a permit under RCRA.

                  •   Trial Burn and Land Treatment Demonstration Permits -
                      EPA issues permits to construct and operate new hazardous
                      waste management facilities. Such facilities cannot be
                      constructed until a permit is issued. There is, however, an
                      exception to this rule.  Land treatment facilities and
                      incinerators must go through a trial period during which
                      theirability to perform properly under operating conditions
                      is tested. This period is called a trial burn for incinerators
                      and  a land treatment demonstration for land treatment
                      facilities.  Owners or operators of these two types of
                      facilities are required to obtain temporary permits that are
                      enforced while the facility  is being tested.  Once the
                      facility adequately completes its test, the Agency can
                      make decisions regarding the final permit.  This sets the
                      final operating conditions based on the data generated
                      from these demonstrations.

                  All hazardous waste TSDFs required to get a RCRA permit go
                  through the same basic permitting process. The exceptions
                  are facilities that are issued a permit-by-rule or an emergency
                  permit.  The permit process consists of the following steps:

                  •   Submitting a permit application
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                                             Reviewing the permit application

                                             Preparing the draft permit

                                             Taking public comment

                                             Finalizing the permit
                          Submitting a
                    Permit Application
                   An additional step of appealing the permit decision may occur
                   with some permits.

                   There are a number of Federal laws that may affect the permit
                   process, including the:

                   •   Wild and Scenic Rivers Act

                   •   National Historic Preservation Act of 1966

                   «   Endangered Species Act

                   •   Coastal Zone Management Act

                   •   Fish and Wildlife Coordination Act.

                   When any of these laws is applicable, its procedures must be
                   followed. For example, the Coastal Zone Management Act
                   prohibits EPA from issuing a permit for an activity affecting
                   land or water use in the coastal zone unless the proposed
                   activity complies with the State's Coastal Zone Management
                   Program, and i s agreed to by the S tate. To get more information
                   on these laws and  their  potential impacts on Subtitle C's
                   permitting process,  see 40 CFR 270.3.

                   Owners or operators of facilities that fall under the permitting
                   regulations are required to submit a comprehensive permit
                   application covering all aspects of the design, Operation, and
                   maintenance of the facility.  This gives EPA and the State
                   valuable information todetermine if the facility is in compliance
                   with Subtitle C regulations and to develop a facility-specific
                   permit.

                   The permit application is divided into two parts: AandB. Part
                   A of the application is a short, standard form that collects
                   general information about a facility (e.g., name of the applicant
                   and a description of the activities conducted at the facility).
                   Part B of the permit application is much more extensive than
                   Part A. It requires the owner or operator to supply detailed and


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CHAPTER 5
PERMITTING
* Existing Facilities
Part A -f
Part B
• New Facilities
Part A & B

_ Permit
~ Application
_ Permit
~~ Application
                                          highly  technical information (e.g., chemical and physical
                                          analyses of the hazardous waste to be handled at the facility).
                                          Since there is no standard form for Part B, the owner or
                                          operator must rely on the regulations (40 CFR Parts 264 and
                                          270) to determine what to include in this part of the application.
                                          In addition to the general Part B information that must be
                                          submitted  by all owners or operators of TSDFs, there are
                                          unique  information requirements that are tied to die type of
                                          facility seeking a permit. Depending on the situation, Parts A
                                          and B may be submitted at different times. Existing facilities
                                          (i.e., those that received hazardous waste on or after November
                                          19,1980), submitted their Part A when applying for interim
                                          status.  Their Part B can then either be voluntarily submitted
                                          or "called in" by EPA.

                                          HS WA imposed a statutory timetable for Part B submittals for
                                          interim status facilities, summarized below. Those facilities
                                          that fail to meet the submittal deadline lose their interim status
                                          and must close if they do not receive permits by the deadline.
                                          However, these  deadlines do not apply to new facilities or
                                          facilities that gained interim status after November 8,1984.
                                          Type of
                                          Facility

                                          Land
                                          disposal

                                          Incinerator

                                          All others
                                   Loses/Lost
                                   Interim Status on
                                   Nov. 8, 1985

                                   Nov. 8, 1989

                                   Nov. 8,1992
Unless Part
B Submitted bv
Nov. 8,1985

Nov. 8, 1986

Nov. 8,1988
                                         Under HSWA another group of facilities can submit Parts A
                                         and B separately. Specifically, any TSDF that comes under
                                         the jurisdiction of Subtitle C due to statutory or regulatory
                                         changes must submit its Part A six months after the date of
                                         publication of the regulations in the Federal Register, or 30
                                         days after the date they first become subject to the promulgated
                                         standards. The Part B for such facilities can either be voluntarily
                                         submitted or called in by EPA. A special timetable applies to
                                         land disposal facilities that come  under the jurisdiction of
                                         Subtitle C in this manner: they must submit a Part B within 12
                                         months of becoming subject to Subtitle C requirements or lose
                                         interim status.  Incinerators and all other facilities will retain
                                         interim status until a final permit determination is made if they
                                         submit their Part B applications by the indicated deadlines.
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CHAPTER 5
       PERMITTING
                         Reviewing the
                     Permit Application
         Part B
  —OK

<
                    Info  Missing

                         V
                     Notice  of
                     Deficiency
New facilities submit Parts A and B. simultaneously. This
submission must be made at least 180 days prior to the date on
which physical construction is expected to start  RCRA
Section 3019 requires that final permit applications for surface
impoundments and landfills be accompanied by information
on the potential for public  exposure to hazardous wastes or
constituents from facility releases. Congress' rationale is that
landfills and surface impoundments may pose a greater health
risk than other types of disposal facilities. Once the information
is submitted, EPA makes it available to the Agency  for
Toxic Substances and Disease Registry (ATSDR). If EPA
believes that  the release poses a substantial risk to human
health, the Agency requests that ATSDR perform  a health
assessment. The exposure information must at least address:

•  Reasonably foreseeable potential releases from both normal
   operations and accidents at the facility, including releases
   associated with transportation to or from the facility,

•  The potential pathways of human exposure to hazardous
   wastes or constituents resulting from the releases described
   above, and

•  The potential magnitude and nature of the human exposure
   resulting from the releases described above.

Once the owner or operator of a facility has submitted an
application (both Parts A and B), EPA's first step is to
determine if all the required information has been submitted.
If the application is not complete, a notice of deficiency
(NOD) letter is sent to the owner or operator describing the
additional information that is required for a  complete
application. Once the owner or operator has submitted all of
the required information, the  application is considered
complete. Failure to provide this  information can result in
denial of the permit, enforcement action, or both.

In some cases information contained in the permit application
may be considered confidential by the owner or operator.
Permit applicants often make a claim of confidentiality to
protect trade secrets. In such cases, the owner or operator must
make the claim known at the time of submission by following
the procedures described in 40 CFR 270.12 ("confidentiality
of information"). Claims of confidentiality are reviewed (by
EPA's legal  counsel) to determine  if the information can
legitimately  be claimed  as confidential.  If a  claim is
substantiated, the information is treated as confidential and
not released.  If, on the other hand, a claim is denied, the
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                        Preparing the
                         Draft Permit
    A Draft Permit Consists of:

    •  Technical requirements

    *  Other conditions:

       -   General

       -   Facility-specific
                   information is made public. Confidential business information
                   also is discussed in Section VII of this manual.

                   Once the owner or operator is informed, by letter, that his
                   application is complete, an in-depth evaluation of the permit
                   application begins.  The purpose of the evaluation is to
                   determine if the application satisfies the technical requirements
                   of RCRA.  After the permit application is evaluated, EPA
                   makes a tentative decision either to issue or deny the permit.
                   If the tentative decision is to deny the permit, EPA must send
                   the owner or operator a notice of intent to deny.  If EPA
                   tentatively  decides to issue the permit, a draft permit is
                   prepared by EPA staff.

                   EPA must either approve or deny the applications for facilities
                   that received interim status on or before November 8,1984 in
                   accordance with the following schedule set out under HSWA:

                   •   Land disposal facilities - by November 8, 1988

                  •   Incinerators - by November 8, 1989

                  •   All other TSDFs - by November 8, 1992.

                  For new facilities that submit their applications after November
                  8, 1984, HSWA places no time limits on how long EPA can
                  take to evaluate the application.

                  The draft permit incorporates applicable technical requirements
                  and other conditions pertaining to the facility's operation.
                  These other conditions are divided into two groups  - those
                  applicable to all permits (called general conditions) and those
                  applied on a case-by-case basis.  General permit conditions
                  comprise:

                  •  A requirement to comply with all conditions listed in
                     the permit

                  •  A responsibility to notify EPA of any planned alterations
                     or additions to the facility

                  •  A  requirement to provide  EPA with  any relevant
                     information requested and to allow Agency representatives
                     to inspect the facility premises under certain conditions

                  •   A requirement to certify annually that a program is in
                     place to reduce the volume and toxicity of waste, and that
                     the proposed method of treatment, storage, and disposal
                     minimizes threats to human health and the environment

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PERMITTING
                         Taking Public
                             Comment
                             Finalizing
                             the Permit
 PERMIT
 ADMINISTRATION
                   •   A duty to submit required reports (e.g., Unmanifested
                      Waste Report, Biennial Report, and Manifest Discrepancy
                      Report).

                   The case-by-case permit conditions include:

                   •   Compliance Schedules - These schedules are used to bring
                      a  facility  into  compliance with  corrective  action
                      requirements.

                   •   Duration of Permit - The permit is valid for up to ten years;
                      land disposal permits must be reviewed every five years

                   Once the draft permit (or notice of intent to deny) is completed,
                   EPA is required to give public notice and allow 45 days for
                   written comment. In certain cases a public hearing may also
                   be held during this time.  Along with the public notice, EPA
                   must issue either a fact sheet or a statement of basis to inform
                   concerned parties about the permitting process that is taking
                   place. Fact sheets are prepared for every major facility and
                   any facility subject to widespread public interest, as determined
                   by EPA.  They include detailed information pertaining to the
                   facility, the contents of the draft permit (or notice of intent to
                   deny), and the procedures to be used in reaching the final
                   administrative decision on the permit application. In lieu of a
                   fact sheet, a statement of basis may accompany a draft permit
                   (or notice of intent to deny). A statement of basis is essentially
                   a summarized version of the fact sheet. These supporting
                   documents are sent to the applicant and, on request,  to any
                   other interested person.

                   If information submitted during the initial comment  period
                   appears to raise substantial new questions concerning the
                   permit, the Agency must re-open  or extend the comment
                   period. In this situation the Agency may also decide to revise
                   the draft permit (or notice of intent to deny).

                   After the comment period closes, a response to all significant
                   public comments is prepared and the Administrator makes the
                   final permit decision, either issuing or  denying the permit.
                   This decision may be appealed to the Administrator.  When
                   administrative appeals are exhausted, the petitioner may seek
                   judicial review of the final permit decision.

                   Once issued, RCRA permits are valid for up to ten years. Land
                   disposal  permits have an additional requirement of being
                   reviewed after  five years.   During  the term  of  a  permit
                   situations may arise which may cause the permit to be:

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                                Permit
                          Modification
                   •  Modified

                   •  Revoked and reissued, or

                   •  Terminated.

                   Permits may need modification for a number of reasons,
                   including:

                   •  Substantial alterations or additions to the facility

                   •  New information about the facility becomes available

                   •  New statutory or regulatory requirements affect existing
                      permitted activities.

                   In September  1988, EPA published regulations (under 40
                   CFR 270.41 and 270.42) that revised permit  modification
                   procedures for changes that facility owners and operators may
                   want to make. EPA categorized selected permit modifications
                   into three  classes and established administrative procedures
                   for approving modifications in each class. It is important to
                   note  that the  previous  "major/minor" modification
                   requirements will still be implemented by States that chose
                   not to adopt these provisions.

                   The permit modification regulations provide  owners  and
                   operators more flexibility to change permit conditions, expand
                  public notification and participation opportunities, and allow
                  for expedited approval if no public  concern  exists for a
                  proposed modification.

                  The classes are defined as:

                  •  Class 1: Routine changes and correction of errors

                  •  Class 2: Common or frequently occurring changes needed
                     to maintain a facility' s capability to manage wastes safely
                     or conform to new requirements

                  •  Class 3: Major changes that substantially alter the facility
                     or its operations.

                  In addition to establishing permit modification classes and
                  administrative procedures, this regulation also gives EPA the
                  authority to grant temporary authorization for facilities to
                  respond promptly to changing conditions.
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CHAPTER 5
PERMITTING
                       Revocation and
                     Reissuance of the
                               Permit
                               Permit
                          Termination
 THE CORRECTIVE
 ACTION PROCESS
                  EPA may revoke and reissue a permit in two circumstances:

                  •   When cause exists for terminating the permit (under the
                      circumstances described below), but EPA decides that
                      revocation and reissuance is a more appropriate step

                  •   When the permit holder plans to transfer the permit.

                  In  some instances, operators  may  not  comply with the
                  requirements stipulated in the permit, even after enforcement
                  action.   In this case it.may be necessary to terminate a
                  hazardous waste permit. EPA may terminate a permit or deny
                  its renewal for three reasons:

                  •   Noncompliance by the permittee with any condition of the
                      permit

                  •   Failure on the part of the permittee to disclose any relevant
                      information during the permitprocess or misrepresentation
                      of facts at any time

                  •   The permitted activity endangers human health and the
                      environment and can only be regulated to acceptable
                      levels by permit termination.

                  A facility whose permit is terminated must implement its
                  closure plan as required under 40 CFR Part 264 Subpart G. If
                   wastes remain on site, post-closure monitoring must also be
                   done.

                   In  HSWA, Congress expanded EPA's authorities (beyond
                   those contained in 40 CFR Part 264 Subpart F) to address
                   releases of hazardous waste through corrective action. The
                   new authorities allow EPA to address releases to ground water
                   and  all   other environmental  media at  all solid  waste
                   management units at TSDFs. Corrective action requirements
                   are imposed through a permit or an  enforcement order. The
                   TSDF owner or operator is responsible for complying with
                   these requirements. Permits issued to RCRA facilities must,
                   at  a minimum, contain schedules of compliance to address
                   releases and include provisions for financial assurance to
                   cover the cost of implementing the corrective measures. EPA
                   has estimated that corrective action at RCRA facilities could
                   encompass about 2,000 TSDFs, take until the year 2025 to
                   complete, and be as large and costly as the current Superfund
                   program.
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                   Scope of Corrective
                                Action
                   To better  understand  the scope  of the  corrective  action
                   requirements, one must understand its key terms.

                   *   Solid waste management ^inifsf (SWMUs - pronounced
                      "SMUUZ") are waste management units from  which
                      hazardous wastes or constituents may migrate, even if the
                      unit was not intended for the management of hazardous
                      waste. Additionally, any areas that become contaminated
                      as a result of routine and systematic releases of wastes are
                      SWMUs (e.g., spill areas).

                   •   Regulated units are a subset of all swiuT TS  A regulated
                      unit is any surface impoundment, waste pile, land treatment
                      unit, or landfill that received waste after July 26, 1982.

                   '   Hazardous constituents are any substances listed in 40
                      CFR  Part 261, Appendix VIII.

                  The scope of the corrective action process for regulated units
                  at permitted facilities can vary somewhat from that required at
                  other  solid  waste management units at permitted or interim
                  status facilities.  Releases to ground water from regulated
                  units  are addressed under 40  CFR Part  264, Subpart F
                  Sections  3004(u) and  (v) of RCRA (codified in 40 CFR
                  264.101)  require corrective action for releases of hazardous
                  wastes or constituents from any SWMU at a TSDF that is
                  seeking or  subject to a RCRA permit.   Section 3004  (v)
                  authorizes EPA to impose corrective action requirements for
                  releases that have migrated beyond the facility boundary.
                  Section 3008(h) authorizes EPA to require corrective action
                  or other necessary measures through an enforcement order,
                  whenever there is or has been a release of hazardous waste or
                  constituents from an interim status RCRA facility.

                  EPA can require  permitted facilities with releases  from
                  regulated  units to:

                  •   Take  corrective action only on those releases to the
                     uppermost aquifer (under 40 CFR Part 264 Subpart F), or

                  •   Clean  up any other contaminated media (under Sections
                     3004 (u) and (v)).

                  The decision is made by EPA on a case-by-case basis, taking
                  into account the nature and magnitude of the release.
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CHAPTER 5
PERMITTING
CORRECTIVE ACTION
COMPONENTS
                        RCRA Facility
                     Assessment (RFA)
                   The corrective action process has four main components.
                   Each component comprises a number of steps. The number of
                   steps required and the complexity of corrective action permit
                   conditions or other enforcement actions may vary depending
                   on the extent and severity of releases of hazardous waste at a
                  " TSDF. The decision on which steps to include is made on a
                   facility-by-facility basis. EPA also can require that facilities
                   take interim corrective measures whenever necessary to protect
                   human health and the environment.

                   Release determinations for all environmental media from
                   SWMUs (i.e., soil, ground water, subsurface gas, air,  or
                   surface water) will be made by the regulatory agency primarily
                   through the RCRA Facility Assessment (RFA) process. The
                   regulatory agency will perform the RFA for each facility
                   seeking a RCRA permit to determine if there are continuing
                   releases of concern. The major objectives of the RFA are to:

                   •  Identify  SWMUs and collect existing information on
                      contaminant releases, and

                   •  Identify  releases or suspected releases needing further
                      investigation.

                   The RFA begins with a preliminary but fairly comprehensive
                   review of pertinent existing information on the facility. If
                   necessary, the review is followed by a visual site inspection to
                   verify information obtained in the preliminary review and to
                   gather information needed to develop a sampling plan. A
                   sampling visit is subsequently performed, if necessary, to
                   obtain appropriate samples for makingrelease determinations.

                   The findings of the RFA will result in one or more of the
                   following actions:

                   •   No further action under the RCRA corrective  action
                       program is required at this time, since no evidence of a
                       release(s) or of a suspected release(s) was identified

                    •   A RCRA Facility Inspection (RFI) by the facility owner or
                       operator is required  where the information collected
                       indicates a release(s) or suspected release(s) warrants
                       further investigation

                    •   Interim corrective measures by the owner or operator are
                       required where  the  regulatory agency  believes that
                       expedited action should be taken to protect human health
                       or the environment
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                                          •  In cases where problems associated with permitted releases
                                             are found, the regulatory agency will refer such releases to
                                             the appropriate permitting authorities.

                        RCRA Facility    If the regulatory agency determines that a RFI is necessary
                    Investigation (RFI)    this investigation will be required of the owner or operator
                                          either under a permit schedule of compliance or under an
                                          enforcement order.  The regulatory agency will apply the
                                          appropriate  regulatory  authority  and  develop   specific
                                          conditions in permits or enforcement orders. These conditions
                                          will generally be based on results of the RFA and will identify
                                          specific units or releases needing further investigation. Such
                                          permits or orders may be accompanied by a supporting fact
                                          sheet. The RFI can range widely from a small specific activity
                                          to a complex multimedia study. In any case, through these
                                          conditions, the regulatory agency will direct the owner or
                                          operator to investigate releases of concern. The investigation
                                          may initially involve verification of a suspected release.  If
                                          confirmed, further characterization of such releases will be
                                          necessary.

                                          The RFI step also includes interpretation by the regulatory
                                          agency of release characterization data against established
                                          health and environmental criteria to determine whether a
                                          Corrective Measures  Study  (CMS) is  necessary.   This
                                          evaluation is  crucial to the corrective action process. The
                                         regulatory agency will ensure  that data and information
                                         collected during the RFI adequately describe the release, and
                                         can be used to make decisions regarding the need for a CMS
                                         with a high degree of confidence.

                                         Identifying and implementing interim corrective measures
                                         may also be conducted during the RFI. If, in the process of
                                         conducting the investigation, a threat or exposure to hazardous
                                         constituents is identified, interim corrective measures may be
                                         required.   Both the owner or operator and  the regulatory
                                         agency have acontinuing responsibility to identify andrespond
                                         to emergency situations and to define priority situations that
                                         warrant interim corrective measures.

                 Corrective Measures    If the  potential need for corrective measures is identified
                        study (CMS>)    durmgtheRFIprocess,theowneroroperatoristhenresponsible
                                         for performing a Corrective Measures Study (CMS). During
                                         this step of the corrective action process, the owner or operator
                                         will identify and recommend as appropriate, specific measures
                                         that will correct the release.
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CHAPTER 5
PERMITTING
                   Corrective Measures
                 Implementation (CMI)
 THE ENVIRONMENTAL
 PRIORITIES
 INITIATIVE
                   Information generated during the RFI will be used not only to
                   determine the potential need for corrective measures, but also
                   to aid in the selection and implementation of these measures.
                   While conducting the RFI, the owner or operator is encouraged
                   to collect data (e.g., engineering data such as soil compaction
                   properties or aquifer pumping tests), which may be needed to
                   select and implement corrective measures.

                   Corrective  measures implementation includes  designing,
                   constructing operating, maintaining, and monitoring selected
                   corrective measures. If the remedy is notproperly implemented,
                   EPA will direct the facility to take additional action on a site-
                   specific basis.

                   HS WA requires that facilities demonstrate financial assurance
                   for corrective action prior to implementation. This ensures
                   that facilities have the necessary funds available to carry out
                   cleanup of the site. EPA has proposed regulations to require
                   financial assurance for corrective action. Under the proposed
                   rule, acceptable financial mechanisms include trust funds,
                   surety  bonds, letters of credit, financial tests, and corporate
                   guarantees.  Until finalized, the proposed rule is used as
                   guidance to implement the statutory requirement for financial
                   assurance for corrective action.

                   In overseeing the cleanup of hazardous waste sites, EPA is
                   faced with balancing a number of high priority activities. For
                   example, while over 2,000 RCRA facilities are likely to
                   require corrective action, a similar number of sites must be
                   addressed under the Superfund program. To ensure that those
                   sites posing the  greatest threat are  addressed first, EPA
                   developed the Environmental Priorities Initiative (EPI).

                   The EPI is an integrated RCRA/S uperfund screening approach
                   used to  ensure that  the most environmentally significant
                   facilities and sites are given priority for cleanup.  Under the
                   EPI, all RCRA facilities and Superfund sites receive a ranking
                   of theirenvironmental priority. The ranking, already completed
                   for the majority of sites, is based on the threat each site poses
                   to human health and the environment. The highest priority
                   facilities will receive a  site  inspection.  The inspection,
                   combined with the earlier ranking, will provide a basis for
                   refining priorities. The corrective action cleanup process will
                   be used  in  lieu of the Superfund remedial process for active
                   RCRA facilities identified as high priority; this will conserve
                    Superfund resources and ensure that owner or operators pay
                    for the site remediation.
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SUMMARY
                   Permits detail the administrative and technical performance
                   standards that TSDFs must adhere to, and thus are the key to
                   implementing Subtitle C regulations. Owners and operators
                   of existing or new facilities must (with  a few exceptions)
                   obtain an operating permit. Each TSDF permit must include
                   provisions for corrective action to address releases from solid
                   waste management units if a release has been detected. Special
                   permit requirements pertain to permit-by-rule facilities, and
                   facilities demonstrating the efficacy of their  treatment
                   technology (trial burns and land treatment demonstrations).

                   The permitting process has five steps:

                   •   Submitting a permit application

                   •   Reviewing the permit application

                  •  Preparing the draft permit

                  •  Taking public comment

                  •  Finalizing the permit

                  The final decision on the permit also may be reviewed by the
                  Administrator and appealed to the local U.S. District Court.

                  Permit administration procedures include permit modification,
                  revocation, reissuance or termination.

                  HSWA has greatly expanded cleanup requirements at RCRA
                  facilities. Through a process called corrective action, facilities
                  must remedy releases  threatening  human health and the
                  environment. Corrective action has four main parts:

                  •   RCRA Facility Assessment
                                 *
                  •   RCRA Facility Investigation

                  •   Corrective Measures Study

                  •   Corrective Measures Implementation.

                 Although  usually  done through the  permitting  process,
                 corrective action  may  also  be completed  through  an
                 enforcement order.
                                           IH-86

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                    CHAPTER 6


                   ENFORCEMENT

OVERVIEW

COMPLIANCE MONITORING

-  Inspections
-  Types of Inspections
-  Conducting the Inspection

ENFORCEMENT ACTIONS

-  Administrative Actions
-  Informal Actions
-  Administrative Orders
   Civil Actions
   Criminal Actions

ENFORCEMENT AT FEDERAL FACILITIES

AGENCY FUNCTIONS

SUMMARY

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CHAPTER 6      ENFORCEMENT
OVERVIEW
          ENFORCEMENT
 COMPLIANCE
 MONITORING
                            Inspections
The effective implementation of RCRA' s regulatory programs
rests on whether or not the people and companies regulated
under the Act comply with its various requirements. The goals
of the RCRA enforcement program are to ensure that the
regulatory and statutory provisions of RCRA are met, and to
compel  necessary corrective action. This requires close
monitoring of hazardous waste handler (generator, transporter
and TSDF) activities and expeditious legal action where non-
compliance is detected. Facility inspections by Federal/State
officials are the  primary tool for monitoring compliance.
When non-compliance is detected, legal action may follow.
This may include the use of administrative orders, civil
lawsuits, or criminal lawsuits depending on the nature and
severity of the problem.   The  combination of effective
monitoring and expeditious legal action is intended to reduce
the number of handlers not operating in compliance with
RCRA's requirements and to deter potential violations by
imposing penalties.

This chapter describes the two essential aspects  of  the
enforcement  program:  compliance  monitoring  and
enforcement  actions.  All of the  enforcement provisions
detailed in this chapter are statutory, not regulatory. However,
it is important to note that State requirements may be more
stringent than those mandated by the Federal government,
and State enforcement authorities and procedures may differ
from those of EPA.

The first  phase of the enforcement program is monitoring
facilities to verify that they comply with RCRA's regulatory
requirements. This monitoring serves several purposes. It
 allows EPA and authorized States to find out which facilities
 are not in compliance. It also allows EPA and the States to
 assess the effectiveness of specific legal actions, such as
 administrative orders, that may  have been taken against a
 handler.  Also, 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 non-compliers  susceptible to
 enforcement actions.

 The primary method  of collecting compliance monitoring
 data is through an inspection. The inspection may include a
 formal visit  to the handler, a review of records, taking of
 samples, or observation of operations. In addition to supplying
 information  for enforcement proceedings, inspections are

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                       Inspections

                       A Means of Reviewing.
                       Observing and Gathering
                       Information
                             Types of
                          Inspections
                   used to gather data to assist EPA in the development of RCRA
                   regulations, and to help EPA track program progress and
                   accomplishments.

                   State or EPA officials conduct the inspections. In instances
                   where criminal  activity  is  suspected,  EPA's  National
                   Enforcement Investigations  Center (NEIC)  may  become
                   involved. Similarly, the Department of Transportation (DOT)
                   may participate where waste transporters are involved. All of
                   these agencies are authorized by  RCRA to use outside
                   contractors for the actual inspection if they desire.

                   The Act provides the authority for conducting inspections
                   under Section 3007. This section allows EPA, an authorized
                   State, or a representative  of either of these to  enter any
                   premises where hazardous waste is handled to examine records
                   and take samples of the wastes.

                  HS WA requires that all Federal or State operated facilities be
                  inspected annually. Furthermore, all TSDFs must be inspected
                  at least once every two years. Facilities also may 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.

                  A number of different types of inspections are conducted
                  under the authority of the RCRA program.  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 different inspection types
                  are explained below.

                  *  Compliance  Evaluation Inspection  CCF.T) - These are
                     routine  inspections of  hazardous  waste  generators,
                     transporters, and TSDFs to evaluate compliance with the
                     requirements of RCRA. CEIs 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 the
                     requirements of RCRA.
                                           Case Development Inspection CCDD -
                                           when significant RCRA violations are known, suspected,
                                           or revealed. A case development inspection is performed
                                           to gather data in support of a specific enforcement action.
                                           Most of the activities conducted during a GDI are specific
                                           to the type  of information required to  document the
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                             Conducting
                          the Inspection
                      violation (e.g., incinerator investigations, closure/post-
                      .closure investigations).

                   .  Comprehensive Ground-Water Monitoring Evaluations
                      (CME) - The CME is conducted to ensure that ground-
                      water  monitoring  systems are  designed and function
                      properly at RCRA land disposal facilities. In addition to
                      the CEI activities, CMEs include sampling and analysis of
                      the  facility's  ground-water monitoring system and
                      hydrogeological conditions.

                   •  Compliance  Sampling Inspection (CSD - These are
                      inspections in which samples are collected for laboratory
                       analysis.  A sampling inspection may be conducted with
                       a CEI, or any inspection except a GDI.

                    •   Operations and Maintenance Inspection (O&M) - Many
                       land disposal facilities close with waste in  place. The
                       purpose of O&M inspections is to ensure that ground-
                       water monitoring and other systems continue to function
                       properly after a land disposal facility has closed.  O&M
                       inspections are usually conducted at facilities that have
                       already received a thorough evaluation of  the ground-
                       water monitoring system under a CME inspection.

                    «   T .a hnratorv Audits - These are inspections of laboratories
                       performing ground-water monitoring analyses. Audits
                       ensure that these laboratories are using proper sample
                       handling and analysis protocols.

                    Several steps are generally followed in RCRA inspections to
                    ensure consistency  and thoroughness; these  steps  are
                    summarized below. For more detail on the inspection process,
                    the  reader should refer to  the RCRA  Inspection Manual
                    (OSWER Directive 9938.2A).

                    The inspector prepares for the inspection by:

                    •   Reviewing handler records

                    •   Preparing an inspection plan

                    •   Developing a checklist, and

                    •   Packing appropriate safety equipment.

                    The second step is the actual entry onto the handler's property.
                    The inspector identifies himself or herself and  describes the
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ENFORCEMENT
ACTIONS
                  nature of the inspection.  In some circumstances, a warrant
                  may be needed to gain entry to the facility.

                  After the inspector has entered the property, he or she generally
                  holds an opening conference with the owner or 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.  The
                  actual inspection involves:

                  •   Checking hazardous waste generation, storage, treatment
                     or disposal areas

                  •   Assuring that hazardous waste is stored properly (e.g., no
                     spills, leaks or improper disposal), and

                  •   Reviewing records.

                  Finally, the inspector holds a closing conference with the
                  owner or operator to allow him or her to respond to questions
                  about the inspection and provide additional information. The
                  inspector usually summarizes his or her findings and explains
                  any further action required by the handler.

                  After the visit is completed, the inspector prepares a report.
                  The report summarizes the records reviewed, any sampling
                  results, and the handler's compliance status  with respect to
                  RCRA. Summary conclusions regarding inspections  are
                  currently tracked in some detail in the Hazardous Waste Data
                  Management System (HWDMS) maintained by EPA.

                 The most important result of any inspection is the determination
                 of whether the handler is in compliance with the regulations.
                 If the handler is not complying with all of the appropriate State
                 or Federal requirements, enforcement action may be taken, as
                 discussed below.

                 The  inspector  may also  determine  compliance through
                 examination of the reports that handlers are required to submit.
                 Reports may contain information  about the wastes being
                 handled, the method of handling, and the ultimate disposition
                 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).

                 The second  phase  of the  compliance monitoring and
                 enforcement program involves taking enforcement actions to
                 bring handlers into compliance with applicable  Subtitle C
                 regulations.  The goal of enforcement actions is to compel:
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                        Administrative
                                Actions
                              Informal
                                Actions
         Enforcement Options
         Available  Under RCRA:

             Administrative actions

             Civil actions

         •   Criminal actions.
                   •   Proper handling of hazardous waste

                   •   Compliance with RCRA's recordkeeping and reporting
                      requirements

                   •   Monitoring and corrective action in response to releases of
                      hazardous and  nonhazardous  waste,  and  hazardous
                      constituents.

                   EPA (or an authorized State) has a broadrange 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. Violations of RCRA requirements
                   are grouped  into classes. These violations and appropriate
                   enforcement responses are discussed in  the Enforcement
                   Response Policy. (OSWER Directive Number 9900.0-1 A).

                   An administrative action is non-judicial enforcement action
                   taken by EPA or a State underitsown authority. Administrative
                   enforcement actions can take several forms ranging  from
                   informal  notices  of non-compliance  to  issuance of  an
                   administrative order accompanied by a formal public hearing.
                   These actions tend to be less complicated than a lawsuit and
                   can often be quite effective in forcing a handler to comply with
                   regulations or to remedy a potential threat to health or the
                   environment. Two types of administrative actions, informal
                   actions and administrative orders, provide for enforcement
                   response outside the court system.

                   An informal administrative action is any communication from
                   an agency that notifies the handler of a problem. It can take
                   many forms, e.g., a letter or a phone call. An informal letter
                   to the handler may be called a "notice of violation" (NOV) or
                   "notice of deficiency" (NOD). For this type of action, EPA or
                   the State notifies a handler that he or she is not in compliance
                   with some provision of the regulations. This type of action is
                   particularly appropriate where the violation is minor, such as
                   a record maintenance requirement. If the owner or operator
                   does not take steps to comply within a certain time period, a
                   warning letter will be sent, setting out specific actions to be
                   taken to move the handler into compliance. The warning letter
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                       Administrative
                               Orders
                  also sets out the enforcement actions that will follow if the
                  handler fails to take the required steps. A notice of deficiency
                  is commonly issued during the permitting process to identify
                  missing or deficient items in, the facility's application for a
                  RCRA permit.

                  When a more severe violation is detected, or the owner or
                  operator does not respond to an informal action, the agency
                  can issue an administrative order. An administrative order,
                  issued  directly under the authority  of RCRA,  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 of harm to human health and the environment.  An
                  administrative order can be issued unilaterally by EPA or an
                  authorized State or it can be issued as a consent order, which
                  documents an agreement between the issuer and the violator.
                  Four types of orders can be issued under RCRA:

                  •   Compliance Orders - Section 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 timetable to be
                     followed in moving toward compliance.  The order can
                     contain a penalty of up to $25,000 per day for each day of
                     non-compliance 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 - Station -WfWM a11m.,c PP/y to
                     issue of an order requiring corrective action at an interim
                     status facility when there is evidence of a release of
                     hazardous waste or constituent into the  environment.
                    These orders can be issued  to require corrective action
                    activities ranging from investigations to repairing liners or
                    pumping to treat a plume of contamination.  Corrective
                    action can  be required regardless of when waste  was
                    placed at the  facility.  Thus, past problems  at RCRA
                    facilities may  be cleaned up using this mechanism.  In
                    addition to requiring corrective action, these orders can
                    suspend interim status and  impose penalties of up to
                    $25,000 for each day of non-compliance with the order.

                 '   Section 3013 Orders - If EPA finds that  a substantial
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                           Civil Actions
        Civil  Actions Filed  Under
        RCRA:

        •   Compliance action

        •   Corrective action

            Monitoring and analysis

        •   Imminent hazard.
                      hazard to human health and the environment exists, an
                      administrative order can be issued under Section 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 of the
                      facility or to a past owner or operator if the facility is not
                      currently in operation, or if the present owner could not be
                      expected to have actual knowledge of the potential release.

                   •  Section 7003 Orders - In any situation where an "imminent
                      and substantial endangerment to health or the environment"
                      is caused by the handling of nonhazardous 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 a Section 7003 order can result in penalties of
                      up to $5,000 per day.

                   In addition to formal and informal actions, EPA can initiate
                   civil actions. A civil action is defined as a formal lawsuit, filed
                   in court, against a person who has either failed to comply with
                   some statutory or regulatory requirement or administrative
                   order or has contributed to a release of hazardous waste or
                   constituents. Civil actions are generally employed in situations
                   that present repeated or significant violations or where there
                   are serious environmental concerns.  Attorneys from the
                   Department of Justice (DOT) handle RCRA civil cases for
                   EPA, while the S tate Attorneys General assume this role in the
                    States.

                    Civil actions are useful in several situations, such as when the
                    person being sued has not complied with a previously issued
                    administrative order. In this case, the courts may impose
                    penalties to force the handler to comply. Where 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 to stop conduct that is too dangerous to
                    risk non-compliance with an  administrative order, and they
                    also may set a stronger example to other facility operators to
                    deter their non-compliance.

                    RCRA provides authority for filing four different types of
                    civil actions.

                    •  Compliance Action - Under Section 3008(a), the Federal
                       Government can file suit to force a person to comply with
                       any applicable RCRA regulations. In Federal actions the
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                    Criminal Actions
                      court can also impose a penalty of up to $25,000 per day
                      per violation for non-compliance.

                   •   Corrective Action - In a situation where there has been a
                      release of hazardous waste from a facility,  the Federal
                      Government can sue to have the court order the facility to
                      correct the  problem and take any necessary  response
                      measures under Section 3008(h).  The court can also
                      suspend or revoke a facility's interim status as a part of its
                      order.

                  *   Monitoring and Analysis-TfF.P A HasiggnpH amnnitr^ng
                      and analysis order under Section 3013 of RCRA and the
                      person to whom the order was issued fails to comply, the
                      Federal Government can sue to get a court to require
                      compliance with the order. In this type of case, the court
                      can assess a penalty of up to $5,000 for each day of non-
                      compliance with the order.

                  •   Imminent Ha/ard - As with a Section 7003 administrative
                      order, when any person contributed or is contributing to an
                      imminent hazard 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 had first issued an administrative order, the  court
                     can also impose a penalty of up to $5,000 for each day of
                     non-compliance with the order.

                  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 non-compliance. In this circumstance,
                  a lawsuit can be filed that seeks penalties for violating the
                  original requirement, penalties for violating the order, and a
                 judge's orderrequiring future compliance with the requirement
                  and  the administrative order.

                 A criminal action initiated by the Federal Government or a
                 State can result in the imposition of fines or imprisonment.
                 Seven acts identified in Section 3008 of RCRA are subject to
                 criminal action and carry criminal penalties. The penalties
                 range from a fine of $50,000 per day or a prison sentence of
                 up to five years, to a total fine of $ 1,000,000. Criminal actions
                 are usually reserved for only the most serious violations.

                 Six of the seven criminal acts carry a penalty of up to $50,000
                 per day or from two to five years in jail.  Stated briefly, these
                 acts are knowingly:

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 ENFORCEMENT
 AT FEDERAL
 FACILITIES
                   •   Transporting waste to a non-permitted facility

                   •   Treating, storing, or disposing of waste without a permit
                      or in violation of amaterial condition of a permit or interim
                      status standard

                   •   Omitting important information from, or making a false
                      statement in a label, manifest, report, permit, or compliance
                      document

                   ••   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 $1,000,000 fine for a corporation.

                   In most instances, Federal facilities are required to comply
                   with environmental statutes to the same extent as non-Federal
                   facilities. However, enforcing compliance under RCRA is
                   different at Federal facilities.  EPA may only issue Section
                   3008(h) corrective action orders at Federal facilities; no other
                   orders may  be used. States, however, may utilize the full
                   range of their enforcement authorities at Federal facilities.

                   When a Federal facility is out of compliance with the RCRA
                   regulations, EPA issues a notice of non-compliance, outlining
                   violations at the facility and continuing a compliance schedule,
                   and a timetable for regaining compliance with RCRA. After
                   the notice of non-compliance has been issued, EPA and the
                   Federal facility will negotiate an agreement outlining the steps
                   to bring the facility back into compliance.

                   In cases where corrective action  is required at a Federal
                   facility, EPA may issue either a Section 3008(h) corrective
                   action order or a permit schedule of compliance to achieve
                   compliance with the corrective action requirements. As with
                   non-Federal facilities, the choice of using an order or a permit
                   to secure corrective action at facilities seeking permits is made
                   ;on a case-by-case basis.

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 CHAPTER 6
ENFORCEMENT
 AGENCY
 FUNCTIONS
SUMMARY
                  Waste management activities at Federal facilities will often be
                  managed by a private contractor.  In this case, EPA has full
                  authority to take enforcement activities against the contractor
                  for violations of RCRA.

                  Responsibility for the various actions that make up the RCRA
                  enforcement program is divided among different Headquarters
                  offices, the EPA Regions, and State agencies. Headquarters
                  is  responsible  for setting nationwide  policy, monitoring
                  Regional and State activities, and providing technical support.
                  The Regions take the primary 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 S tates take primary responsibility for enforcement.
                  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.

                  There are two essential elements to RCRA's enforcement
                  program - compliance monitoring and enforcement actions.
                  Compliance monitoring is used to determine a handler's level
                  of compliance  with RCRA's regulatory requirements.  The
                  two primary methods of collecting compliance monitoring
                  data are:

                  •   Inspections by State  or EPA officials

                  •   Examinations of the reports' that each handler is required
                     to submit.

                 Inspections must be conducted:

                 •  Annually at all Federal- or State-operated facilities

                 •  At least once every two years at each TSDF.

                 The six  types of inspections conducted under the RCRA
                 program are:

                 •  Compliance Evaluation Inspection (CEI)

                 •  Case Development Inspection (GDI)

                 •  Comprehensive Ground-Water Monitoring Evaluation
                    (CME)
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                                         •  • Compliance Sampling Inspection (CSI)

                                         •  Operations and Maintenance Inspection (O & M)

                                         •  Laboratory Audit.

                                         Either EPA or an authorized State may lead the inspection.

                                         A primary goal of enforcement actions is to bring facilities
                                         into compliance and keep them there.  Enforcement actions
                                         may be taken when a facility is found to be:

                                         •  Out of compliance with applicable Subtitle C regulations

                                         •  Releasing nonhazardous or hazardous solid waste, or
                                            hazardous constituents.

                                         Enforcement of RCRA is different at Federal facilities. EPA
                                         negotiates compliance agreements with Federal  facilities.
                                         Authorized States, however, may issue administrative orders
                                         or take other enforcement actions at Federal Facilities.

                                         The enforcement options available under RCRA are:

                                         •  Administrative actions

                                                Informal actions

                                            -   Administrative Orders under Section 3008(a),
                                                Section 3008(h), Section 3013, and Section 7003

                                         •   Civil actions

                                                Compliance action

                                             - •  Corrective action

                                                Monitoring and analysis

                                                Imminent hazard

                                          •   Criminal actions.

                                         The responsibility for the various enforcement actions is
                                          divided among different Headquarters offices, EPA Regions,
                                          and authorized State agencies.
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                    CHAPTER 7
               STATE AUTHORIZATION
OVERVIEW

DEVELOPING A STATE HAZARDOUS WASTE PROGRAM

-   Program Description
-   Attorney General's Statement
   Memorandum of Agreement

REVIEW OF THE PROPOSED STATE PROGRAM

REVISED APPROVED STATE PROGRAMS

-   Withdrawing Approval of State Programs
-   Transferring Program Responsibility Back to EPA

GRANTS AND OVERSIGHT

-   Priority Setting
   State Grants
   State Oversight

INFORMATION MANAGEMENT

-   HWDMS
-   STARS
   Biennial Report

SUMMARY

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 CHAPTER 7      STATE AUTHORIZATION
OVERVIEW
DEVELOPING A STATE
HAZARDOUS WASTE
PROGRAM
               STATE
 Congress intended that States  assume responsibility for
 implementing  RCRA, with oversight from  the Federal
 government. The rationale was that States are more familiar
 with the regulated community and are in a better position to
 administer the programs and respond to specific State and
 local needs most effectively.

 The process that States  must go through to obtain the
 responsibility for the Subtitle C program involves developing
 a State hazardous waste program and having it approved by
 EPA. This "authorization" process is described below.

 Under RCRA, as enacted in 1976, States had two options for
 assuming the responsibility  to administer the Subtitle C
 program: interim or final 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  are fully
 equivalent to the Federal program so that they will qualify for
 final authorization. A State may receive interim authorization
 if it is "substantially" equivalent to the Federal program.
 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 1,1993.

 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. 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.

Any State that  seeks final authorization for its hazardous
waste program  must submit (in accordance with 40 CFR
271.5) an application to the Administrator containing the
following elements:

•  A letter from the Governor requesting program approval

•  Copies of all applicable State statutes and regulations,
   including those governing State administrative procedures
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                              Program
                           Description
                   «   Documentation of public participation activities (e.g.,
                      notice and opportunity for comment on the State program
                      prior to submittal of the application to EPA)

                   •   A description of the State hazardous  waste program

                   «   An Attorney General's statement

                   •   A Memorandum of Agreement.

                   The first three elements listed above are self-explanatory;
                   only the last three are described below.

                   As the name implies, the program description describes how
                   the State intends to administer the hazardous waste program
                   in place of the Federal program. It includes in narrative form
                   the following descriptions:

                   •   Scope, structure, coverage, and processes of the State
                      program

                   •   State agency or  agencies responsible for running  the
                      program

                   •   State-level staff who will carry out the program

                   •   S tate' s compliance tracking and enforcement program

                   •   State's manifest system

                   •   Applicable  State  procedures,  including permitting
                      procedures and any State administrative or judicial review
                      procedures

                   •   Any forms used  to administer the program under State
                      law.

                   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)
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                                         •  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
                                         and/or broader in scope 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
                                         Subtitle C.  For a more detailed discussion of the program
                                         description requirements, see 40 CFR 271.6.

                    Attorney General's   The Attorney General's statement identifies the legal authorities
                            Statement   — statutes, regulations, and where appropriate and necessary,
                                         case  law — upon which the  State  is relying to demonstrate
                                         equivalence with the Federal program.  The statement is also
                                         used to explain the State's authorities particularly if, on their
                                         face, they are different from  the Federal requirements. The
                                         statement must  be  signed by the Attorney General  or an
                                         authorized designate.  State statutes and regulations cited in
                                         the Attorney General' s statement must be fully effective at the
                                         time the program is authorized. For further information on the
                                         Attorney General's statement, see 40 CFR 271.7.
                        Memorandum
                         of Agreement
                  Although a State with an authorized program assumes primary
                  responsibility for administering Subtitle C, EPA still retains
                  enforcement authority and oversight responsibilities. The
                  Memorandum of Agreement (MOA) between the State Director
                  and the Regional Administrator outlines the nature of these
                  responsibilities and oversight powers,  and the level  of
                  coordination between the State and the EPA in implementing
                  the program.  No two MOAs are exactly alike  since they
                  contain  State-specific agreements.   However,   several
                  provisions are required by rule and are common to all MOAs.
                  These include provisions for:

                  •   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

                  •   Conducting EPA overview of program administration and
                     enforcement

                  •   Joint processing of permits for those facilities that require
                     a permit from both the State and EPA
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CHAPTER?
STATE AUTHORIZATION
RE VIEW OF THE
PROPOSED
STATE PROGRAM
 For a State Program to Receive
 EPA Appproval it Must
 Satisfy  the Following Conditions:

 •    Equivalency/Stringency
      Consistency
      Enforceability
      Notice and hearing in the
      permit process.
REVISING
APPROVED
STATE PROGRAMS
                  •   Specifying the types of permit applications that will be
                      sent to the Regional Administrator for review and comment

                  •   Transferring permitting responsibilities upon authorization.

                  For a complete listing of what must be included in the MOA,
                  see 40 CFR 271.8.

                  Before submitting an application to EPA for approval, a State
                  must inform the public of its intent to seek program approval
                  by issuing a public  notice.  The notice must be widely
                  distributed, with ample opportunity for the public to review
                  the application's contents. A public hearing may be held if
                  sufficient interest is expressed.

                  Once the State has submitted a complete application to EPA,
                  the Regional Administrator determines whether or not the
                  State's  program should be authorized.  In making  this
                  determination, the Regional Administrator  adheres to the
                  following schedule:

                  •   Tentative Determination - Within 90 days from the receipt
                      of the complete application the Regional Administrator
                      must tentatively  approve or  disapprove the State's
                      application. The tentative determination is published in
                      the Federal Register.

                  •   Public Input - The public is given 30 days to comment on
                      the State's application and the Regional Administrator's
                      tentative determination. If sufficient interest is expressed,
                      a public hearing is held within this time period.

                  •   Final Determination - Within 90 days of the notice of the
                      tentative determination  in  the  Federal  Register,  the
                      Regional Administrator decides whether or not to approve
                      the State's program, taking into account any comments
                      submitted. This final determination is then published in
                      the Federal Register.

                  As Federal and State statutory or regulatory authority is
                  modified or supplemented, so too must the State program be
                  revised. If the State initiates a statutory or regulatory change
                  that affects its approved hazardous waste program, it submits
                  a copy of the amended statute or rule, a modified program
                  description, revised MOA, Attorney General's statement, and
                  any other pertinent documents to EPA.  In  reviewing the
                  State's  proposed modifications,  EPA applies  the  same
                  standards used in reviewing  the State's initial program
                                            III-101

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CHAPTER?
STATE AUTHORIZATION
                                         application.   The revisions become effective upon EPA
                                         approval and notice in the Federal Register.

                                         States must revise their programs to incorporate changes in
                                         the Federal program within certain time frames. For Federal
                                         program changes  promulgated pursuant to RCRA, States
                                         must modify their programs by July 1 each year to reflect all
                                         changes to the Federal program occurring during the 12
                                         months preceding the previous July 1. (These annual periods
                                         are referred to as "clusters"; for example, States must modify
                                         their programs by July 1,1990 to reflect all changes from July
                                         1,  1988  to June  30, 1989.)  The  deadlines for program
                                         modifications may also be extended if a statutory change is
                                         needed (one year) or if a State's legislative or rulemaking
                                         procedures preclude it from meeting the cluster timeframes.
                                         For Federal program changes promulgated pursuant to HS WA,
                                         these "cluster" periods  are extended.  For a more complete
                                         description of the "cluster" concept, refer to 40 CFR 271.  21.

                                         It is important to note  that rules promulgated pursuant to
                                         RCRA take effect only in non-authorized States. An authorized
                                         State must modify its program, submit an application, and
                                         obtain approval  from EPA before  a RCRA rule may  be
                                         implemented.  Conversely,  rules promulgated pursuant to
                                         HSWA are effective in  both authorized and non-authorized
                                         States.  EPA implements and enforces HSWA rules until
                                         States modify their programs, submit applications, and receive
                                         approval.

                         Withdrawing    Approved State programs are continually subject to review. If
                          Approval of    the Administrator determines that a State's authorized program
                       State Programs    no  longer  complies  with the appropriate regulatory
                                         requirements, authorization  may be withdrawn if the State
                                         fails to take corrective action. Such circumstances include a
                                         failure to:

                                         •   Issue permits that conform to the regulatory requirements

                                         •   Inspect and monitor activities subject to regulation

                                         •   Take appropriate enforcement action.

                                         •   Comply with the terms of the MOA.

                                         If  program approval  is withdrawn, responsibility for
                                         administering Subtitle C reverts to the Federal government.
                                         For a detailed explanation of the withdrawal process, refer to
                                         40 CFR 271. 23.
                                          m-102

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CHAPTER?
STATE AUTHORIZATION
                Transferring Program
                        Responsibility
                         Back to EPA
GRANTSAND
OVERSIGHT
                       Priority Setting
                          State Grants
                  In some cases (e.g., for financial reasons) States with approved
                  programs may voluntarily transfer the program back to EPA.
                  To do this, the State must give the Administrator 180 days
                  notice and submit a plan for the orderly transfer of all relevant
                  program information necessary for EPA to administer the
                  program, e.g., permits, permit files.

                  States are the primary implementers of RCRA and may
                  receive Federal financial  assistance under RCRA Section
                  3011  to  develop  and implement  their hazardous  waste
                  programs. Grant awards are made annually to States.  States
                  and Regions negotiate the specific work to be accomplished
                  with these grant funds.  EPA  conducts oversight of State
                  programs to ensure that the program as implemented adequately
                  protects human health and the environment. Priority setting,
                  State grants and State oversight activities are described briefly
                  in the following discussion.

                  EPA outlines its goals and priority program activities in the
                  annual Agency Operating Guidance. This document identi-
                  fies the national direction and priorities for implementing
                  each EPA program,  including the RCRA Subtitle C and D
                  programs. The RCRA priorities in the Operating Guidance
                  form the basis for Regional and State workload negotiations
                  for the upcoming year.

                  Although  EPA  encourages implementation in accordance
                  with national priorities, the Agency created the "RIP (RCRA
                  Implementation Plan) flexibility" concept to  acknowledge
                  that Regions  and  States may  have unique environmental
                  problems. "RIP flex" allows Regions and States to substitute
                  activities necessary to address environmentally significant
                  problems for national priorities.  "RIP flex" requires EPA
                  Headquarters' approval.

                  In addition to  identifying priority RCRA  activities, the
                  Operating Guidance also includes the formula used to determine
                  RCRA grant allotments. Both authorized and nonauthorized
                  States are eligible to participate in the RCRA grant program.
                  States that receive RCRA grant funds must provide a 25%
                  match.  Each EPA Regional Office receives an allotment
                  based upon factors contained in the grant allocation formula.
                  This grant formula  is based  upon, among  other things,
                  population and the hazardous waste generated in the Region.
                  States submit proposed work plans that outline planned
                  activities  in  the  upcoming year,  including permitting,
                  enforcement,  and program  management.   Regions then
                  negotiate with each State in the spring and summer; the State
                  grant award is made  each October.
                     m-103

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CHAPTER?
STATE AUTHORIZATION
                        State Oversight   pngomgoversightoftheentireStatehazardouswasteprogram
                                         is an important role of the Regional staff, with Headquarters'
                                         assistance.  The purpose of oversight is to:
                           STATE
INFORMATION
MANAGEMENT
                  •  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

                  Regions use several RCRA guidance documents to conduct
                  oversight activities, to ensure compliance with statutory and
                  regulatory requirements, and to implement  the EPA/State
                  division of responsibility. For example, the National Criteria
                  for  a Quality  Hazardous Waste  Management Program
                  (OSWER  Directive 9545.00-1) contains standards  and
                  requirements for planning and overseeing an adequate RCRA
                  program.  EPA also uses the RCRA Evaluation Guide to
                  assess State progress and identify areas where States require
                  assistance. EPA guidance stipulates that States should receive
                  an annual mid- and end-of-year review of the RCRA Subtitle
                  C program.

                  When implementing the RCRA program, EPA and the States
                  are subject to extensive  reporting requirements; various
                  reporting requirements apply to the regulated  community as
                  well. The objectives of RCRA reporting requirements are to:

                  •   Ensure that the program is adequately managed at the
                     Headquarters, Regional, and State levels, and

                  •   Provide accurate, up-to-date information to Congress and
                     the public.

                  EPA maintains RCRA program information in its national
                  data base, the Hazardous Waste Data Management System
                  (HWDMS).  States  are held accountable for performing
                  negotiated work and providing detailed information in a series
                  of reports to indicate progress. The Agency currently tracks
                  accomplishments through HWDMS reports as well as through
                  its accountability system,  the Strategic Targeted Activities
                  for Results System (STARS), formerly known as Strategic
                  Planning and Management System (SPMS).  Examples of
                  types of information tracked include permits  issued/denied
                  and inspection and violation data.
                                          IH-104

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 CHAPTER 7
STATE AUTHORIZATION
                             HWDMS
                               STARS
                       Biennial Report
SUMMARY
                  The RCRA program uses HWDMS to track RCRA Subtitle C
                  facility-specific data as well as accomplishments. This data
                  base contains  a range of information on  permitting and
                  compliance  monitoring  activities  for  all  generators,
                  transporters, and TSDFs. HWDMS is maintained by Regions
                  and States who submit monthly updates to the data base. A
                  new data base, the RCRA Information System (RCRIS), has
                  been developed and is being piloted among the Regions and
                  States.   RCRIS  will be phased in to eventually  replace
                  HWDMS.

                  The S trategic Targeted Activities for Results System (STARS),
                  formerly known as the Strategic Planning and Management
                  System (SPMS), is an EPA accountability system that facilitates
                  integrated planning, tracking, and reporting of major activities
                  within each of EPA's programs. Each year, EPA establishes
                  measures to track progress of high  priority activities. The
                  Operating Guidance and STARS measures are developed
                  concurrently and finalized by March 1 of each year. Once
                  STARS measures are established, Regions and States negotiate
                  appropriate targets for many of these actions.  Progress is
                  monitored on a quarterly basis and RCRA STARS data are
                  stored in HWDMS.

                  As discussed earlier in this section, RCRA Sections 3002 and
                  3005 establish  requirements for generators and TSDFs to
                  submit detailed activity reports.  These reports must be
                  submitted to EPA on March 1 of each even-numbered year for
                  the previous year's hazardous waste activity. Many States
                  require that this reporting be done annually. States compile
                  these reports and submit information to EPA  Regions by
                  September of the even-numbered year. This data, known as
                  the Biennial Report is entered  directly into the Biennial
                  Report Data System (BIRDS) which provides information on
                  the status of the RCRA program.

                  Congress intended that States  assume responsibility for
                  implementing  RCRA, with oversight from the Federal
                  government. Any State that seeks final authorization for its
                  hazardous waste program must submit an application, in
                  accordance with 40 CFR 271.5, to the Administrator containing
                  the following elements:

                  •  A letter from the Governor requesting program approval

                  •  Copies of all applicable State statutes and regulations

                  •  Documentation of public participation activities
                                            IE-105

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CHAPTER?
STATE AUTHORIZATION
                                        •  A program description

                                        •  An Attorney General's statement

                                        •  A Memorandum of Agreement.

                                        Before approving an application, EPA must be satisfied that
                                        the State 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 notice and hearing prior to the issuance
                                           of a permit, and

                                        •  Provides  for  public  availability  of  information in
                                           substantially the same manner and to the same degree as
                                           the Federal program.

                                        Approved State programs are subject to:

                                        •  Revision

                                        •  Withdrawal of approval

                                        •  Transfer of program responsibilities back to EPA.

                                        States are the primary implementers of RCRA and may
                                        receive annual grants from EPA under RCRA Section 3011.
                                        States negotiate annual work plans with EPA Regions and
                                        their progress is monitored primarily by Regional staff, with
                                        Headquarters' assistance.

                                        EPA and the States  are subject  to extensive reporting
                                        requirements  when implementing RCRA; various reporting
                                        requirements  apply  to the  regulated community  as  well.
                                        These requirements include quarterly Strategic Targeted
                                        Activities for Results System (STARS) reporting and biennial
                                        reports.  Most RCRA program data is tracked in the EPA
                                        national data base, HWDMS; the new RCRIS data base will
                                        be phased in to eventually replace HWDMS.
                                          m-106

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                    SECTION IV
                SUBTITLE I OF RCRA -
    MANAGING UNDERGROUND STORAGE TANKS

OVERVIEW

SCOPE OF THE UNDERGROUND STORAGE TANK PROBLEM

-  Major Causes of Tank Failure

THE UNDERGROUND STORAGE TANK REGULATORY PROGRAM

-  Program Scope
-  Underground Storage Tank Design, Construction, Installation, and Notification
-  General Operating Requirements
-  Release Detection
   Release Reporting, Investigation, and Confirmation
   Corrective Action Requirements
-  Underground Storage Tank Closure
-  Financial Assurance

STATE UNDERGROUND STORAGE TANK PROGRAMS

INSPECTIONS AND ENFORCEMENT

LEAKING UNDERGROUND STORAGE TANK TRUST FUND

SUMMARY

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SECTION  IV
SUBTITLE I OF RCRA - MANAGING
UNDERGROUND STORAGE TANKS
OVERVIEW
 SCOPEOFTHE
 UNDERGROUND
 STORAGE TANK
 PROBLEM
         Congress enacted Subtitle I to control and prevent leaks from
         underground storage tanks (USTs). The UST program breaks
         new ground in that, for the first time, the RCRA program
         applies to products as well as wastes. Specifically, Subtitle I
         regulates underground tanks storing regulated substances,
         including petroleum products (e.g., gasoline and crude oil),
         and Superfund-defined hazardous substances. Tanks storing
         hazardous wastes, however, are regulated under Subtitle C
         (see Section III, Chapter 4).

         Subtitle I of HSWA directs EPA to develop performance
         standards for new tanks that include: design, construction,
         installation, release detection, and compatibility standards for
         new tanks and requirements applicable to all tank owners and
         operators concerning leak detection, recordkeeping, reporting,
         corrective action, and closure. Under authority granted by
         RCRA Section 9004, EPA established requirements that a
         State UST program must meet in order for EPA to approve the
         program. The performance standards, associated regulations,
         and the State program approval regulations were promulgated
         September 23, 1988,  and became effective  December 22,
         1988.  The financial assurance regulations were promulgated
         on October 26,1988, and will be phased in over a two-year
         period.

         The Superfund Amendments  and Reauthorization Act of
         1986 (SARA) also added Section 9003(h), which gives EPA
         (and States under cooperative agreements with EPA) authority
         to clean up releases from UST systems or require their owners
         and operators to  do so. It  also establishes a trust fund to
         finance some of these activities.

         This  section  describes the  UST program regulatory
         requirements, State program approval procedures, inspections
         and enforcement, and the Leaking Underground Storage Tank
         Trust Fund.

         There are currently 1.4 million tanks regulated under Subtitle
         I of RCRA. The vast majority of these tanks are used to store
         petroleum products for retail and industrial purposes. Less
         than five percent store hazardous substances. Of the 1.4
         million tanks under regulation, 80 percent are believed to be
                                          IV-1

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 SECTION IV
SUBTITLE I OF RCRA - MANAGING UNDERGROUND
STORAGETANKS
                      Major Causes of
                         Tank Failure
           Why Tanks Leak

           •   Corrosion

           •   Faulty installation

           •   Piping failure

           •   Overfills
THE UNDERGROUND
STORAGE TANK
REGULATORY PROGRAM
                  made of bare steel,  which can quickly corrode, allowing
                  contaminants to seep into the ground posing a significant
                  threat to the environment. If, for example, only 10 percent of
                  the USTs at the nation's service stations leaked, or were to
                  leak, releases could occur at over 17,000 sites nationwide.
                  Consequently,  leaking underground storage tanks pose a
                  potentially widespread threat to our nation's ground water.
                  EPA estimates that the UST corrective action program alone
                  could cost $60 billion over 30 years, placing it on a par with
                  the costly Superfund program.

                  USTs generally release contaminants into the environment in
                  four ways: corrosion, faulty installation, piping failure, and
                  overfills. Galvanic corrosion, or the breakdown of hard
                  refined steel to the natural soft ore, is the most common cause
                  of release from bare steel UST systems. Because the majority
                  of older UST systems are bare steel, corrosion is believed to
                  be the leading cause of releases. The speed and severity of
                  corrosion varies depending on a number of site-specific factors
                  (e.g., soil conductivity) that are almost always present when
                  bare steel is placed underground. Most commonly, part of a
                  tank  becomes  .negatively charged  with  respect to  the
                  surrounding area and acts as a battery.  The negatively charged
                  part of the UST starts to corrode at a rate proportional to the
                  intensity of the current.

                  Installation failure encompasses a wide variety of problems,
                  from faulty tank system installation to accidents when vehicles
                  collide with  gas pumps. Piping failures can often be a major
                  source of leaks. One EPA study found that piping failure
                  accounted for a substantial portion of the larger spills at USTs.
                  Finally, spills and overfills, usually caused by human error,
                  contribute to tank leakage.  Repeated spills also can increase
                  the corrosive nature of soils.

                  On September  23, 1988, EPA issued  the  final  technical
                  performance standards and associated regulations for USTs.
                  In  a  separate  rulemaking procedure,  EPA issued  final
                  regulations for financial responsibility for petroleum product
                  USTs on October 26,1988. The technical standards for USTs
                  encompass the following components:

                  •   Program Scope and Interim Prohibition
                                            IV-2

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SECTION IV
SUBTITLE I OF RCRA - MANAGING UNDERGROUND
STORAGE TANKS
                       Program Scope
   The UST Regulated Community

               676,000 Retail Motor Fuels
                         54,000
                         Chemical Storage
       651,000 Petroleum Storage
                  •  Design, Construction, Installation, and Notification
                     Requirements

                  «  General Operating Requirements

                  •  Release Detection

                  •  Release Reporting, Investigation, and Confirmation

                  •  Corrective Action Requirements

                  •  Underground Storage Tanks

                  •  Financial Assurance.

                  An underground storage tank is defined as any tank with at
                  least ten percent of its volume buried below ground, including
                  any pipes attached to the tank. Thus, above ground tanks with
                  extensive piping may be regulated under Subtitle I. Unless
                   exempt, any owner or operator who stores petroleum products
                   or a substance defined as hazardous under Superfund (exclusive
                   of Subtitle C hazardous wastes) in a UST, must meet EPA's
                   regulatory requirements (or the requirement of a State with an
                   approved program).

                   Congress included only about one-third of UST systems in the
                   Subtitle I program, because most USTs are already regulated
                   under other laws or do not  threaten human health and the
                   environment. Types of tanks to which the UST program does
                   not  apply include:

                   •   Farm and residential tanks holding 1,100 gallons or less
                       of 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
                                             IV-3

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SECTION IV
            SUBTITLE I OF RCRA - MANAGING UNDERGROUND
            STORAGE TANKS
                                         •  Emergency spill and overfill tanks.

                                         For other underground tanks, such as field-constructed tanks,
                                         EPA has not yet collected enough data to justify regulation.
                                         For a complete listing of tanks excluded from the regulations,
                                         refer to 40 CFR Part 280.

           Underground Storage Tank   TO facilitate industry  implementation, EPA has established
                 uesign, construction,   standards based on existing codes of practice developed by
                                         nationally  recognized associations or independent testing
                                         laboratories. The regulations specify  national standards for
                                         tank and piping systems and tightness tests.  In lieu of the
                                         standards specified in the regulations, new tank and piping
                                         systems  may be constructed using alternative standards as
                                         long as they are equally protective of  human health and the
                                         environment.
       — w"g2*>n} n_^i_rBMU«.ji 1*^4.1 WAAa
Installation, and Notification
                                         New tank systems, piping, and cathodic protection systems
                                         must be designed and installed carefully and in accordance
                                         with industry codes.  Tank system installation requirements
                                         are mostly common  sense, including  securing the tank,
                                         obtaining clean backfill, and ensuring that the substances to be
                                         stored are compatible with the tank system. Tanks must be
                                         properly installed following manufacturer specifications and
                                         certified when installation is satisfactorily completed.  They
                                         must also be fitted with equipment to  prevent spills and
                                         overfills, a common cause of tank leakage.

                                         Existing USTs must comply with all requirements for new
                                         tanks by December 22, 1998. Any UST  system that cannot
                                         meet this deadline must close.  By giving the  regulated
                                         community the flexibility to plan for and set its own priorities
                                         in upgrading the UST systems, EPA intended to encourage a
                                        more rapid voluntary upgrading.  This  schedule  has also
                                        provided State and local authorities the flexibility to establish
                                        their own schedules for phasing in requirements.

                                        The regulations promulgated pursuant to S ubtitle I established
                                        a notification program for both existing and new tanks. Under
                                        this program, State governors were required by May 1985 to
                                        designate the  State or local agency to which tank owners
                                        should send notifications. The law directed EPA to prescribe
                                        the form of the notice, and by May 1986, owners of existing
                                        tanks were to have notified the designated State  or local

                                           IV-4

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SECTION IV
SUBTITLE I OF RCRA - MANAGING UNDERGROUND
STORAGETANKS
                     General Operating
                         Requirements
                      Release Detection
                  agency  of each tank's age, size, type,  location  and use.
                  Owners of USTs taken out of operation after January 1,1974,
                  but still in the ground also were to submit information on the
                  tanks by May 1986. As of May 8,1986, all owners of newly
                  installed tanks must have notified EPA or the State of the
                  tank's size, type, location, use, and compliance with applicable
                  regulations.  Additionally, after October 24,1988, sellers of
                  underground tanks must have notified the buyer of their
                  notification requirements. A copy of the notification form is
                  contained in Appendix C.

                  To prevent spills or overfills, tank owners and operators must
                  take three steps:

                  •   Ensure that the capacity of the tank is greater than the
                      volume of product to be transferred

                  •   Have someone present at all times during the transfer

                   •   Use equipment that can prevent or severely limit spills
                      (e.g., automatic shutoff devices when the tank is almost
                      full).

                   As with design and installation requirements, standards for
                   product transfer are based on established national standards.
                   Only substances that are compatible with the UST system may
                   be stored in the unit.

                   UST systems that have corrosion protection must  follow
                   guidelines  for operation  and maintenance of  corrosion
                   protection equipment. This includes inspections, record-
                   keeping, and periodic maintenance  as suggested  by the
                   manufacturer. Records must be readily available for agency
                   officials to review.

                   Owners and operators may repair existing tanks, but must
                   ensure that repairs will prevent releases due to structural
                   failure or corrosion for the remaining life of the tank. Holes
                   in piping and fittings must be corrected by replacing parts. All
                   repairs must be made in  accordance with manufacturer's
                   specifications and owners or operators must maintain repair
                   records.

                   One of the most important requirements of the UST program
                   is release detection. Without it, the owners, operators, and
                                             IV-5

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SECTION IV
SUBTITLE I OF RCRA - MANAGING UNDERGROUND
STORAGE TANKS
                                         nearby residents would have to rely on their senses—sight,
                                         taste, or smell—to detect a leak.  All facilities must have a
                                         release detection method that:

                                         •   Is capable of detecting a release from any portion of the
                                            UST system

                                         •   Is installed and maintained in accordance with the
                                            manufacturer's instructions, including routine
                                            inspections

                                         •   Is capable of meeting performance standards that have
                                            been designed for the chosen release detection method.

                                        Existing USTs containing petroleum products and hazardous
                                        substances must install a release detection system following a
                                        five-year phase-in period which ends December 22,1993. In
                                        addition, by the same date, tanks  used to store hazardous
                                        substances must be retrofitted with secondary containment or
                                        replaced with a double-walled tank to prevent leaks.

                                        Owners and operators of petroleum tanks may use a variety of
                                        methods such as tank tightness tests, soil gas monitoring, and
                                        water table monitoring to comply with the release detection
                                        requirements. Monitoring of the space between the UST inner
                                        wall and the secondary barrier is mandatory for tanks storing
                                        hazardous substances,  unless the  owner or operator  can
                                        demonstrate that another method works equally well.

                                        Release detection options differ for pressurized or suction
                                        piping. Suction piping that meets stringent standards may not
                                        require release detection. Options for piping include:

                                        •   Automatic line leak detectors

                                        •   Line tightness testing

                                        •   Applicable tank methods.

                                       While new UST systems must comply with release detection
                                       requirements immediately, requirements will be phased in for
                                       existing systems. The date by which existing USTs must
                                       comply varies by the age of the tank. Older tanks had to
                                       comply by the end of 1989, while newer tanks have until 1993
                                       to comply. Any existing UST system that cannot comply with

                                           IV-6

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SECTION IV
SUBTITLE I OF RCRA - MANAGING UNDERGROUND
STORAGETANKS
                    Release Reporting,
                         Investigation,
                     and Confirmation
                      Corrective Action
                         Requirements
                  the release detection requirements must close.

                  All suspected releases must be reported within 24 hours. The
                  facility must investigate and confirm the release. Confirmed
                  releases must be cleaned up under the corrective  action
                  provisions (see below). Facilities must report any spill or
                  overfill that:

                  •  Is over 25 gallons (for petroleum) or

                  •  Exceeds a CERCLA reportable quantity (for hazardous
                     substances).

                  Spills of regulated substances not exceeding these amounts
                  must be cleaned up immediately. If the spill cannot be cleaned
                  up in less than 24 hours, it must be reported to the implementing
                  agency.

                  Corrective action for UST  systems, like the  program for
                  hazardous waste TSDFs, is designed to ensure that releases of
                  regulated substances do not threaten human health and the
                  environment. The corrective action procedure is comprised of
                   a series of steps; the exact steps to be taken and the level of
                  response required  vary depending on the severity  of the
                   release. Procedures to correct releases for petroleum products
                   and hazardous substances are the same.

                   Following immediate response activities (including  release
                   reporting, immediate containment, and monitoring of explosive
                   hazards), the facility implements initial abatement measures,
                   including:

                   •  Further containment of the regulated substance to
                      prevent continued release

                   •  Prevention of further migration of aboveground and
                      underground releases.

                   •  Continued monitoring and mitigation of explosive
                       hazards

                   •   Remedying hazards posed by excavated soils resulting
                       from response activities
                                             IV-7

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SECTION IV
SUBTITLE I OF RCRA - MANAGING UNDERGROUND
STORAGETANKS
                                         •  Performing a site check to evaluate the extent of the
                                            release

                                         •  Determining the presence of free product on the water
                                            table.

                                         Within 20 days of confirmation of the release, the owner or
                                         operator must submit a report to the implementing agency.
                                         The report details the extent of initial abatement activities.
                                         Within 45 days of confirmation of the release, the owner or
                                         operator  must submit  a  more comprehensive site
                                         characterization report  to the implementing agency.  The
                                         report  includes, if applicable, a discussion of procedures
                                         carried out to remove free product from the water table.

                                         After  reviewing the  results,  the  implementing agency
                                         determines whether further, more detailed, response activities
                                         are needed.   If further corrective action is required, the
                                        implementing agency will request detailed corrective action
                                        plans, including provisions to remediate contaminated soils,
                                        ground water, and  surface water.  As with  the Subtitle  C
                                        program, the public is fully involved in the cleanup process.

                Underground Storage   The closure  requirement for UST systems depend on the
                         aoK Closure   amount of time that  the tank system is out of service. Unless
                                        permanently   closed, all  systems  containing  regulated
                                        substances must continue to comply with all the normal
                                        regulatory requirements. USTs closed for less than 3 months
                                        have no special requirements. Systems containing substances
                                        regulated under S ubtitle I closed for 3 to 12 months must leave
                                        vent lines open and cap all other lines. After 12 months out of
                                        service, USTs must be closed permanently.

                                        Prior to closing the UST system, the owner or operator must
                                        assess the site to ensure that no releases have occurred. This
                                        usually  is done by sampling nearby soil and ground water.
                                        Records of this assessment must be maintained for 3 years
                                        after the tank is closed. Any release that is discovered will be
                                        subject  to corrective action.  Closure procedures follow
                                        accepted industry codes, including emptying the  tank  and
                                        filling it with an inert material, or removing the tank from the
                                        ground.
                Financial Assurance
                                       In contrast to the Subtitle C TSDF financial assurance
                                          IV-8

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SECTION IV
SUBTITLE I OF RCRA - MANAGING UNDERGROUND
STORAGETANKS
                                         requirements.USTshavelessstringentreportingrequirements
                                         and a broader range of allowable financial mechanisms. One
                                         key factor that led to this difference was the size of the
                                         regulated community:  there are about 1.4 million USTs,
                                         compared to about 5,000 TSDFs.  The  size of the UST
                                         regulated community makes the administrative burden of
                                         implementing financial assurance an important consideration.

                                         EPA issued final regulations for financial assurance October
                                         26, 1988, these regulations did not include requirements for
                                         USTs containing hazardous substances. EPA has published
                                         an advance notice of proposed rulemaking  on financial
                                         responsibility for hazardous substance USTs.

                                         Under the new petroleumUSTregulations, financial assurance
                                         is required to cover both the cost of any required corrective
                                         action, as well as compensation for third party liability from
                                         accidental releases. State and Federally owned facilities are
                                         exempt from these requirements. Per-occurrence coverage is
                                         set at either $500,000 or $ 1 million depending on the nature of
                                         facility operation (e.g., petroleum markets vs. non-petroleum
                                         markets) and the quantity of product handled.  Aggregate
                                         coverage is  set at $1 million or $2 million depending on the
                                          number of USTs to be covered.

                                          As noted earlier,  owners and operators of petroleum USTs
                                          may use a number of mechanisms to comply with financial
                                          assurance requirements, including all of those allowed for
                                          TSDFs. Other allowable mechanisms are risk retention group
                                          coverage and State assurance.  Risk retention groups are
                                          unique in that the individual risks of group members are
                                          transferred to a risk pool administered by the group. In turn,
                                          the members pay a premium for the coverage they receive. If
                                          State assurance is used, the State agrees to provide the required
                                          corrective action and assume liability  costs.  Owners or
                                          operators usually pay a premium to the State for the coverage
                                          it provides.

                                          If mechanisms for  assuring  financial  responsibility are
                                          generally not available in a State, members of the regulated
                                          community may petition EPA to suspend enforcement of the
                                          financial assurance requirements for 180 days.  During this
                                          time facilities must take substantial steps toward obtaining
                                          coverage (e.g., developing a risk retention group).
                                              IV-9

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  SECTION IV
SUBTITLE I OF RCRA - MANAGING UNDERGROUND
STORAGETANKS
  STATE UNDERGROUND
  STORAGE TANK
  PROGRAMS
                STATE
INSPECTIONS AND
ENFORCEMENT
                  Several States already have, or are developing, regulatory
                  programs for underground storage tanks.  As with other
                  environmental programs, Subtitle I is designed to avoid
                  interfering with those State programs and to encourage other
                  States to press ahead with control programs.

                  The State  program  approval regulations,  which were
                  promulgated on September 23, 1989 and became effective
                  December 23, 1989, establish the program approval process
                  and the criteria that EPA will use to evaluate and approve S tate
                  programs.

                 According to the regulations, EPA will evaluate various
                 elements of the State program against the corresponding
                 Federal requirements.  EPA must determine that the State's
                 requirements are "no less stringent" than the Federal program,
                 and that there is provision for "adequate enforcement".

                 The Agency has  defined the  environmental performance
                 objectives of  the Federal standards  and these objectives
                 represent its expectations of what will constitute  an adequate
                 State program; the State must have requirements for all UST
                 systems that meet those objectives. EPA can authorize a State
                 to regulate either petroleum USTs, hazardous substance USTs,
                 or both.

                 The components of the State application are similar to those
                 under other EPA programs. States must submit a transmittal
                 letter from the Governor to EPA requesting program approval
                 and designating a lead State agency.  A description of the
                 current State program must be supplied, and a Memorandum
                 of Agreement between the Regional Administrator and the
                 director of the lead State agency must be signed.  The State
                 must submit a letter from the S tate Attorney General indicating
                 that the State has the authority to carry out the required UST
                program  and a copy of all applicable State statutes and
                regulations. Finally, the S tate must provide a description of its
                compliance monitoring and enforcement procedures.

                RCRA provides authority for Federal and State personnel to:

                •  Request pertinent information from tank owners

                •  Inspect and sample tanks
                                          IV-10

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SECTION IV
SUBTITLE I OF RCRA - MANAGING UNDERGROUND
STORAGETANKS
 LEAKING UNDERGROUND
 STORAGE TANK
 TRUST FUND
                  •  Monitor and test tanks and surrounding soils, air,
                     surface water, and ground water

                  •  Respond to violations of tank standards through civil or
                     administrative actions

                  •  Seek injunctive relief when human health or the
                     environment are endangered.

                  EPA may issue compliance orders for any violation of the
                  UST statute or regulations. A violator who fails to comply
                  with the  order may be subject to a civil penalty of up to
                  $25,000 per tank per day of non-compliance. In addition, any
                  owner who  knowingly fails to notify or submits false
                  information, or any owner or operator who fails to comply
                  with any regulatory requirement under Subtitle I, may  be
                  subject to civil penalties of up to $10,000 per tank per day,
                  per violation. Criminal penalties are not authorized under
                  Subtitle I.

                  As part of the amendments to Superfund, Congress created the
                  Leaking Underground Storage Tank Trust Fund (Trust Fund)
                  under Subtitle I. The Trust Fund is financed through a tax on
                  gasoline, diesel,  and aviation, fuels, and is used when the
                  following conditions are met:

                  •   Cleanup costs exceed coverage requirements of the
                      financially responsible party

                   •   The owner or operator refuses to comply with a
                      corrective action, order

                   •   A solvent owner or operator cannot be found

                   •   An emergency situation exists.

                   In addition to paying for site activities, the Trust Fund may be
                   used to cover administrative and enforcement costs associated
                   with a cleanup. The Trust Fund may only be used to clean up
                   releases of petroleum; cleanups of hazardous substance spills
                   are covered under Superfund or RCRA's corrective action
                   provisions.
                                            IV-11

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SECTION IV
SUBTITLE I OF RCRA - MANAGING UNDERGROUND
STORAGE TANKS
SUMMARY
                  To use the Fund, States enter into a cooperative agreement
                  with EPA. The cooperative agreement details how the money
                  is to be disbursed to the State, what it may be used for, and
                  what percent of the cleanup must be funded by the State.

                  EPA recently promulgated regulations that affect
                  underground tanks storing petroleum and hazardous
                  substances. The regulatory program is broad in scope,
                  subjecting 1.4 million tanks to notification requirements,
                  performance standards, leak detection, corrective action,
                  financial assurance, and closure. The State program
                  approval regulations are designed to facilitate delegating
                  the program to the States. Subtitle I provides inspection
                  authorities to ensure compliance with the regulations.
                  Subtitle I also gives States with approved programs primary
                 enforcement responsibility. Congress added the Leaking
                 Underground Storage Tank Trust Fund to Subtitle I to fund
                 clean up of certain USTs threatening human health and the
                 environment. To use the Trust Fund, States enter into a
                 cooperative agreement with EPA. The cooperative
                 agreement details how money is to be used and what
                 action's are to be taken.
                                         IV-12

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                     SECTION V

                SUBTITLE J OF RCRA -
             MANAGING MEDICAL WASTE
OVERVIEW

MEDICAL WASTE IDENTIFICATION

   Regulated Medical Waste
-  Exempted and Excluded Wastes

MEDICAL WASTE GENERATOR REQUIREMENTS

-  Pre-Transport Requirements
-  Use of the Tracking Form
   Exception Reports

MEDICAL WASTE TRANSPORTER REQUIREMENTS

-  Transporter Notification
-  Use of the Tracking Form
   Transporter Semi-Annual Reports

MEDICAL WASTE TREATMENT, DESTRUCTION, AND DISPOSAL
FACILITY REQUIREMENTS

-  Use of the Tracking Form
-  Tracking Form Discrepancies
   On-Site Incinerator Reports

SUMMARY

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SECTION V
      SUBTITLE J OF RCRA - MANAGING
      MEDICAL WASTE
OVERVIEW
 MEDICAL WASTE
 IDENTIFICATION
               During the summer of 1988, widespread mismanagement of
               medical waste led to washups of syringes and other medical
               material on the Atlantic seaboard. In response to this problem,
               Subtitle J was added to RCRA in November 1988. Subtitle J
               instructs EPA to develop a two-year demonstration program
               to track medical waste from generation  to disposal in the
               States that  have chosen to  participate in the program
               (Connecticut, New Jersey, New York, Puerto Rico, and Rhode
               Island). After completion of the demonstration program in
               1991, the Agency will report its findings on the program to
               Congress, which will consider the merits of establishing
               nationwide medical waste requirements.

               EPA enacted interim final regulations in March  1989. The
               regulations, found in 40 CFR Part 259, establish requirements
               for medical waste generators,  transporters, and treatment,
               destruction,  and disposal facilities (TDDs).  This chapter
               describes EPA's framework for medical waste management:

               •  Medical Waste Identification

               •  Medical Waste Generator Requirements

               •  Medical Waste Transporter Requirements

               «  Medical Waste Treatment, Destruction, and Disposal
                  Facility Requirements.


               Medical waste is defined in 40 CFR 259.10 as any solid waste
               that is generated in the diagnosis, treatment, or immunization
               of human beings or animals, in related research, biological
               production, or testing.

    Regulated  Regulated medical waste is a subset of all medical wastes and
Medical Waste  includes seven distinct categories:

               •  Cultures and stocks of infectious  agents

               •  Human pathological wastes (e.g., tissues, body parts)

               •  Human blood and blood products

                •  Sharps (e.g., hypodermic needles and syringes used in
                   animal or human  patient care)
                                            V-l

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 SECTION V
SUBTITLE J OF RCRA - MANAGING MEDICAL WASTE
                         Exempted and
                      Excluded Wastes
MEDICAL WASTE
GENERATOR
REQUIREMENTS
                  •  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)

                  In addition, mixtures of solid waste and regulated medical
                  waste are subject to the requirements. Mixtures of hazardous
                  and regulated medical waste are subject to the 40 CFR Part
                  259 requirements only if shipment of such a mixture is not
                  subject to hazardous waste manifesting (e.g., the hazardous
                  waste is generated by a conditionally exempt generator).

                  The definition of "medical waste" excludes any hazardous
                  waste identified or listed under 40 CFR Part 261  or any
                  household waste defined in 40 CFR 261.4(b)(l). In addition,
                  residues from treatment and destruction processes, or from
                  the incineration of regulated medical wastes, are excluded
                  from  the requirements, as are human remains intended to be
                  buried or cremated. Etiologic agents being shipped pursuant
                  to other federal regulations, and samples of regulated medical
                  waste shipped for enforcement purposes are exempt from the
                  40 CFR Part 259 requirements.

                  Subtitle J directs EPA to include a requirement to segregate
                  the regulated medical waste at the point of generation, where
                  practicable. All generators  of regulated medical waste are
                  subject to the program requirements if they are located in one
                  of the demonstration States. The tracking requirements for
                  generators of less than 50 pounds per month are more flexible
                  than those for larger generators. However, all generators are
                  subject to the  same waste management requirements.

Pre-Transport    Generators (including transporters who repackage shipments)
 Requirements   are responsible for properly handling medical waste  before
                 shipping it off-site. The waste must be segregated into sharps,
                 fluids, and  other wastes and then packed in rigid, leak-
                 resistant containers. Additionally, sharps must be packed in
                 puncture resistant, and fluids in leak resistant, containers.
                 Untreated medical waste must have a water resistant label on
                 the outside  of the packaging identifying it as "infectious
                 waste" or "medical waste" or displaying the bio-hazard symbol.
                 Regulated medical waste shipments must  be marked with
                 information identifying the  generator and each individual
                 transporter.  Treated wastes need not be labeled.
                                            V-2

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SECTION V
SUBTITLE J OF RCRA - MANAGING MEDICAL WASTE
                            Use of the
                       Tracking Form
     Medical Waste
     Tracking Form
                Reports
                            Exception
                              Reports
 MEDICAL WASTE
 TRANSPORTER
 REQUIREMENTS
    Transporter
     Notification
                             Use of the
                        Tracking Form
                           Transporter
                          Semi-Annual
                               Reports
 MEDICAL WASTE      Use of the
 TREATMENT,      Tracking Form
 DESTRUCTION,
 AND DISPOSAL FACILITY
 REQUIREMENTS
Similar to the hazardous waste manifest, the tracking form is
a mechanism for tracing medical waste from generation
through disposal. Generators must initiate a tracking form for
most off-site shipments of waste. Copies of the form must be
retained by the generator, each transporter, and each facility
handling the waste.  Appendix D contains a sample tracking
form.

Generators who do not receive a copy of the original tracking
form within 45 days of the date the shipment was accepted by
the initial transporter must submit an exception report to the
Region in which the generator is located. The report must
include a Copy of the tracking form in question, and adescription
of the efforts the generator made to locate the shipment. The
generator must retain a copy of the report.

Transporters who ship regulated medical waste that was
generated in the demonstration program States must submit a
one time  notification to EPA Headquarters. EPA will then
issue the transporter a medical waste identification number to
be used on all tracking forms and on all transporter reports.

Transporters may only accept medical waste  shipments that
are properly packaged, labeled,  and  marked and  are
accompanied by a tracking form (if one is required).  Upon
delivery of the shipment to a subsequent transporter or to the
facility receiving the waste, a copy of the form must be signed
and retained by the transporter. Transporters must initiate a
tracking form for shipments of medical waste received from
generators of less than 50 pounds per month, who ship less
than 50 pounds. These small shipments may be consolidated
by the transporter onto one tracking form. Transporters may
also consolidate all shipments of less than 220 pounds onto a
single tracking form.

Transporters must submit semi-annual reports to EPA and the
 appropriate State agency that details information about their
 medical waste shipments. Separate reports must be completed
 for each demonstration S tate in which the transporter is active.

 All TDDs must sign and return tracking forms to the generator
 or the party that initiated the tracking form. Intermediate
 handlers (those facilities that treat or destroy regulated medical
 waste) must return tracking forms to the original generator for
 shipments they receive, and initiate a new tracking form for
 shipments  of treated or destroyed waste sent to destination
 facilities.
                                              V-3

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SECTION V
SUBTITLE J OF RCRA - MANAGING MEDICAL WASTE
                        Tracking Form    Facilities that receive regulated medical waste shipments that
                         Discrepancies   differ in certain respects from the waste indicated on the
                                         tracking form must attempt to resolve the discrepancy. Failing
                                         resolution,  they  must  submit a  letter  to the  Regional
                                         Administrator(s) (for the generator's State and the State where
                                         the TDD is located, if different) and to the generator's State
                                         within 15 days of receiving the waste. The report must explain
                                         the discrepancy and include a copy of the suspect tracking
                                         form.
                               On-Site
                   Incinerator Reports
SUMMARY
                  Owners or operators of incinerators that burn medical wastes
                  generated on site must submitreports to EPA covering the first
                  and third six-month periods of the demonstration program.
                  Thesereports should describe, amongother things, theamounts
                  of medical waste received and burned on site, and the date and
                  length of each incineration cycle.

                  Congress recently added a new Subtitle J to RCRA to address
                  environmental problems associated with mismanagement of
                  medical wastes. EPA published interim final rules establishing
                  a demonstration program for the tracking of medical waste. In
                  1991, the program will be evaluated for national applicability.

                  The medical waste regulatory requirements apply to generators
                  located in the States participating in the program and to
                  transporters  arid facilities  nationwide  who handle those
                  generators' wastes.
                                           V-4

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                SECTION VI
     RCRAAND ITS RELATIONSHIP TO OTHER
          ENVIRONMENTAL STATUTES
CHAPTER 1
CHAPTER 2 -
CHAPTER 3 -
LEGISLATIVE FRAMEWORK FOR ADDRESSING
HAZARDOUS WASTE PROBLEMS

SUPERFUND: THE HAZARDOUS WASTE CLEANUP
PROGRAM

RCRA AND SUPERFUND: HOW THE TWO PROGRAMS
INTERACT

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SECTION VI      RCRA AND ITS RELATIONSHIP
                               TO OTHER ENVIRONMENTAL
                               STATUTES
OVERVIEW
  FEDERAL
 INSECTICIDE,
 FUNGICIDE,
   AND
 RODENTICIDE
   ACT
                SAFE
               DRINKING
                WATER
                 ACT
  MARINE
PROTECTION,
 RESEARCH
   AND
SANCTUARIES
   ACT
EPA's role is to protect human health and the environment.
Many environmental laws have been enacted to address
releases, or threats of releases, of hazardous substances.
An understanding of these laws is necessary to see where
RCRA fits into the national environmental protection
program established by Congress.  Each environmental
statute has its own particular focus, whether it is controlling
the level of pollutants introducedinto a single environmental
medium (i.e., air, soil, water) or addressing a specific area
of concern, such as pesticides or waste cleanup.

While the segmentation of environmental issues eases the
drafting of legislation, it complicates the implementation
of environmental protection regulations.  The media,
practice or 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.  Volatile organic compounds such  as
benzene or toluene, for instance, can be released into and
contaminate  the air, soil,  and  water.  Additionally,
uncontrolledpollutants may travel long distances by natural
means and change physically, affecting multiple media.
Therefore, a medium or contaminant-specific approach
cannot fully address the magnitude and complexities of the
waste management problem.

This section consists of three chapters:

•   Chapter 1 - outlines the legislative framework
              for addressing environmental
              problems.

•   Chapter 2 - focuses on one crucial aspect of
              this legislative framework, the
              Superfund hazardous waste
              cleanup program.
                                            VI-1

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SECTION VI
RCRA AND ITS RELATIONSHIP TO
OTHER ENVIRONMENTAL STATUTES
                              •  Chapter 3 - discusses the interactions between
                                         RCRA and Superfund.
                                VI-2

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                    CHAPTER 1

    LEGISLATIVE FRAMEWORK FOR ADDRESSING
           HAZARDOUS WASTE PROBLEMS
OVERVIEW

ENVIRONMENTAL STATUTES

-  Comprehensive Environmental Response, Compensation and Liability Act
   (CERCLA or Superfund)
-  Clean Air Act (CAA.)
-  Clean Water Act (CWA)
-  Marine Protection, Research, and Sanctuaries Act (MPRSA)
-  Safe Drinking Water Act (SDWA)             ^^
-  Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
-  Toxic Substances Control Act (TSCA)

SUMMARY

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CHAPTER 1      LEGISLATIVE FRAMEWORK FOR
                             ADDRESSING HAZARDOUS WASTE
                             PROBLEMS
OVERVIEW
ENVIRONMENTAL STATUTES

        Comprehensive Environmental
             Response, Compensation,
                     and Liability Act
             (CERCLA or Superfund)
                  Clean Air Act (CAA)
The legislation that serves as the basis for managing hazardous
wastes can be divided into three categories:

•  The central statutory authorities are RCRA and CERCLA.
   The former creates a"cradle-to-grave" management system
   for current and future wastes while the latter authorizes
   cleanup of releases of hazardous substances.

•  Several statutes are media-specific, and limit the amount
   of wastes introduced into the air, waterways, oceans, and
   drinking water.

•  Other statutes 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.

RCRA and CERCLA are unique 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:

•  RCRA has a regulatory focus and authorizes control over
   the management of wastes from the moment of generation
   until final disposal.

•  Superfund has aresponse focus. Whenever there has been
   a breakdown in  the waste management system (i.e., a
   release of a hazardous substance), the statute authorizes
   cleanup actions.

This distinction, while useful for providing an overview, does
not present a complete picture of how RCRA and CERCLA
interact. Chapter 2 provides a more detailed discussion of the
Superfund statute.  Chapter 3 examines the  multifaceted
relationship between the RCRA and Superfund programs.

Congress enacted the Clean Air Act (CAA), to limit the
emission of pollutants into the atmosphere, in order to protect
human health and the environment from the effects of airborne
                                           VI-3

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CHAPTER 1
LEGISLATIVE FRAMEWORK FOR
ADDRESSING HAZARDOUS WASTE PROBLEMS
               Clean Water Act (CWA)
                  pollution. For six pollutants, EPA has established National
                  Ambient Air Quality Standards (NAAQS).  Regulation of
                  these six pollutants affords the public some protection from
                  toxic air pollutants.  Primary responsibility for meeting the
                  requirements of the CAA rests with States, who must submit
                  plans for achieving the NAAQS. The CAA does not directly
                  regulate certain toxic metals but its regulation of paniculate
                  matter may reduce metal emissions as well. Limitations on
                  total volatile organic compounds may  provide protection
                  from known or suspected carcinogens for which specific air
                  emission standards do not exist.  Under Section 112 of the
                  CAA, EPA also has the authority to designate hazardous air
                  pollutants and set National Emission Standards for Hazardous
                  Air Pollutants (NESHAPS).

                  The major interactions between RCRA and CAA include the
                  following:

                  •   Air emissions from incinerators and other types of TSDFs
                     regulated under RCRA  must comply with applicable
                     ambient standard and/or emission limitations of the CAA.
                     Using authorities contained in Section 3004 (n) of RCRA,
                     EPA is developing more stringent air emission standards
                     for TSDFs.

                  •   Extraction of pollutants from air  emissions under CAA
                     controls (e.g., scrubbers) can create hazardous wastes or
                     sludges containing such wastes. Disposal of these materials
                     must comply with RCRA..

                  The CWA requires a permit for any discharge into the nation's
                  waterways. For waste materials, only two discharge options
                  are allowed:

                  •   "Directdischarge" into surface waterpursuant to a National
                     Pollution Discharge Elimination System (NPDES) permit

                  •   "Indirect discharge," which means that the waste is first
                     sent to a publicly owned treatment works (POTW), and
                     then after treatment by the POTW, discharged pursuant to
                     an NPDES permit.

                  The NPDES permit is granted on a case-by-case basis and the
                  terms of the permit depend on a  number of variables.
                                          VI-4

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CHAPTER 1
LEGISLATIVE FRAMEWORK FOR
ADDRESSING HAZARDOUS WASTE PROBLEMS
          Marine Protection, Research,
         and Sanctuaries Act (MPRSA)
                        Safe Drinking
                   Water Act (SDWA)
                  Essentially, the NPDES permit  limits  the  permissible
                  concentration of toxic constituents or conventional pollutants
                  in effluents discharged to a waterway.

                  If the indirect discharge option is chosen, the generator of the
                  wastes cannot simply transfer the 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, including those for corrective action.

                  The major interactions between RCRA and CWA  are as
                  follows:

                  •  Sludge  resulting  from  wastewater  treatment  and
                     pretreatment under CWA must be handled as a RCRA
                     waste and disposed of at a RCRA facility if it is hazardous.

                  •  Discharges  from  a RCRA-permitted facility must be
                     pursuant to an 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.

                  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.
                  Therefore, wastes from a RCRA generator or permitted facility
                  cannot be deposited  in the ocean, except according to a
                  separate MPRSA permit.

                  The Safe Drinking Water Act (SDWA) protects the nation's
                  drinking water  supply by setting drinking water standards,
                  known as Maximum Contaminant  Levels (MCLs)  and
                  regulating underground injection wells. Both the MCLs and
                  the Underground  Injection Control (UIC) program are
                  especially relevant to RCRA. The MCLs are sometimes used
                  by the RCRA program as cleanup standards for corrective
                  action.

                  The UIC program bans some types of underground disposal of
                  wastes considered hazardous under RCRA.  With some
                  exceptions, other materials cannot be injected underground
                  without aUIC permit. RCRA itself contains parallel provisions
                  prohibiting underground injection of hazardous wastes.
                                            VI-5

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CHAPTER 1
LEGISLATIVE FRAMEWORK FOR
ADDRESSING HAZARDOUS WASTE PROBLEMS
         Federal Insecticide, Fungicide,   FIFRA is concerned solely with pesticides, and regulates the
          and Rodenticide Act (FIFRA)   introduction and uses of these products in 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 provides controls as to whether
                                        (and how) certain products are manufactured or sold in the
                                        first place.

                                        FIFRA imposes a system of pesticide product registrations.
                                        These include:

                                        •   Pre-market review of potential health and environmental
                                            effects before a pesticide can be introduced in the United
                                            States
               PESTICIDE
                     Toxic Substances
                  Control Act (TSCA)
                  •  "Re-registration" of products  introduced prior to the
                     enactment of FIFRA to assess their safety in light of
                     current standards

                  •  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.

                  FEFRA's effect on RCRA is indirect. FIFRA controls limit the
                  level of toxic pesticides that are produced and thereby reduce
                  the amount of waste that needs to be managed.

                  TSCA's primary focus is similar to that of FIFRA in that the
                  statute provides authorities to control the manufacture and
                  sale of certain chemical substances. The authorities include:

                  •   Testing of chemicals currently in commercial production
                     or use

                  •   Pre-market screening and regulatory  tracking of new
                     chemical products

                  •   Controlling unreasonable risks once a chemical substance
                     is determined to have an adverse effect on  health or the
                     environment. These powers include:

                     -   Prohibiting the manufacture or certain uses of the
                        chemical

                     -   Requiring labeling
                                           VI-6

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CHAPTER 1
LEGISLATIVE FRAMEWORK FOR
ADDRESSING HAZARDOUS WASTE PROBLEMS
SUMMARY
                     -  Limiting volume of production or concentration

                     -  Requiring recordkeeping about production

                     -  Requiring replacement or re-purchase of products

                     -  Controlling disposal methods.

                  Disposal method authority was exercised for polychlorinated
                  biphenyls (PCBs). While PCB disposal is generally regulated
                  by TSCA, RCRA also regulates disposal of PCBs when they
                  are mixed with hazardous waste.

                  TSCA has a direct and indirect effect on RCRA. The direct
                  effect concerns controls on the disposal methods of certain
                  chemicals such as PCBs. The indirect effect is the same as for
                  FIFRA:   controls on the manufacture  and  use of certain
                  chemical substances limit the amount of waste that need to be
                  managed.

                  Eight major environmental statutes work together to address
                  hazardous waste problems. The two central authorities are
                  RCRA and CERCLA;  the former provides  for day-to-day
                  management of wastes while the latter allows for cleanups in
                  the event of waste releases.  The other statutes limit the
                  amount of waste released into a particular  environmental
                  medium or control the production of certain products. These
                  other statutes include:

                  •   Clean Air Act

                  •   Clean Water Act

                  •   Marine Protection, Research, and Sanctuaries Act

                  •   Safe Drinking Water Act

                  •   Federal Insecticide, Fungicide, and Rodenticide Act

                  •   Toxic Substances Control Act.
                                            VI-7

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                CHAPTER 2
      SUPERFUNB: THE HAZARDOUS WASTE
             CLEANUP PROGRAM
OVERVIEW
PURPOSE OF SUPERFUND
HISTORY OF THE STATUTE
TRIGGER FOR STATUTORY RESPONSE
TYPES OF RESPONSE ACTIONS
TITLE

SUMMARY

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 CHAPTER 2
SUPERFUND:  THE HAZARDOUS
WASTE CLEANUP PROGRAM
 OVERVIEW
PURPOSE OF
SUPERFUND
          This chapter focuses on a central part of the legislative
          framework for environmental protection:   the Superfund
          cleanup  program established by the Comprehensive
          Environmental Response, Compensation, and Liability Act
          (CERCLA).

          CERCLA is designed to remedy the mistakes in hazardous
          waste management made in the past, while RCRA is concerned
          with avoiding such mistakes through proper management in
          the present and future. As the previous chapter indicated,
          RCRA mainly regulates how wastes should be managed to
          avoid potential threats to human health and the environment.
          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 substantial threat of a release of a hazardous
          substance or of a pollutant or contaminant (that presents an
          imminent and substantial threat to human health) into the
          environment. In such instances, CERCLA authorizes a number
          of government actions to remedy the conditions that could
          result in a release or the effects of a release itself. This chapter
          discusses why CERCLA was enacted and summarizes some
          of the statute's authorities.

          Superfund 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 of
          these dumps was Love Canal in Niagara Falls, New York,
          (near Buffalo) 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  Jimmy Carter declared Love
         Canal a Federal disaster area, and most of the residents in the
         area around the site were relocated.

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CHAPTER 2
SUPERFUND: THE HAZARDOUS WASTE
CLEANUPPROGRAM
HISTORY OF
THE STATUTE
                  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
                  management of wastes. Legal actions against the responsible
                  parties did not offer a solution because they  are too time-
                  consuming.   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 the "ticking time bombs" represented by thousands of
                  potential Love Canals throughout the country.

                  CERCLA, as originally enacted in19.80, 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 healrtvwelfare, or the environment.

                  •   Take appropriate action to remedy those releases.

                  •   See that the parties responsible for the releases pay for the
                      cleanup actions.

                  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  "Superfund"  (Fund)
                  consisted primarily of tax assessments on oil and designated
                  chemicals.

                  During the five-year period of the original Superfund 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. The Superfund Amendments and Reauthorization
                  Act of 1986 (SARA) not only extended CERCLA for another
                  five years, but increased the Fund five-fold: from $1.6 billion
                  to $8.5 billion. SARA 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.
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CHAPTER 2
SUPERFUND: THE HAZARDOUS WASTE
CLEANUP PROGRAM
TRIGGER FOR
STATUTORY
RESPONSE
TYPES OF
RESPONSE
ACTIONS
                  CERCLA response authorities are triggered by a "release" or
                  a " substantial threat of a 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.

                  "Hazardous substance" is defined to include "hazardous waste"
                  under RCRA, as well as substances regulated  under CAA,
                  CWA, and TSCA.  "Pollutant or contaminant" is broadly
                  defined to include any substance that is reasonably anticipated
                  to cause illness or deformation in any organism.   Both
                  definitions specifically exclude petroleum and natural gas.

                  CERCLA authorizes two types of government response actions
                  to remedy the release of a hazardous substance:  removal
                  actions and remedial actions.

                  Removals 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.

                  Remedial actions 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 solutions to hazardous substance threats.
                  (Some current treatment remedies are estimated to cost an
                 average of $16 million and to take approximately 10 years to
                 complete.) EPA can take remedial actions only at hazardous
                 waste sites on the National Priorities List (NPL). Currently,
                 there are over 1,100 sites either on the NPL or proposed for
                 inclusion. Sites are placed on the NPL after being evaluated
                 through the Hazard Ranking System (HRS).  The HRS is a
                 model that determines the relative risk to public health and the
                 environment posed by hazardous substances in ground water,
                 surface water, air, and soil.  (The HRS is currently being
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CHAPTER 2
SUPERFUND:  THE HAZARDOUS WASTE
CLEANUP PROGRAM
TITLE III
 SUMMARY
                  revised.) It is possible that both removal and remedial actions
                  may be taken at the same site.

                  Title HI of SARA, the Emergency Planning and Community
                  Right-to-Know Act, was enacted in reaction to the more than
                  2,000 deaths caused by the release of a toxic chemical in
                  Bhopal, India.  Tide HI has two primary purposes:

                  •   To help communities prepare to respond in the event of a
                      chemical emergency

                  •   To increase the public's knowledge of the presence and
                      threat of hazardous chemicals.

                  To this end, Tide HI 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
                  to  emergencies, aiid 3) designate who will coordinate the
                  emergency response.

                  Title IE also requires facilities to notify the appropriate State
                   and local authorities if releases of certain chemicals occur.
                   Facilities also must  compile specified information about
                   hazardous substances they have on site and the threat 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.

                   CERCLA authorizes cleanup responses whenever there is a
                   release or a substantial threat of a release of a hazardous
                   substance or of a pollutant or contaminant that presents an
                   imminent and substantial danger to public health. Two types
                   of response actions include removals and remedial actions:
                   removals are  short-term  actions  to  address  emergency
                   situations; remedial actions involve a larger expenditure of
                   time and resources because they provide permanent solutions
                   to hazardous substance problems.

                   SARA Title in also  provides a number of procedures to
                   prepare communities for chemical emergencies. These include
                   emergency planning  and  community   right-to-know
                   requirements.

                       VI-11

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                CHAPTER 3

     RCRA AND SUPERFUND: HOW THE TWO
             PROGRAMS INTERACT

OVERVIEW

RELEVANT DEFINITIONS

RCRA AND REMEDY SELECTION UNDER CERCLA

RCRA CORRECTIVE ACTION VS. CERCLA RESPONSE

IMMINENT HAZARDS UNDER RCRA AND CERCLA

SUMMARY

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 CHAPTER 3
RCRA AND SUPERFUND:  HOW
THE TWO PROGRAMS INTERACT
 OVERVIEW
RELEVANT
DEFINITIONS
RCRA AND REMEDY
SELECTION
UNDER CERCLA
         As presented in the previous chapter, the distinction between
         RCRA and CERCLA is that Superfund cleans up releases of
         hazardous  wastes while RCRA manages those  wastes to
         prevent releases.  More specifically, RCRA authorizes a
         general regulatory program to manage all hazardous wastes
         from "cradle-to-grave": from generation to ultimate disposal.
         CERCLA, on the other hand, provides authority to respond
         whenever a release or a substantial threat of a release that
         threatens human health or the environment occurs. This
         section examines the major areas where  the Superfund and
         RCRA programs interact.

         RCRA and CERCLA both address hazards in the environment.
         However, CERCLA is the more comprehensive statute.
         CERCLA  "hazardous substances"  encompass RCRA
         "hazardous wastes" as well as other toxic pollutants regulated
         by the 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 as "pollutants" or  "contaminants" they present an
         "imminent and substantial danger."

         In assessing cleanup remedies, CERCLA specifically requires
         that EPA take into account  the "goals, objectives, and
         requirements" of RCRA, as well as the long-term uncertainties
         associated with land disposal, long-term maintenance costs,
         and other considerations typical of 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. Furthermore, EPA
         policy provides that removal actions attain ARARs whenever
         practicable. This means, forexample, 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 (i.e., 40 CFR
         Part 264). EPA has interpreted the law to mean that Superfund
         sites are not required to comply with  administrative
         requirements (e.g., recordkeeping and permits), but RCRA
                                        VI-12

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CHAPTER 3
    RCRA AND SUPERFUND: HOW
    THE TWO PROGRAMS INTERACT
 ARARs =
Applicable or
Relevant and
Appropriate
Requirements
 RCRA CORRECTIVE
 ACTION VS.
 CERCLA RESPONSE
technical requirements do apply as ARARs.  The National
Contingency Plan (40 CFR Part 300), which is the blueprint
for the Superfund program, details the application of ARARs
to Superfund remedial actions.

Once hazardous wastes are transported from a site, they are
considered  as  having been "generated"  under  RCRA.
Therefore, all generation, transportation, andTSD 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 facility be
inspected by EPA six months prior to receiving the waste.

For off-site land disposal of wastes, CERCLA 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.

Finally, after October 1989, EPA may not take or  fund
remedial actions in  a State unless the State  ensures the
availability of 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.

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. The
 statute 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" to cover the full
 range of possible actions, from studies and interim measures
 to full cleanups. Anyone who violates the corrective action
 order can be fined up to $25,000 per day of noncompliance
 and runs  the risk of having interim status suspended or
 revoked.

 On the whole, the CERCLA response authority has a broader
 reach than RCRA's corrective action. The RCRA provisions

    VI-13

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  CHAPTER 3
RCRAANDSUPERFUND: HOW
THE TWO PROGRAMS INTERACT
              RCRA AND CERCLA:
            DIFFERENT APPROACHES
              TO A COMMON GOAL

PROTECTION Of HUMAN HEALTH AND THE
ENVIRONMENT FROM THE RELEASE OF
HAZARDOUS SUBSTANCES

RCRA
•Rtguttsoty
Program
Enumg Safe
Manao«n«m ot
H*urtou»W*if»
A/tdNon-HaMrtout
wai:»


I
t



CERCLA
• RKPOOM Program
To Clawi Up
Hazardous
Substanc* Reteun
IMMINENT HAZARDS
UNDER RCRA
AND CERCLA
                 apply only to RCRA-regulated facilities. CERCLA, on the
                 other hand, can be utilized to require response work by any
                 potentially responsible party (PRP) at any place where there
                 is a release or potential release.  Moreover, the CERCLA
                 response authorities go beyond requiring responsible parties
                 to perform cleanup work. Under CERCLA, governmental
                 and private parties who are not PRPs can perform such work
                 and receive Fund financing. EPA can then seek reimbursement
                 from PRPs.

                 The RCRA and Superfund programs use different labels, but
                 follow roughly parallel procedures in responding to releases.
                 In both, the  first step  after discovery  of a release is an
                 examination of available data to see if an emergency action is
                 warranted. In both, short-term measures are authorized to
                 abate the immediate adverse effects of a release. Once an
                 emergency has been addressed, both programs provide for an
                 investigation and formal study of long-term cleanup options.
                 When these analyses are completed, both provide for formal
                 selection of a remedy.  The major procedural  difference
                 between the two programs involves ranking. CERCLA requires
                 that site conditions be analyzed according to the HRS and that
                 only NPL sites receive any remedial action funding. Currently,
                 no comparable requirement exists in the corrective action
                 procedures.

                 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, a State could enter into a cooperative
                 agreement or  the Federal government and the PRPs could
                 each do a portion of cleanup work pursuant to a mixed funding
                 settlement agreement.

                 Both CERCLA and RCRA contain provisions that allow EPA
                 to require persons contributing to an imminent hazard to take
                 the necessary actions to clean  up releases. Under CERCLA
                 Section 106, EPA has the authority to abate an imminent or
                substantial danger to public health or the environment that
                results from a hazardous substance release.  The authority
                under RCRA Section 7003 is essentially the same, except that
                RCRA's imminent hazard provision addresses nonhazardous
                as well as hazardous solid waste releases. In an enforcement
                action, the CERCLA and RCRA imminent hazard provisions
                may be used in tandem to strengthen the government's case.

                   VI-14

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CHAPTER 3
RCRA AND SUPERFUND: HOW
THE TWO PROGRAMS INTERACT
SUMMARY
                 The general distinction between RCRA and CERCLA is that
                 the former authorizes management of wastes while the latter
                 authorizes cleanup responses whenever there is a release of
                 wastes.  However, the two programs overlap.  For example,
                 RCRA standards are considered ARARs and are central to
                 selecting remedies under CERCLA.  Moreover, RCRA's
                 corrective action and CERCLA's  remedial  action utilize
                 parallel (but not identical) procedures.  Finally, both statutes
                 authorize EPA to act in the event of an imminent hazard.
                                         VI-15

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                  SECTION VII


               PUBLIC PARTICIPATION

OVERVIEW

GENERAL EPA PUBLIC PARTICIPATION REQUIREMENTS

-  Administrative Procedures Act
-  Freedom of Information Act

RCRA PUBLIC PARTICIPATION REQUIREMENTS

-  Statutory Requirements
   Regulations
-  Guidance

OUTREACH AND PUBLIC ASSISTANCE

-  RCRA/Superfund Hotline
-  Office of Ombudsman

SUMMARY

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SECTION VII     PUBLIC PARTICIPATION
OVERVIEW
                PUBLIC
            PARTICIPATION
 GENERAL EPA
 PUBLIC
 PARTICIPATION
 REQUIREMENTS
Administrative
Procedures Act
The right of the public to participate in government decisions
is basic to our democratic system. In few places is this right
exercised  more  than  in the  area of hazardous  waste
management. The public is deeply concerned about, and often
fearful of, the potential impacts of hazardous waste on their
health and safety. In recognition of their rights and interest in
hazardous waste management, and in a conscious attempt to
include them in the decisionmaking process, the government
gives the public numerous opportunities to get involved in all
phases of the RCRA program.

The overall goal of public participation is to build trust and
credibility, and to keep emotions, human energy, and conflicts
focused on substantive issues and  solutions.   Public
participation provides an opportunity for all interested parties
to become informed  and involved, and to influence program
development and implementation.  Further, EPA managers
have found that active public participation provides a forum to
identify and address concerns thus reducing conflict

This  chapter details the public participation framework
established for EPA and, where applicable, specifically for
RCRA. It includes descriptions of the statutory andregulatory
requirements and a summary of guidance materials that address
public participation.                                 :

In consideration of  the importance of citizen involvement,
Congress established public participation requirements that
apply to all environmental programs administered by EPA.
They are outlined in the Administrative Procedures Act ((APA)
 5 U.S.C. Sections 551-559) and include:

 •   Providing  information and soliciting  comments on all
    proposed and final Agency actions, e.g., the development
    of regulations

 •   Incorporating public comments into the decisionmaking
    process, and

 •  Establishing an appeals process  for certain  Agency
    decisions.

 State employees should consult S tate administrative regulations
 for further guidance on public participation requirements.
 The participation requirements in the Federal APA assure the
 public a voice in EPA decisionmaking.
                                             VIM

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 SECTION VII
         PUBLIC PARTICIPATION
RCRA PUBLIC
PARTICIPATION
REQUIREMENTS
             Freedom of   The Freedom of Information Act (FOIA) — which serves as
         Information Act   thegovernment'sprimarymechanismforhandlinginfonnation
                           requests — guarantees that the public will have access to
                           governmentrecords, including those of the EPA. Specifically,
                           it requires each Federal agency to establish procedures for
                           handling  FOIA  requests regarding government  statutes,
                           regulations, standards, permit conditions, requirements, orders,
                           or policies.

                           EPA, therefore, 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 confidential business
                           information  (CBI), and the need for EPA  to promote frank
                           internal policy deliberations. EPA will disclose information
                           to  any requester to the fullest extent possible  without
                           unjustifiable expense or unnecessary delay.

                           FOIA requests are written requests for records held by or
                           believed to be held by EPA. FOIA requests must reasonably
                           describe the records in a manner that will  permit proper
                           identification of government documents or records. Although
                           requesters do not  need to name the  specific documents in
                           question, they must provide  a  clear  description of the
                           information they seek. The FOIA refers to all written requests,
                           regardless of whether the requester refers to the FOIA or not.
                           Any existing form of information may be  covered, but the
                           FOIA does not require the creation of new records. A FOIA
                           request  can  be  made  by any  person,  corporation,  or
                           organization.

                          Because the issues surrounding hazardous waste management
                          often arouse intense public sentiments, the public participation
                          framework developed under RCRA further expands citizen
                          opportunity for involvement well beyond Agency-wide
                          requirements. This framework has three parts:

                          •  Statutory requirements

                          •  Regulatory requirements, and

                          •  Guidance.

Statutory Requirements    When EPA implements the RCRA program within a State, the
                          Agency gives the public access to facility and site information
                          relating  to  permitting,  compliance,  enforcement,  and
                          inspections. RCRA Section 3006 requires authorized States
                          to make this information available to the public in a manner
                                           VII-2

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SECTION VII
PUBLIC PARTICIPATION
      PUBLIC
         EPA
substantially  similar in  method  and  degree to  EPA-
implemented RCRA programs. In certain cases, however, the
information may be confidential and unavailable to the public,
(e.g., when company trade secrets are involved).

•   Public Comment: Section 3006 of RCRA requires that
    public comments be solicited before:

    -   A  State submits an application  for Subtitle C final
       authorization

    -   EPA decides to grant or deny a State authorization

    -   EPA withdraws a State's authorization, and

    -   EPA suspends or revokes a hazardous waste facility
       permit.

 •   Enforcement: Section 7002 of RCRA gives fairly broad
    legal authority to ensure that the entire RCRA program is
    properly implemented. It allows a citizen to bring a civil
    suit against any person or government agency alleged to
    be in violation of any permit, standard, regulation, condi-
    tion, requirement, or order that has become effective
    under the Act.

    HSWA expanded citizen rights to bring suit against RCRA
    violators by allowing private individuals to initiate suits
    against any past or present generator, transporter, owner,
    or operator of a facility who has  contributed  to  or is
    contributing to a condition that may present an imminent
    and substantial endangerment to human health and the
    environment.

    However, the right of citizens to bring suits under Section
    7002 is limited in  certain situations.   No suit may be
    brought if EPA or a State is already taking enforcement
    action against the alleged violator. HSWA further limits
    the reach of such suits by prohibiting them from impeding
    permit issuance or facility siting. Finally,  citizens are
    prohibited from suing transporters for problems that arise
    following the delivery of hazardous waste.
                                               VII-3

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 SECTION VII
PUBLIC PARTICIPATION
                            Regulations   The RCRA regulations under 40 CFR Part 25 focus on:

                                          •   Ensuring that the public understands the RCRA
                                              program and any proposed changes to it
                               STATES
ELECTED
OfRCUlS
     MEDIA
                                CONTRACTORS
                  PUBLIC
         Who Is Involved In
         Public Participation?
                  •   Responding to public concerns and including the public
                      in the decision-making process

                  •   Developing a close link among EPA, States, and the
                      public, and


                  •   Providing opportunities for public participation beyond
                      what is required, whenever feasible.

                  To achieve these regulatory goals, agencies implementing
                  RCRA are required to:


                  •   Provide free copies of reports upon request

                  •   Alert interested and affected parties of upcoming public
                     hearings, and


                  •   Establish EPA-funded advisory groups when an issue
                     warrants sustained input from a core group of citizens.

                  In addition to the 40 CFR Part 25 regulations, EPA's permitting
                  regulations (40CFRPart 124) also address public participation
                  They require the permitting agency to:

                  •  Notify the public of the intent to issue or deny a permit

                 •  Provide the public 45 days to comment on  the permit
                    application


                 •  Consider public comments regarding permit violations,
                    and


                 •  Notify the public of proposed major modifications to an
                    operating permit.


                 In addition, 40 CFR Parts 264 and 265 require public notice
                 and comments on RCRA closure plans.

                 In the course of administering EPA programs, agency officials
                 have access to material containing CBI, e.g., trade secrets and
                 proprietary information. Because EPA must protect the rights
                 of those who  submit privileged information, employees are
                 required to take all reasonable measures to prevent unauthorized
                 disclosure of CBI. Regulations regarding confidentiality are

                   VII-4

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SECTION VII
PUBLIC PARTICIPATION
                              Guidance
                   contained in 40 CFR Part 2, Subpart B. These apply to RCRA
                   as well as other EPA programs.

                   These regulations identify the proper procedures businesses
                   must employ to claim confidentiality.  In addition, these
                   regulations establish the guidelines EPA must use to determine
                   the validity of the claim, and impose rules for handling CBI.

                   When EPA notifies a business that it must submit confidential
                   information for review, EPA also must notify the business of
                   its right to assert a claim of confidentiality.  Businesses
                   responding to EPA's queries   must clearly identify all
                   confidential  documents, materials, and information. EPA
                   then determines the validity of the CBI claim. Businesses can
                   claim information as confidential if it meets certain criteria,
                   e. g., it has been previously protected as confidential, or it is not
                   reasonably obtainable by others.

                   Employees authorized to use CBI  are responsible for the
                   control of such information  and they may discuss CBI only
                   with other authorized persons.   Any violations should be
                   reported immediately. In addition, employees mustnotdiscuss
                   CBI  over the telephone and  when  holding confidential
                   information, they must store the confidential materials in an
                   approved container when not in use. Finally, when working
                   with representatives of businesses that have submitted CBI,
                   employees must verify the representatives' identities before
                   discussing any of the confidential information.

                   To supplement its statutory and regulatory requirements, EPA
                   developed guidance documents regarding public participation
                   in RCRA permitting. The guidance stresses the importance
                   of:

                   •  Identifying public concerns early in the permitting process

                   •  Encouraging the exchange  of information among EPA,
                       the State, the permittee, and the community

                   •  Creating open and equal access to the permitting process,
                       and

                    •  Anticipating conflicts and providing an efficient method
                       of resolution.
                                              VII-5

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SECTION vn
          PUBLIC PARTICIPATION
OUTREACH AND PUBLIC
ASSISTANCE
                           In some cases, EPA or the  State may develop a Public
                           Involvement Plan.'  This plan  outlines the steps and actions
                           EPA will take to communicate with the public during the
                           facility permitting process.

                           A number of opportunities exist for the public to obtain RCRA
                           program information and assistance, including fact sheets and
                           pamphlets. Two particularly noteworthy programs include:

                           •   The RCRA/Superfund Hotline

                           •   The Office of Ombudsman.

RCRA/Superfund Hotline    Hazardous waste regulations often seem complex  even to
                           those familiar with EPA's programs. To assist the public in
                           understanding the RCRA and Superfund  programs, EPA
                           created the RCRA/Superfund Hotline.  Anyone may call the
                           Hotline staff and ask them questions related to the RCRA and
                           Superfund programs. The Hotline is staffed by professionals
                           who are completely familiar with the latest  issues  and
                           regulations affecting EPA's hazardous waste programs. The
                           Hotline is open Monday through Friday from 8:30 AM to 7:30
                           PM, and may be contacted at either (202) 382-3000, or toll free
                           (800) 424-9346.
                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 in Headquarters
                          and each Region.  The primary  responsibilities  of  the
                          Ombudsman  are to respond  to questions and complaints
                          regarding EPA's hazardous waste program. In addition, the
                          Ombudsman makes recommendations to the Administrator
                          based on inquiries received. The Headquarters Ombudsman
                          may be reached at:

                          Office of Ombudsman
                          U.S. Environmental Protection Agency
                          Office of Solid Waste and Emergency
                            Response
                          Mail Code OS-130
                          401 M Street, S.W.
                          Washington, DC 20460
                          (202) 475-9361
                                         VII-6

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SECTION VII
PUBLIC PARTICIPATION
SUMMARY
                                         The public participation framework developed under RCRA
                                         expands citizen opportunity for involvement well beyond
                                         Agency-wide requirements (outlined in the Administrative
                                         Procedures Act and Freedom of Information Act).  This
                                         framework consists of:

                                         •  Statutory requirements

                                         •  Regulations

                                         •  Guidance.

                                         RCRA-mandated programs integrate public comment into
                                         many decisions, including State authorization  and facility
                                         permitting.

                                         EPA adheres  to legal requirements for the access to and
                                         release of information. In order to protect rights of private
                                         industry, EPA also has set standards for the use of privileged
                                         company data.   EPA strictly regulates CBI by carefully
                                         limiting employee access to such information, by strictly
                                         controlling the use and storage of such information, and by
                                         verifyingcorporate identity before discussing such information.

                                         To assist citizens with the RCRA program, EPA created a
                                          number of public outreach programs; the most noteworthy of
                                          these are the RCRA/Superfund Hotline and the Office of the
                                          Ombudsman.
                                             VII-7

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         APPENDIX A
UNIFORM HAZARDOUS WASTE MANIFEST

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-------
               Federal Register  / Vol. 53, No. 218 / Tuesday, November 8,1988 /  Rules and Regulations         4S091
Pleasa print or type.    fern dationad ttrutton *M* 112-paeh) rnwwnrar./
                                                                                                    Form Approved. OMB No. 2O6O-OO39 Eipirts »•»•»'
        UNIFORM HAZARDOUS
            WASTE MANIFEST
                                          1 Generator t US EPA ID No

                                            I   I   I   I   I   I   I   I   I   I   I
  Document No
I   I   I   I   I
is not  required  by federal
tow.
        Generator i Name and  Mailing Address
        Generator's Ptwne  <
                                                                                                    B, Sttt* Gcmraor's ID
                                                                                                    C. Slat* Transporter's"
                                                                                                                  T&-
        Transporter 1 company Name
                                                                           US EPA ID Number
                                                                                                    0. Transporter s  Pttone
                                                                                                    E. State Transporter's ID
        Transporter 2 Company Name
                                                                           u5EPAl6Nu'mtoer
                                                                                                    F. Transporter's  Ptwne
                                                                                                    G State Facility's ID
        Designated Facility Name and Site  Address
                                                                          ' U5 6PX ID lumber
                                                                                                    H. Facility's
                                                                                            12. Containers

                                                                                             No.     Type
 1  US DOT Description /Including Proptr Shipping Atone. Hsitnt Class, and ID Number/
                            Total
                          Quantity
          14
          Unit
         Wt/Vo
                                                                                                                               Waste No
                                                                                                     K. Handling Codes tor Wastes Usted Above
J.   Additional Descriptions  for M*tena*s Listed Above
      15. Special Handling Instructions and Additional  Information
      16. tiElviRAtOPVs CERtiFldATtbN: I Hereby declare that the contents of this consignment are fully and accurately described above by
         proper shipping name and are classified, packed, marked, and labeled, and are in all respects in proper condition for transport by highway
         according to applicable international and national government regulations.
         tf I am a large quantity generator, I certify that I have a program in place to reduce the volume and toxicity of waste generated to the degree I have determined to be
         economically practicable and that I have selected the practicable method of treatment, storage, or disposal currently available to me which minimizes the present and
         future threat to human health and the environment; OR. if I am a small quantity generator. I have made a good faith effort to minimize my waste generation and select
         the best waste management method that is available  to me and that I can afford.
                                                                                                                                Month  Dty   Year

                                                                                                                               I  I   I  I   I  I
    Printed/Typed Name
                                                                 Signature
       17.Transporter 1 Acknowledgement of  Receipt of Materials
          Printed/Typed  Name
                                                                      Signature
                                                                                                                          Month  Day   Year

                                                                                                                          I   I   I   I   I   I
       IS.Transporter 2  Acknowledgement of Receipt of Materials
          Printed/Typed  Name
                                                                      Signature
                                                                                                                                Month  Day   Year
       19.Discrepancy Indication Space
       20.Facility Owner or Operator  Certification of receipt of hazardous materials covered by this manifest except as noted in Item 19.
          Printed/Typed Name
                                                                      Signature
                                                                                                                          Month  Day   Year

                                                                                                                          111111
   EPA Form 8700-22 ("*». S-SS)  Previous eonions are obsolete

  MLUNQ CODE •MO-W-C

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-------
            Federal Register / VoL 53, No. 216 / Tuesday. November 8. 1968 / Rules and Regnlationa	45093
 Please pnni or type    (Form designed (or me on elue (12 pitch) typewriter I
                                                                                    Form Approved OMB No 2050-0039 E»cire* M04T
      UNIFORM HAZARDOUS
         WASTE MANIFEST
        tCtunmumtion Sheet)
                                       21 Generator s US EPA ID No
   Mamtest
I Documenl No
22 Page
Informanon  in Ihe shaded
areas is not required by Federal
law
   23 Generator's Name
                                                                                    L Stare Manifest Document Number
                                                                                    M State Generator's ID
   24 Transporter
                     Company Name
                                                    25 US EPA ID Number
                                                                                       State Transporter's 10
                                                                                    ,O Transporter's Phone
   26 Transporter
                     Company Name
                                                    27 US EPA ID Number
                                                                                    P  State Transporter'»ID
                                                                                    tO Transports'I Phone
   28 US DOT Description lladudtng Proper Shipping Name. Htiard Class, and ID Number!
       29 Containers

        No
                                                                                              30
                                                                                              Total
                  31
                  Unn
                                                                                                              o* tor Material* LiSMd Above
                                                                                     T. Handling Codes for Wastes Listad Above
    32 Special Handling Instructions and Additional Information
    33 Transporter	Acknowledgement ol Receip' o( Maienats
                                                                                                                  Date
       Printed/Typed Name
                                                        Signature
    34 Transporter	Aednowteaqement-o* Receipi ol Materials
                                                                                                                  Date
       Printed/Typed Name
                                                        Signature
    35 Discrepancy Indication Space
EPA Form 8700-22A (B«v. »-«8)  Previous edition is obsolete

[FR Doc. 25774 Filed 11-7-88; 6:45 am]
WUJNO CODE (SW-CO-C

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            APPENDIX B
LAND DISPOSAL RESTRICTIONS MANIFESTING

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          Paperwork Which Must Accompany Hazardous Waste Manifests
Waste Stream
LDR waste with
treatment standards
LDR waste without
treatment standards
("soft hammered")*
 LDR waste with
 treatment standards
 subject to variance
  Management Alternative       Paperwork


Waste concentration exceeds      Notification
LDR level. Generator sends to
treatment or storage facility
                           Waste concentration is below
                           LDR level.  Generator sends to
                           hazardous waste landfill,
                           treatment or storage facility
 Generator determines there is
 no practically available
 treatment for the waste. Sends
 waste directly to hazardous
 waste landfill


  Generator sends waste to
  practically available
  treatment facility, and the
  residue is sent to a
  hazardous waste landfill
                               Notification &
                               Certification
                                                         Demonstration
                                                         & Certification
                                                        Demonstration
                                                        & Certification
  Management sends waste      Notification
  directly to hazardous waste
  landfill
 To Whom


 Treatment
 or Storage
 Facility
  Landfill,
  Treatment
  or Storage
  Facility
Regional Admin.
& Landfill
Regional Admin.
& Treatment or
Receiving Facility
 Hazardous Waste
 Landfill
  * "Soft-hammered" designation will no longer be applicable after May 8, 1990

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          APPENDIX C
UNDERGROUND TANK NOTIFICATION FORM

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 Notification for Underground Storage Tanks
  EPA estimates public reporting burden for mi form to avenge 30 minute per rcjporae, including lime for reviewing
instructions, gathering and maintaining the data needed, and completing and reviewing the form. Send comments
regarding this burden estimate to Chief, Information Policy Branch. PM-223, VS. Environmental Protection Agency,
401 M St.. S.W.. Washington, D.C. 20460; and to the Office of Inf urination and Regulatory Affairs. Office of Manage-
ment and Budget, Wadungton, D.C. 20503. marked "Attention: De* Officer for EPA."
                                                           GENERAL INFORMATION
                                                                       I.D. Number
                                                                                          FORM APPROVED
                                                                                          OMB  NO 2650-0068
                                                                                          APPROVAL EXPIRES 9-30-91
                                                                                       STATE USE ONLY
                                                                       Date Received
    Notification is required by Federal taw for all underground tanks that have been
  used to store regulated substances since January 1,1974, that lire in the grounrf as of
  May 8,1986, or that are brought into use after May 8,1986. The information requested
  is required by Section 9002 of the Resource Conservation and Recovery Act, (RCRA),
  as amended.
    The primary purpose of this notification program is to locale and evaluate under-
  ground tanks that store or have stored petroleum or ha?ardous substances. It is
  expected that the information you provide will be based on reasonably available
  records, or. in the absence of such records, your knowledge, belief, or recollection.
    Who Must Notify? Section 9002 of RCRA. as amended, requires that, unless
  exempted, owners of underground tanks that store regulated substances must notify
  designated State or local agencies of the existence of their tanks. Owner means-
    fa) in the case of an underground storage tank in use on November 8. 1984. or
  brought into use after that date, any person who owns an underground  storage tank
  used for the storage, use. or dispensing of regulated substances, and
    (b) in the case of any underground  storage tank in use before November 8. 1984.
  but no longer in use on that date, any person who owned such tank immediately before
  the discontinuation of its use.
    What Tanks Are Included? Underground storage lank is denned as any one or
  combination of tanks that {I) is used to contain an accumulation of "regulated sub-
  stances." and (2) whose volume (including connected underground piping) is 10% or
  more beneath the ground. Some examples arc underground tanks storing: I. gasoline.
  used oil. or diesel fuel, and 2. industrial solvents, pesticides, herbicides or fumigants.
    What Tanks Are Excluded? Tanks removed from the ground are not subject to
  notification. Other tanks excluded from notification are:
  1. farm or residential tanks of 1.100 gallons or less capacity used for storing motor fuel
  for noncommercial purposes;
  2. tanks used for storing heating oil forconsumptive use on the premises where stored:
  3. septic tanks:
                                                  4. pipeline facilities (including gathering lines) regulated under the Natural Gas
                                                  Pipeline Safety Act of 1968. or the Ha/ardous Liquid Pipeline Safety Act of 1979. or
                                                  which is an intrastate pipeline facility regulated under State laws:
                                                  5. surface impoundments, pits, ponds, or lagoons:
                                                  6. storm water or waste water collection systems:
                                                  7. flow-through process tanks:
                                                  8. liquid traps or associated gathering lines directly related to oil or gas production and
                                                  gathering operations:
                                                  9. storage  tanks situated  in an underground  area (such as a basement, cellar.
                                                  mineworking. drift, shaft, or tunnel) if the storage tank is situated upon or above the
                                                  surface of the floor.
                                                    What Substances Are Covered? The notification requirements  applv to under-
                                                  ground storage tanks that contain regulated substances. This includes any substance
                                                  defined as ha/ardous in section 101 (14) of the Comprehensive Environmental
                                                  Response. Compensation and Liability Act of 1980(CERCLA). with the exception of
                                                  those substances regulated as ha/ardous waste under Subtitle C of RCRA. It also
                                                  includes petroleum, e.g.. 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).
                                                    Where To Notify?  Completed notification forms should be sent to the address
                                                  given at the top of this page.
                                                    When To Notify? 1. Owners of underground storage tanks in use or that ha\ c been
                                                  taken out of operation after January I. 1974. but still in the ground, must noiih by
                                                  May 8. 1986. 2. Owners who bring underground storage tanks into  use alter Ma> K.
                                                  1986, must notify within 30 days of bringing the tanks into use.

                                                     Penalties:  Any owner who knowingly fails to notify or submits false information
                                                  shall be subject to a  civil penalty  not to exceed 510,000 for each tank for which
                                                  notification is not given or for which false information is submitted.
                                                                  INSTRUCTIONS
    Please type or print in ink all items except "signature" in Section V. This form must be completed for each
  location containing underground storage tanks. If more man S tanks are owned at this location, photocopy the
  reverse side, and staple continuation sheets to this form.
                                                                                    Indicate number of
                                                                                    continuation sheets
                                                                                    attached
                       I. OWNERSHIP OF TANK(S)
                                                                                                  II. LOCATION OF TANK(S)
 Owner Name (Corporation, Individual. Public Agency, or Other Entity)
 Street Address
 County
 City
                                   State
                                                        ZIP Code
  Area Code      Pnone Number
  Type of Owner (Marie all that apply &)

  C] Current        (~l State or Local Gov't

  I  I Former
Federal Gov't
(GSAfacilityLD.no.
D
Private or
Corporate
Ownership
uncertain
                                                                 (If same as Section 1, mark box here Q )

                                                   Facility Name or Company Site Identifier, as applicable



                                                   Street Address or State Road, as applicable


                                                   County
                                                                             City (nearest)
                                                                                                                 State
                                                                                                                                 ZIP Code
Indicate
number of
tanks at this
location
Mark box here if tank(s)
are located on land within    i—i
an Indian reservation or      L_t
on other Indian trust lands
                                                     II. CONTACT PERSON AT TANK LOCATION
  Name (If same as Section I, mark box here  LJ )
                                    Job Title
                                                             IV. TYPE OF NOTIFICATION
                                                                                                                Area Code
                                                                                                                                 Phone Number
                                     Mark box here only if this is an amended or subsequent notification for this location.
                                            V. CERTIFICATION (Read and sign after completing Section VI.)
   I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached
   documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the
   submitted information is true, accurate, and complete.
   Name and official title of owner or owner's authorized representative
                                                Signature
                                                                                                                    Date Signed
                                                              CiONTINUE ON REVERSE SIDE
EPA Form 753O-1 (Revised 9-88,
                                                                                                                                              Pagel

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Owner Mime (from Section I).
. Location (from Section II).
                                                                                                      Page No	of	Pages
| VI. DESCRIPTION OF UNDERGROUND STORAGE TANKS (Complete for each tank at thislocation.) I
Tank Identification No. (e.g., ABC-123), or
Arbitrarily Assigned Sequential Number (e.g., 1 ,2,3...)
1. Status of Tank _ .. . , ,
(Mar* all that applyn) T Cu.^ "i !"Se
' ' Temporanly Out of Use
Permanently Out of Use
Brought into Use after 5/8/86
2. Estimated Age (Years)
3. Estimated Total Capacity (Gallons)
4. Material of Construction „
(Marie one a) „ bteei
1 ' Concrete
Fiberglass Reinforced Plastic
Unknown
Other, Please Specify
5. Internal Protection _
(Mark all that apply W Cathodic Protection
Interior Lining (e.g., epoxy resins)
None
Unknown
Other, Please Specify
6. External Protection ,. .. .. _. . ..
(MaXiJithatapplyn) Cathod.c Protect.cn
i rt», BJ/ pamted (e.g., asphaltic)
Fiberglass Reinforced Plastic Coated
None
Unknown
Other, Please Specify
7. Piping
•(Mark all that apply so) „ , bare^teei
™ ' Galvanized Steel
Fiberglass Reinforced Plastic
Cathodically Protected
Unknown
Other, Please Specify
8. Substance Currently or Last Stored a pm_h.
In Greatest Quantity by Volume a. tmpiy
(Markanthatapplyu). b. Petroleum
Diesel
Kerosene
Gasoline (including alcohol blends)
Used Oil
Other, Please Specify
c. Hazardous Substance
Please Indicate Name of Principal CERCUA Substance
OR
Chemical Abstract Service (CAS) No.
Mark box Q if tank stores a mixture of substances
d. Unknown
9. Additional Information (for tanks permanently
taken out ot service)
a. Estimated date last used (mo/yr)
b. Estimated quantity of substance remaining (gal.)
c. Mark box B if tank was filled with inert material
(e.g., sand, concrete)
Tank No.
CZZI
czzi
CZZI
CZZI


LZZ]
LZZ]
cm
CUD
LZ=I
LZZl
LZZ]
cm
cm
LZZl
LHH
EZH
LZZI
mn
CUD
czn
LZZl
czn
CUD
EZH •
E=H
czn
czn
dZ]

CZZI
dZ]
/

czzi
Tank No.
czn
czn
CUD
czu


CZZI
CZZI
CZZI
CZZI
CZZI
CZZI
CZZI
CZZI
CZZI
CZZI
CZZI
CZZI
CZZI
CZZi
CZZI
CZZI
CZZI
CZZI
CZZI
CZZI
CZZI
CZZI
CZZi

LZZ3
rzn
/

CZZ!
Tank No.
CZZI
CZZI
czn
LZZH


CZZI
CZZI
CZZI
CZZI
CZZI
CZZI
CZZI
CZZI
CZZI
CZZI
CZZI
CZZI
CZZJ
LZZD
CZZI
CZZI
CZZi
CZZI
CZZI
CZZI
CZZI
CZZI
CZZI
CZZI

CZZi
I — I
/

CZZI
Tank No.
CZZl
CZZI
CZZi
CZZI


CZZI
CZZ]
CZZI
CZZI
CZZi
CZZI
CZZI
CZZI
CZZI
CZZi
CZZ)
CZZI
.CZZI
CZZi
CZZI
CZZI
CZZl
CZZI
CZZ
CZZl
CZZl
CZZl
CZZl
CZZl

CZZl
/

CZZI
Tank No.
CZZI
CZZI
CZZl
CZZJ


CZZ)
CZZI
CZZI
CZZ3
CZZI
CZZI
CZZl
CZZI
CZZ]
CZZI
CZZ3
czn
CZZl
CZZI
CZZI
CZZl
CZZl
CZZl
CZZ]
CZZi
CZZl
CZZI
CZZ]
CZZl

CZZI
I — I
/

CZZl
EPA Form 7530-1 (Revised 9-88) Reverse p 2

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      Owner Name (from Section I).
Location (from Section II).
                                                                                        Page No.
                                                      .of.
.Pages
                 VII CERTIFICATION OF COMPLJIANCEUCOMPLETE' FOR ALL NEW TANKS AT THIS LOCATION)
   10.  Installation (mark all that apply):
        LJ  The installer has been certified by the tank and piping manufacturers.
        I	I  The installer has been certified or licensed by the implementing agency.
        I	|  The installation has been inspected and certified by a registered professional engineer.
        CJ  The installation has been inspected and approved by the implementing agency.
        I	|  All work listed on the manufacturer's installation checklists has been completed.
        I	|  Another method was used as allowed by the implementing agency. Please specify:
    11.  Release Detection (mark all that apply):
        I	I  Manual tank gauging.
        I	I  Tank tightness testing with inventory controls.
        I	I  Automatic.tank gauging.
        I—I  Vapor monitoring.
        I—I  Ground-water monitoring.
        I	I  Interstitial monitoring within a secondary barrier.
        I	I  Interstitial monitoring within secondary containment.
        I	I  Automatic line leak detectors.
        I	I  Line tightness testing.
         I	I  Another method allowed by the implementing agency. Please specify:
    12.  Corrosion Protection (if applicable)
         I	I AS specified for coated steel tanks with cathodic protection.
         I	I As specified for coated steel piping with cathodic protection.
         I	I Another method allowed by the implementing agency. Please specify:
    13.  I have financial responsibility in accordance with Subpart I. Please specify:
         Method:
         Insurer:
         Policy Number:
     14.  OATH:  I certify that the information concerning installation provided in Item 10 is true to the best of my belief and knowledge.
         Installer:   	,	_	——	      	
                                             Name
                                                                                                    Date
                                                                     Position
                                                                    Company
EPA Form 7530-1 (9-88)
                                                                                                                           Page 3

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         APPENDIX D




MEDICAL WASTE TRACKING MANIFEST

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                 MEDICAL WASTE TRACKING FORM
,*&
      Generator's Name and Mailing Address
       Telephone Number (     )
      . Transporter's Name and Mailing Address
     EPA Med. Waste ID No.
     8. Destination Facility Name and Address
     11. US EPA Waste Description
      a. Regulated Medical Waste (Untreated)
      b. Regulated Medical Waste (Treated)
      c: State Regulated Medical Waste
    2. Tracking Form Number
                                                     4. State Permit or ID No.
    6. Telephone Number
                                                     7. State Transporter Permit or ID No.
    9. Telephone Number
                                                      10. State Permit or ID No.
12. Total No.
   Containers
13. Total Weight
   or Volume
     14. Special Handling Instructions and Additional Information
      15. Generator's Certification:
       Under penalty of criminal and civil prosecution for the making or submission of false statements, representations, or
       omissions, I declare, on behalf of the generator
       that Ihe contents of this consignment are fully and accurately described above and are classified, packaged, marked, and
       labeled in accordance with all applicable State and Federal laws and regulations, and lhat I have been authorized, in writing.
       to make such declarations by the person in charge of the generator's operation.

                                                   j          	
       Printed/Typed Name
                                            Signature
                                                                                          jo:
                            INSTRUCTIONS FOR COMPLETING MEDICAL WASTE TRACKING FORM

                         Copy 1 — GENERATOR COPY:  Mailed by Destination Facility to Generator
                          ;opy 2 — DESTINATION FACILITY COPY: Retained by Destination Facility
                          ;opy 3 — TRANSPORTER COPY:  Retained by Transporter
                          !opy 4 — GENERATOR COPY:  Retained by Generator
                         As required under 40 CFR Part 259:
                         1  This multicopy (4-page) shipping document must accompany each shipment of regulated medical
                            waste generated in a Covered State.
                         2.  Items numbered 1 -14 must be completed before the generator can sign the certification. Items 4, 7,
                            10,11c, & 19 are optional unless required by the State. Item 22 must be completed by the
                            destination facility.

                            For assistance in completing this form, contact your nearest State office or Regional EPA office, or
                            call (800) 424-9346.                                     	
                                             16. Transporter 1 (Certification of Receipt of Medical Waste as described in items 11,  12, & 13)
                                                                                                  Printed/Typed Name
                                                                                                                                     Signature
                                              17. Transporter 2 or Intermediate Handier
                                                 (name and address)
                                                                                                EPA Med. Waste ID No.
                                                                                                                                                18. Telephone Number
19. State Transporter
   Permit or ID No.
                                              20. Transporter 2 or Intermediate Handler (Certification of Receipt of Medical Waste as
                                                 described in items 11,12, & 13)
                                                                                                   Printed/Typed Name
                                                                                                                                     Signature
                                                                                                                                                                       Date
                                                                                               21. New Tracking Form Number (for consolidated or remanifested waste)
                                              22. Destination Facility (Certification of Receipt of Medical Waste as described in items 11.12, & 13)
                                                 f_]  Received in accordance with items 11,12, & 13


                                                  Printed/Typed Name                     Signature                           Date

                                                      (If other than destination facility, indicate address, phone, and permit or ID no. in box 14.)	

                                              23. Discrepancy Box (Any discrepancies should be noted by item number and initials)

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  APPENDIX E




EPA ORGANIZATION

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-------
EPA
Regional  Offices
                                                              B os ion
                                                             New Y ork

                                                          Philadelphia

                                                          EL
          Regions
      4 —Alabama
     10 —Alaska
      9 —Arizona
      6 —Arkansas
      9 —California
      8 —Colorado
      1 —Connecticut
      3 — Delaware
      3—D.C.
      4 —Florida
      4 —Georgia
      9 —Hawaii
     10 —Idaho
      5 —Illinois
      5 —Indiana
      7 — Iowa
      7 — Kansas
      4 — Kentucky
      6 —Louisiana
    Regions
1 —Maine
3 —Maryland
1 —Massachusetts
5 —Michigan
5 —Minnesota
4 —Mississippi
7 —Missouri
8 —Montana
7 — Nebraska
9 — Nevada
1 _ New Hampshire
2 —New Jersey
Q — New Mexico
2 — New York
4 —North Carolina
8 — North Dakota
5 —Ohio
 6 —Oklahoma
10 —Oregon
    Regions
 3 —Pennsylvania
 1 — Rhode Island
 4 —South Carolina
 8 —South Dakota
 4 —Tennessee
 6 —Texas
 8 — Utah
 1 —Vermont
 3 —Virginia
10 —Washington
 3 —West Virginia
 5 —Wisconsin
 8 —Wyoming
 g —American Samoa
 9 —Guam
 2 — Puerto  Rico
 2 —Virgin Islands

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REGIONAL ADDRESSES AND TELEPHONE NUMBERS
 REGION 1	  John F. Kennedy Federal Building -- Room 2203
                Boston, MA 02203
                FTS - 8-835-3715 DDD - (617) 565-3715

 REGION 2	  26 Federal Plaza ~ Room 900
 KfcUiUW 2.      New York) ^ 1027g

                FTS - 8-264,2657 DDD - (212) 264-2657

 REGION 3	  841 Chestnut Street
                Philadelphia, PA 19107
                FTS - 8-597-9800 DDD - (215) 597-9800

 REGION 4	  345 Courtland Street NE
                Atlanta, GA 30365
                FTS - 8-257-4727 DDD - (404) 347-4727

 REGION 5	  230 South Dearborn Street
                Chicago, IL 60604
                FTS--8-353-2000 DDD--(312) 353-2000

 REGION 6	  First Interstate Bank Tower at Fountain Place
                1445 Ross Avenue - 12th ROOT, Suite 1200
                Dallas, TX 75202
                FTS - 8-255-6444 DDD - (214) 655-6444

 REGION 7	  726 Minnesota Avenue
                Kansas City, KS 66101
                FTS - 8-276-7000 DDD -- (913) 551-7000

 REGION 8	  One Denver Place - Suite 500
                999 18th Street
                Denver, CO 80202-2405
                FTS -- 8-330-1603

 REGION 9	  1200 Sixth Avenue
                Seattle, WA 98101
                FTS - 8-399-1200 DDD -- (206) 442-1200

 REGION 10	 1235 Mission Street
                San Francisco, CA 94103
                FTS -- 8-556-6322 DDD ~ (415) 556-6322

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          APPENDIX F
HELPFUL ENVIRONMENTAL INFORMATION
             NUMBERS

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        HELPFUL ENVIRONMENTAL INFORMATION
                              NUMBERS
EPA OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
   Office of Solid Waste and Emergency Response (OSWER)
   Office of Ombudsman
   Office of Program Management
   Office of Solid Waste (OSW)
   Office of Underground Storage Tanks (OUST)
   Office of Waste Programs Enforcement (OWPE)
   Office of Emergency and Remedial Response (OERR)
   Chemical Emergency Preparedness Office
   Technology Innovation Office
EPA DOCKETS
   Resource Conservation and Recovery Act (RCRA)
   Comprehensive Environmental Response, Compensation,
     and Liability Act (CERCLA)
   Clean Air Act (CAA)
   Underground Storage Tanks (UST)
   Safe Drinking Water Act (SDWA)
   Toxic Substances Control Act (TSCA)
   Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

EPA HOTLINES
   RCRA/CERCLA Hotline
202-382-4610
202-475-9361
202-475-8716
202-382-4627
202-382-4756
202-382-4814
202-382-2180
202.-475-8600
202-475-8716

202-475-9327

202-382-3046
202-382-7548
202/475-9720
202-382-7380
202-382-3587
202-557-2805
 202-382-3000
 800-424-9346
    FIFRA/General Pesticide Information
 202-557-7090
 800-858-7378

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          HELPFUL ENVIRONMENTAL INFORMATION
                         NUMBERS (continued)
   TSCA Asbestos Hotline
   Safe Drinking Water Act Hotline

   Chemical Emergency Preparedness Program (CEPP) Hotline
   Asbestos in Schools Hotline
OTHER INFORMATION NUMBERS
   EPA Small Business Hotline
   EPA Public Information Center
   EPA Headquarters Library
   National Response Center for Oil and Hazardous Materials Spills
202-554-1404
202-382-5533
800-426-4791
202-479-2449
800-353-0202
202-554-1404
800-835-6700
800-368-5888
202-475-7751
202-382-5921
202-426-2675
800-424-8802

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 APPENDIX G




RCRA ACRONYMS

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       RCRA Acronyms  and Commonly  Used  Terms
AA

AG

PO

ARAR


ASTSWMO


BOYSNC


CA

CAA

CBI

GDI

CEI

CERCLA


CERCLIS

CFR

CME


CMEL

CMI

 CMS

 C/PC
Assistant  Administrator

Attorney  General

Administrative  Order

Applicable  or Relevant  and Appropriate
Requirement

Association of State  and Territorial Solid
Waste  Management  Officials

Beginning-Of-Year   Significant  Non-
Compliers

Corrective  Action

Clean Air Act

Confidential  Business  Information

Case  Development   Inspection

Compliance  Evaluation  Inspection

Comprehensive   Environmental   Response,
Compensation and Liability Act

CERCLA Information System

Code of Federal  Regulations

Comprehensive  Ground  Water  Monitoring
Evaluation

Compliance  Monitoring  Evaluation  Log

Corrective  Measures   Implementation

Corrective Measures Study

 Closure/Post-closure

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 CSI

 CWA

 DAA

 DOE

 DOT

 DOT

 EPI

 ERP

 FFCA

 FFIS

 FIFRA


 FOIA

 FR

 FY

 GWM

 HWDMS

 HSWA


 IDF

LDR

LOIS

MOA
 Compliance   Sampling  Inspection

 Clean Water  Act

 Deputy  Assistant  Administrator

 Department  of Energy

 Department  of  Justice

 Department  of  Transportation

 Environmental  Priorities   Initiative

 Enforcement  Response  Policy

 Federal  Facility  Compliance  Agreement

 Federal  Facility  Information  System

 Federal  Insecticide, Fungicide  and
 Rodenticide  Act

 Freedom of  Information Act

 Federal  Register

 Fiscal  Year

 Ground-Water Monitoring

 Hazardous  Waste Data  Management System

 Hazardous  and Solid Waste Amendments of
 1984

 Land  Disposal  Facility

 Land  Disposal Restrictions

Loss of  Interim Status

Memorandum  of Agreement

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MPRSA
Marine  Protection,  Research  and
Sanctuaries  Act
MSWLF

NOD

NOV

NPL

NRC


NSWMA


OERR

GSM

OMB

0/0

OSW

OSWER


OUST

OWPE

RA

RCRA

RCRIS

RD&D

RFA

RFI
Municipal Solid Waste  Landfill

Notice of Deficiency

Notice of Violation

National  Priorities  List

Nuclear  Regulatory  Commission;  National
Response  Center

National  Solid  Waste  Management
Association

Office of Emergency  and  Remedial  Response

Operation  and  Maintenance

Office of Management  and  Budget

Owner/Operator

Office of Solid  Waste

Office of Solid Waste and Emergency
Response

Office of Underground Storage  Tanks

Office of Waste Programs  Enforcement

Regional  Administrator

Resources  Conservation  and Recovery  Act

RCRA  Information System

Research,  Demonstration  and  Development

RCRA Facility Assessment

RCRA  Facility  Investigation

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RIP

SARA


SCRAM


SDWA

SNC

SOP

STARS


SQG

SWMU

T£GD

TSCA

TSDF

UST
RCRA Implementation Plan

Superfund Amendments  and
Reathorization Act  of  1986

The  State Consolidated RCRA Authorization
Manual

Safe Drinking Water Act

Significant Non-Complier

Standard  Operating Procedures

Strategic  Targeted  Activities
for Results System

Small  Quantity Generator

Solid Waste  Management  Unit

Technical  Enforcement Guidance Document

Toxic Substances  Control Act

Treatment, Storage, and Disposal Facility

Underground  Storage Tank
                               •U.S. GOVERNMENT PRIKTING OFFICE: 1995-619-795

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