Monday
June 12, 1989
Part SV
Protection Agency
Draft Guidance to Hazardous Waste
Generators on the Elements of a Waste
Minimization Program; Notice and
Request for Comment
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25056
Federal Register / Vol.' 54, No. Ill / Monday, June 12. 1989 / Notices^
ENVIRONMENTAL PROTECTION
AGENCY
[OSWER-FR-3421-1]
Draft Guidance to Hazardous Waste
Generators on the Elements of a
Waste Minimization Program
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Draft guidance and request for
comment.
SUMMARY: Comments are being solicited
on the following document, entitled
Draft Guidance to Hazardous Waste
Generators on the Elements of a Waste
Minimization Program. This guidance
was developed to assist hazardous
waste generators in complying with the
carlification requirements of sections
3002(b) and 3005(h) of the Solid Waste
Disposal Act, as amended by the
Resource Conservation and Recovery
Act(RCRA) and the Hazardous and
Solid Waste Amendments of 1984 •
(HSWA), which became effective on
September 1,1985.
An effective waste minimization
program as viewed by the Agency
should have the following basic
elements: (1) Top Management Support;
(2) Characterization of Waste
Generation; (3) Periodic Waste -
Minimization Assessments; (4) A Cost
Allocation System; (5) Encouragement of
Technology Transfer, and (6) Program
Evaluation. While these elements
provide guidance to generators on how a
minimization program for hazardous
waste may be structured, the Agency
believes that they are equally valid for
the design of a multi-media source
reduction and recycling program. This
guidance is consistent with EPA's belief
that facilities should have broad
pollution prevention programs with the
goal of preventing or reducing wastes,
substances, discharges and/or
emissions to all environmental media—
air, land, surface water and ground
water.
Related Action: EPA published in the
Federal Register, on January 26,1989 (04
FR 3845), a proposed policy statement
on source reduction and recycling. This
policy commits the Agency to a
preventive strategy to reduce or
eliminate the generation of
environmentally-harmful pollutants
which may be released to the air, land,
surface water or ground water. It further
proposes to incorporate this preventive
strategy into EPA's overall mission to
protect human health and the
environment by making source
reduction a priority for every aspect of
Agency decision-making and planning,
with environmentally-sound recycling as
a second priority over treatment and
disposal. Today's draft guidance is an
example of the application of this policy
in the RCRA program for hazardous:
'waste.
DATES: EPA urges interested .parties to
comment on this draft notice in writing.
The deadline for submitting written
comments is September 11,1989.
ADDRESSES: All comments must be
submitted (original and twotsopies) to:
EPA RCRA Docket (room SE-201) (mail
code OS-305), 401 "M" Street, SW.,
Washington, DC 20460. Place the docket
number, # F-88-WMPP-FFFFF, on your
comments.
FOR FURTHER INFORMATION, CONTACT:
James Lounsbury, Office of Solid Waste,
(202) 382-4807, or the RCRA Hotline
(800-424-9346).
Draft Guidance to Hazardous Waste
Generators on the Elements of a Waste
Minimisation Program
/. Purpose
The purpose of today's notice is to
provide non-binding guidance to
generators of regulated hazardous
wastes on what'constitutes a "program
in place" to comply with the
certification requirements of sections
3002(b) and 3005(h) of the Solid Waste
Disposal Act, as amended by the
Resource Conservation and Recovery
Act (RCRA) and the Hazardous and
Solid Waste Amendments of 1984
(HSWA). Such certifications require .
generators to implement programs to
reduce the volume and toxicity of
hazardous wastes generated to the
extent economically practicable. This
guidance is intended to fulfill a
commitment made by EPA in its 1986
report to Congress entitled,
Minimization of Hazardous Waste.l
II. Background
With the passage of HSWA, Congress
established a national policy declaring
the importance of reducing or
eliminating the generation of hazardous
waste. Specifically, section-1003(b)
states:
The Congress hereby declares it to be a
national policy of the United States that,
wherever feasible, the generation of
hazardous waste is to be reduced or
eliminated as expeditiously as possible.
Waste that is nevertheless generated should
be treated, stored, or disposed of so as to
minimize present and future threat to human
health and the environment.
In this declaration, Congress
established a clear priority for reducing
or eliminating the generation of
hazardous wastes (a concept referred to
as waste minimization) over managing
wastes that were "nevertheless"
generated. '
EPA believes that hazardous waste
minimization means the reduction, to
the extent feasible, of hazardous waste
that is generated prior to treatment,
storage or disposal of the waste. It is
defined as any source reduction or
recycling activity that results in either:
(1) Reduction of total volume of
hazardous waste; (2) reduction of
toxicity of hazardous waste; or (3) both,
as long as that reduction is consistent
with the general goal of minimizing
present and future threats to human
health and the environment.2
Waste minimization can result in
significant benefits for industry. EPA
'*• believes an effective waste
minimization program will contribute to:
. (1) Minimizing quantities of regulated
hazardous waste generated, thereby
reducing waste management and
compliance costs;
(2) Improving product yields;
(3) Reducing or eliminating
inventories and releases of "hazardous
chemicals" reportable under Title III of
the Superfund Amendments and
Reauthorization Act; and/or
' (4) Lowering Superfund, corrective
action and toxic tort liabilities.
Besides establishing the national
policy, Congress also enacted several
provisions in HSWA for implementing
hazardous waste minimization. These
included a generator certification on
hazardous waste manifests and permits
for treatment, storage, or disposal of
hazardous waste. RCRA 3002(b). These
certifications (effective September 1,
1985) require generators certify two
conditions: That (1) the generator of the
hazardous waste has a program in place
to reduce the volume or quanily and
toxicity of such waste to the degree
determined by the generator to be
economically practicable; and (2) the
proposed method of treatment, storage
or disposal is that practicable method
currently available to the generator
which minimizes the present and future
1 51 FR 44683 (12/11/86). Notice of Availability of
the report to Congress.
' 2 Hazardous waste minimization involves volume
or toxicity reduction through either a source
reduction or rscj'dins technique and results in thi;
reduction of risks to human health and the
environment. The transfer of hazardous constituents
from one environmental medium to another does
nol constitute waste minimization. Neither would
concentration conducted solely for reducing volume
unless, for example, concentration of the waste
allowed for recovery of useful constituents prior to
treatment and disposal. Likewise, dilution as a
means of toxicity reduction would not be
considered waste minimization, unless later
recycling steps were involved.
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Federal Register /
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25057
threat to human health and the
environment.
In addition, Congress also added a
new provision in 1984 that requires
hazardous waste generators to identify
in their biennial reports to EPA {or the
State): (1) The efforts undertaken during
the year to reduce the volume and.
toxiciiy of waste qeneratad; and (.?.] the
changes in volume and toxicity actually
achieved in comparison with previous
yuars, to the extent such information.^
available prior to 1934 [RCRA CG02
(aj(6)J.
Today's notice provides non-binding
guidance to hazardous waste generators
in response to- the certification
requirements in HSWA. Specifically, it
addresses the first of the certification
conditions that states that, "the
generator of the hazardous waste has a
program in place to reduce the volume
or quantity and toxicity of such waste to
the degree determined to be
economically practicable."
EPA is not, however, providing
guidance on the determination of the
phrase "economically practicable". As
Congress indicated in its accompanying
report to HSWA 3 the term
"economically practicable" is to be
defined and determined by the generator
and is not subject to subsequent re-
evahiation by EPA. The generator of the
hazardous waste, for purposes of this
certification, has the flexibility to —
determine what is economically
practicable for the generator's
circumstances. Whether this
determination is made for all of its
operations or on a site-specific basis is
for the generator to decide.
EPA has received numerous inquiries
on what constitutes a waste
minimization program. In today's notice
EPA is-providing draft guidance to
hazardous waste generators on what the
. Agency believes are the basic elements
of a waste minimization program.
EPA believes that today's guidance
may provide direction to large quantity
and small quantity generators in
fulfilling their manifest certification
requirement. Small quantity generators,
while not subject to the same "program
in place".certification requirement as
large quantity generators, have to certify
that they have "made a good faith effort
to minimize" tlieir waste generation.
The elements discussed here reflect
the-results of agency analyses
conducted over the last several years
3 S. Rep. No. 98-284. 98th Ccng., 1st Sess. (1983)
and extensive interaction with private
and public sector waste minimization -
program managers. EPA.believes that an
effective waste' minimization program
should include each of the general
elements discussed below, although
EPA realizes that some of these
elements may be implemented in
different waj's depending or. the
preferences of individual firms.
A. Top Management Support. Top
management should ensivrs ihat ;vasto
minimization is a company-wide effort.
There are many ways to accomplish this
goal. Some of the methods described
below may be suitable for some firms
and not others. However, some
combination of these techniques should
be used by every firm to demonstrate
top management support.
—Make waste minimization a
company policy. Put this policy in
writing and distribute it to all • .
departments. Make it each person's
responsibility to identify opportunities
for minimizing waste. Reinforce the
policy in day-to-day operations, at
meetings and other company functions.
—Set specific goals for reducing the
volume or toxicity of waste streams.
—Commit to implementing
recommendations identified through
assessments, evaluations or other
means. ' . •
—Designate a waste minimization
-coordinator at each facility to ensure
effective implementation of the program.
—Publicize success stories. It will
trigger additional ideas.
—Reward employees that identify
cost-effective waste minimization
oportunities.
. —Train employees on aspects of
waste minimization that relate to their
job. Include all departments, such as
those hi product'design, capital
planning, production operations, and
maintenance.
B. Characterization of Waste
Generation. Maintain a waste
accounting system to track the types,
amounts and hazardous constituents of
wastes and the dates they are
generated.
C. Periodic Waste Minimization
Assessments. Track materials that
eventually wind up as waste, from the
loading dock to the point at which they
become a waste.
—-Identify opportunities at all points
in a process where materials can be
prevented from becoming a waste (for
example, by using less material,
recycling materials in the process.
finding substitutes, or making equipment
changes). Individual processes or
facilities should be reviewed
periodically. Larger companies may find
it useful to establish a team of
independent experts.
-rDetermine the true costs of the
waste. Calculate the costs of the
materials fo'.'.nd in the waste stream
based on tha purchase price of those
materials. Caurahite the cost of
managing 'he wastes ihdt are ^eneratuu.
including costs for personnel,
recordkeeping, transportation, liability
insurance, pollution control equipment,
treatment and disposal and others.
D. A cost allocation system.
Departments and managers should be .
charged "fully-loaded" waste
management costs for the wastes they
generate, factoring in liability,
compliance and oversight costs.
E. Encourage Technology Transfer.
Seek or exchange technical information
on waste minimization from other parts
of your company, from other firms, trade
associations, Slate and university
technical assistance programs or
professional consultants. Many
techniques have been evaluated and
documented that may be useful in your
facility.
F. Program Evaluation. Conduct a -
periodic review of progra*n
effectiveness. Use these reviews to
provide feedback and identify potential
areas for improvement.
Although waste minimization
practices have demonstrated their
usefulness and"benefits to those
generators that have implemented such
programs, many others still have not
practiced waste minimization. Today's
guidance on effective waste
minimization practices may help
encourage regulated entities to
investigate waste minimization
alternatives, implement new programs,
or upgrade existing programs. Although
the approaches described above are
directed toward minimizing hazardous
solid waste, they are equally valid for
design of multi-media source reduction
and recycling programs.
EPA requests comments on all aspects
of this guidance.
Date: June 2.1989.
William K. Reilly,
Administrator.
[FR Doc. 89-13845 Filed 6-9-89; 8:45 am]
BILLING CODE 6560-50-M
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