530SW86001
RCRA
ORIENTATION
MANUAL
JANUARY 1986
THIS MANUAL WAS DEVELOPED BY THE
U.S. ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF SOLID WASTE
401M STREET SW
WASHINGTON D.C. 20460
For sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402
-------
ACKNOWLEDGEMENTS
This manual was developed by Robert Knox of the Office of Solid Waste, U. S.
Environmental Protection Agency, and Barbara Schick McDonough and Eric Jay Dolin of
Booz, Allen and Hamilton, Bethesda, Md. It is a pleasure to acknowledge the assistance
of the following EPA staff who kindly provided information and technical review: Kate
Connors, Alan Corson, Jeff Denit, George Faison, Michael Flynn, Pat Fox, Lloyd Guerci,
Bill Hansen, Penny Hansen, Jack Lehman, Frank McAlister, Jim Michaels, Joan Warren,
and Bill Rusin, Denise Wright and Travis Wagner of the RCRA Hotline, and the new
RCRA employees of the State of Utah. Our appreciation also goes to Nancy Deck and
Katherine Robleski for all their support. In addition, we wish to thank the New England
Interstate Water Pollution Control Commision for allowing us to use the graphic on p. 1-9.
This document has been reviewed by the U.S. Environmental Protection Agency and
approved for publication. Any trade names or commercial products are only examples 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 Solid Waste (WH 562)
U.S. EPA
401 M St. S.W.
Washington D.C., 20460
in
-------
A NOTE TO THE READER
By Marcia E. Williams -- Director, EPA Office of Solid Waste
Since its inception, the Resource Conservation and Recovery Act (RCRA) has evolved
from a relatively small program dealing primarily with the management of non-hazardous
solid waste into a large, complex program that focuses mainly on hazardous solid waste.
The regulated community that comes under RCRA's jurisdiction consists of thousands of
generators, transporters, and treatment, storage, or disposal facilities spread throughout the
nation.
With the signing of the Hazardous and Solid Waste Amendments on November 8, 1984,
the requirements and the coverage of the RCRA program greatly expanded. Not only were
additional statutory and regulatory burdens placed on already existing parts of the program,
but also an entirely new Subtitle of the Act was created to address the problem of
underground storage tanks that may be leaking hazardous substances or petroleum products
into the environment.
As the RCRA program has grown, so too has the Agency's ability to implement it.
Nevertheless, we are still a long way from where we want and need to be. Just when we
begin to understand how to approach and resolve a particular problem another one takes its
place.
In order to improve the RCRA program and make it run more smoothly, the Office of
Solid Waste (OSW) has taken the initiative in many areas. For example, we are now
working on simplifying the plethora of directives coming from the solid waste program,
and providing a clear rationale to the regulated community and the public for the approaches
taken by OSW in seeking to solve environmental and human health problems, whether
through regulations, guidance, or technology transfer.
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.
-------
TABLE OF CONTENTS
A NOTE TO THE READER by MARCIA E. WILLIAMS
TABLE OF CONTENTS
PREFACE
PAGE NO.
v
vii
xi
SECTION I
INTRODUCTION TO THE RESOURCE
CONSERVATION AND RECOVERY ACT
1-1
SECTION II
SUBTITLE D OF RCRA - MANAGING
SOLID WASTE
H-l
SECTION III
SUBTITLE C OF RCRA - MANAGING
HAZARDOUS WASTE
m-i
CHAPTER 1
CHAPTER 2
CHAPTER 3
CHAPTER 4
CHAPTER 5
CHAPTER 6
CHAPTER 7
CHAPTER 8
CHAPTER 9
WHAT IS HAZARDOUS WASTE?
REGULATIONS APPLICABLE TO
GENERATORS OF HAZARDOUS
WASTE
REGULATIONS APPLICABLE TO
TRANSPORTERS OF HAZARDOUS
WASTE
REGULATIONS APPLICABLE TO
TREATMENT, STORAGE, AND
DISPOSAL FACILITIES
PERMITTING
ENFORCEMENT
STATE AUTHORIZATION
PUBLIC PARTICIPATION
RCRA AND ITS RELATIONSHIP TO
SUPERFUND AND OTHER PROGRAMS
m-7
m-21
ni-3i
ni-37
m-7i
m-87
m-99
m-in
m-i2i
SECTION IV
SUBTITLE I OF RCRA - MANAGING
UNDERGROUND STORAGE TANKS
IV-1
VII
-------
TABLE OF CONTENTS (CONT.)
APPENDIX A UNIFORM HAZARDOUS WASTE MANIFEST
APPENDIX B OTHER SOURCES OF INFORMATION
APPENDIX C EPA ORGANIZATION
GLOSSARY
IX
-------
PREFACE
This manual was developed by the Environmental Protection Agency (EPA), Office of
Solid Waste, to meet the need for introductory information on the solid waste management
program established under the Resource Conservation and Recovery Act (RCRA). Since
there is little general information available on the RCRA program, a new EPA employee, or
an experienced employee unfamiliar with a certain part of it, is left to understand the
program by reading and re-reading the Act, regulations, policy, or guidance and/or learning
on the job. This manual is not meant to replace these methods of understanding; rather it is
intended to be used in conjunction with them to give the reader a basic introduction to
RCRA that can serve as a foundation upon which to build. To accomplish this, the manual
presents a clear and concise overview of the RCRA program, the extent of its coverage,
and the way it works.
At the time this manual was printed, the RCRA program was going through some major
changes. The Hazardous and Solid Waste Amendments (HSWA), signed by President
Reagan on November 8, 1984, were still being interpreted by EPA. Therefore, this manual
fully describes those parts of the RCRA program in existence prior to HSWA, as well as
those HSWA provisions that were transformed into regulatory requirements before the
manual was completed. In the case of the remaining HSWA provisions, the manual
summarizes the amendments' statutory language and, in some instances, provides a
description of their intent. As regulations are written for more of HSWA this manual will
be updated to reflect the changes.
Because this manual is only an information source about the RCRA program it does not
attempt to impart the skills to perform job duties such as writing a permit. Furthermore,
the manual is written for those unfamiliar with the RCRA program, or parts thereof,
therefore complex details were either simplified or excluded for the sake of clarity. Each
chapter of this manual includes an overview of what is to be covered, illustrations and
figures highlighting the text, and a summary of the key points presented.
XI
-------
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
RCRA TODAY
WHO IS INVOLVED IN RCRA?
OUTLINE OF THE MANUAL
SUMMARY
1-1
-------
SECTION I
INTRODUCTION TO THE
RESOURCE CONSERVATION
AND RECOVERY ACT
1-3
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 passed 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 beyond 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 II when the Nation's industrial
base, strengthened by war, turned its energy toward
domestic production. The results of growth, however, were
not all positive. While the country produced more goods, 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 tonnes of hazardous waste per year. Compared with
today's standards, this amount is small indeed. A national
survey conducted by EPA in 1981 estimates that 264 million
metric tonnes 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-1970's, to Congress and the
nation alike, that action had to be taken to assure that solid
wastes are managed properly. This action resulted in the
establishment of RCRA. The goals set by RCRA are:
• 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.
-------
SECTION I
INTRODUCTION TO THE RESOURCE
CONSERVATION AND RECOVERY ACT
1-4
THREE
TO
1
SUBTITLE
1
1
SOLID
WASTE
THERE ARE
INTERRELATED
ACHIEVE RCRA
1
D SUBTITLE C
1
1
HAZARDOUS
WASTE
PROGRAM PROGRAM
PROGRAMS
GOALS
1
SUBTITLE I
1
1
UNDERGROUND
STORAGE
TANK PROGRAM
To achieve these goals, three distinct yet interrelated
programs were developed under RCRA. The first program,
outlined under Subtitle D of RCRA, encourages States to
develop comprehensive plans for the management of solid
wastes, primarily non-hazardous, e.g., household waste.
The second program, outlined under Subtitle C of the Act,
is the one most people think about when RCRA is
mentioned. It establishes a system for controlling hazardous
waste from the time it is generated until its ultimate disposal,
in effect, from "cradle to grave." The last of the three
programs established under RCRA is also the newest. This
program, outlined under Subtitle I of the Act, regulates
certain underground storage tanks. It establishes
performance standards for new tanks and requires leak
detection, prevention and correction at underground tank
sites.
It is important to note that although RCRA creates a
framework for the proper management of hazardous and
non-hazardous solid waste, it does not address the problems
of hazardous waste encountered at inactive or abandoned
sites or those resulting from spills that require emergency
response. They are taken care of by a different act, the
Comprehensive Environmental Response, Compensation,
and Liability Act, better known as Superfund.
This section provides an overview of RCRA, including the
Act, regulations, guidance, and policy and, in addition,
discusses the three programs that make up RCRA and the
interrelationships among them. Finally, the section details
where RCRA is today, who is involved, and outlines the
remainder of this manual.
RCRA: WHAT IT IS
POLICY & GUIDANCE
Any discussion of RCRA must begin with a definition of
terms. Although the term "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 and the term "RCRA" to the whole program. In
addition, a distinction is made between terms used to
describe provisions of the statute and 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 was in the statute but not the regulations, it would be
RCRA PROGRAM
-------
SECTION I
INTRODUCTION TO THE RESOURCE
CONSERVATION AND RECOVERY ACT
1-5
THE ACT
Outline of the Act
Subtitle
A
C
J)
E
H
Provisions
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
considered a requirement of the Act. Alternatively, if Y was
in the regulations, it could be referred to as either a
regulation or a regulatory requirement.
The RCRA program is made up of several pieces, including
the Act, regulations, guidance and policy. Each of these is
discussed below.
What we commonly know as the Act is really an amendment
to the first piece of Federal solid waste legislation. In 1965,
the Solid Waste Disposal Act was passed with the primary
purpose of improving solid waste disposal methods. It was
amended in 1970 by the Resource Recovery Act, and again
in 1976 by the Resource Conservation and Recovery Act
(RCRA). The changes embodied in RCRA remodeled our
nation's solid waste management system and greatly
expanded provisions pertaining to the management of
hazardous waste.
The Act is continuously evolving as Congress amends it to
reflect changing needs. It has been amended twice since
1976, once in 1980 and most recently on November 8,
1984. The 1984 amendments, called The Hazardous and
Solid Waste Amendments (HSWA), significantly expand
both the scope and detailed requirements of RCRA.
Because RCRA will be changing due to HSWA, provisions
resulting from the amendments are emphasized throughout
the manual.
The Act is a law which describes the kind of waste
management program that Congress wants to establish.
This description is in very broad terms, e.g., develop and
promulgate criteria for identifying the characteristics of
hazardous waste. The Act also provides the Administrator
of EPA (or his representative) 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 currently
divided into nine subtitles, A through I. Subtitles A, B, E,
F, G, and H outline, respectively, 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, and I lay out the framework
for the three programs that make up RCRA: the hazardous
waste management program, the solid waste program and
the underground storage tank program, respectively.
-------
SECTION I
INTRODUCTION TO THE RESOURCE
CONSERVATION AND RECOVERY ACT
1-6
REGULATIONS
The Act includes a Congressional mandate for the
development of regulations which are the legal mechanism
that spell out how a statute's broad policy directives are to
be carried out. EPA was thus required to develop a
comprehensive set of regulations to implement the three
RCRA programs. 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 continuously being developed and
published according to an established process. When a
regulation is developed 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 60 days. Included with the
text of the proposed regulations is a discussion of the
Agency's rationale for proposing them (the preamble).
Following the comment period, EPA revises the proposed
regulations and finalizes them through publication in the
Federal Register. Annually, the regulations are compiled
and placed in the Code of Federal Regulations (CFR)
according to a highly structured format. This latter process
is called codification.
Most of RCRA has been codified in this manner and can be
found in Volume 40 of the CFR, Chapter I, Subchapter I -
Solid Wastes, Parts 240-271. These regulations are often
cited as 40 CFR, with the Part listed afterward, e.g., 40
CFR Part 264. 40 CFR does not currently contain the
regulations for the underground storage tank program and
some other HSWA mandated regulatory changes because
they have yet to be developed.
Although the relationship between an Act and its
regulations, discussed above, is the norm, the relationship
between HSWA and its regulations differs. HSWA is
unusual in that Congress, for the first time, placed explicit
requirements in the statute in addition to instructing EPA in
general language to develop regulations. 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. Many of the amendments' provisions are
already in place; others go into effect within very short time
frames. Another unique aspect of HSWA is that it
establishes "hammer" provisions, which are statutory
requirements that go into effect automatically if EPA fails to
issue regulations by certain dates.
-------
SECTION I
INTRODUCTION TO THE RESOURCE
CONSERVATION AND RECOVERY ACT
1-7
GUIDANCE AND POLICY
GUIDANCE = HOW TO
POLICY = MUST DO
RCRA: HOW IT WORKS
The interpretation of statutory language does not end with
the codification of regulations. EPA further clarifies its
regulations through the issuance of guidance documents and
policy.
Guidance documents are issued primarily to elaborate and
provide direction on the implementation of regulations.
They essentially explain how to do something. For
example, the regulations in 40 CFR Part 270 detail what
is required in a permit for a hazardous waste management
facility, and the guidance for this Part gives instructions on
how to evaluate a permit to see if everything is included.
Guidance documents are also used to provide the Agency's
interpretation of the Act.
Policy statements, on the other hand, specify operating
procedures that must be followed. They are a mechanism
used by program offices to outline the manner in which
pieces of the 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, developed in November of
1985, and updated periodically, 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 three programs established under RCRA — solid waste,
hazardous waste, and underground storage tanks - 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.
-------
SECTION I
INTRODUCTION TO THE RESOURCE
CONSERVATION AND RECOVERY ACT
1-8
SUBTITLE D - SOLID WASTE
SUBTITLE C - HAZARDOUS
WASTE
The Subtitle C Program Regulates
TRANSPORTER
TSD
FACILITIES
Subtitle D of the Act establishes a voluntary program
through which participating States receive Federal financial
and technical support to develop and implement solid waste
management plans. These plans are, among other things,
intended to promote recycling of solid wastes, and require
the closing or upgrading of all environmentally unsound
dumps. EPA's role in the Subtitle D program has been to
establish regulations for States to follow in developing and
implementing their plans, in approving those State plans that
comply with such regulations, and in providing grant money
for implementing the plans. EPA has also issued minimum
technical standards that all solid waste disposal facilities
must meet when disposing of solid wastes.
Subtitle C of the Act establishes a program to manage
hazardous wastes from cradle to grave. The objective of the
Subtitle C program is to assure 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. Indeed, as of October 1985, EPA had on
record almost 56,000 major generators, 12,500
transporters, and approximately 4,800 treatment, storage, or
disposal facilities handling hazardous wastes.
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 (TSDs). In addition, the Subtitle C
regulations set technical standards for the design and safe
operation of TSDs. These standards are designed to
minimize the release of hazardous waste into the
environment. Furthermore, the regulations for TSDs serve
as the basis for developing and issuing the permits that each
facility is required to have. 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.
One of the prime differences between Subtitle C and Subtitle
D is the type of waste they regulate. Subtitle C regulates
only hazardous waste, a subset of solid waste, whereas the
Subtitle D program primarily manages non-hazardous solid
waste. Subtitle C also differs from Subtitle D in that it is a
regulatory program rather than a voluntary State grant
program. Furthermore, Subtitle C was initially established
-------
SECTION I
INTRODUCTION TO THE RESOURCE
CONSERVATION AND RECOVERY ACT
1-9
SUBTITLE I - UNDERGROUND
STORAGE TANKS
RCRA TODAY
WHO IS INVOLVED
IN RCRA?
as a Federally run program to be delegated to States, unlike
Subtitle D, which began as a State program.
Subtitle I of the Act is a new program created by HSWA to
regulate petroleum products and hazardous substances (as
defined under Superfund) stored in tanks underground.
This program is similar in many ways to the hazardous
waste program in that it is designed as a regulatory program
that may be delegated to States. Under this program, EPA
must establish regulations laying out performance standards
for new tanks as well as standards covering leak detection,
leak prevention, and corrective action for both new and
existing underground storage tanks. The objective of this
subtitle is to prevent leakage from tanks that could pollute
the environment, especially ground water.
When RCRA was first passed in 1976, much work needed
to be done to begin implementing the program. Since then,
both the Subtitle C and D programs have been established
and EPA and authorized States are concentrating on
implementing the Subtitle C program by issuing permits to
TSDs. Also ongoing is the delegation of the RCRA
program to individual States. In addition to implementing
the existing RCRA program, EPA is currently working on
interpreting HSWA, writing regulations in light of them and
implementing immediate statutory requirements. As the
RCRA program matures, activities will shift from
implementation to compliance monitoring and enforcement.
Due to the past several years' efforts, 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 are
becoming less of a problem.
The RCRA program touches and thus involves a myriad of
people and organizations. However, the roles of those
involved vary. Congress writes or amends the Act which,
when signed by the President, becomes law. After the
Office of Solid Waste and Emergency Response (OSWER)
at EPA develops regulations, the RCRA program is
implemented by both headquarters (OSWER) and regional
EPA staff. The States may, in turn, apply to EPA for the
authority to run all or part of the RCRA program. In doing
so, the States may adopt the Federal program outright or
develop their own program that is more stringent or broader
in scope than the one applied nationally.
-------
SECTION I
INTRODUCTION TO THE RESOURCE
CONSERVATION AND RECOVERY ACT
1-10
OUTLINE OF
THE MANUAL
The regulated community 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.
This manual describes in detail the three RCRA programs
briefly discussed in this introduction. In addition, a chapter
reviewing the interrelationships between RCRA's Subtitle C
program and other environmental statutes, primarily
Superfund, is included. The remainder of the manual
consists of:
Section II: Subtitle D of RCRA - Managing Solid Waste
Section IE: 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
Chapter 8 - Public Participation
Chapter 9 -- RCRA and its Relationship to
Superfund and Other Acts
Section IV: Subtitle I of RCRA - Underground Storage
Tanks.
SUMMARY
The Resource Conservation and Recovery Act (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
• Reduce waste and conserve energy and natural
resources
• Reduce or eliminate the generation of hazardous
waste as expeditiously as possible.
-------
SECTION I INTRODUCTION TO THE RESOURCE 1-11
CONSERVATION AND RECOVERY ACT
To achieve these goals, three distinct yet interrelated
programs exist under RCRA:
• Subtitle D -- A Federal program to promote and
encourage the environmentally sound disposal of
hazardous waste. It includes minimum Federal
technical standards, guidelines for State solid waste
plans and financial assistance to States.
• 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 — A new program, established by the
Hazardous and Solid Waste Amendments of 1984
(HSWA), that regulates petroleum products and
hazardous substances ( as defined under
Superfund) stored in underground tanks.
There are several pieces to 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 designee) with
the authority to implement the Act.
• Regulations - Mandated by Congress and developed
by EPA. Regulations are the legal mechanism
that spell out how the Act's directives are
to be carried out. Regulations are published in
the Federal Register and codifed in the Code of
Federal Regulations.
• Guidance — Developed and issued by EPA (or the
the States) to provide instructions on how to
implement parts of either the Act or regulations.
• Policy - Statements developed by EPA (or
the States) outlining a position on a topic
or giving instructions on how a procedure
must be conducted.
RCRA is currently undergoing changes as a result of
HSWA. These amendments significantly expand both the
scope (e.g., the creation of Subtitle I) and detailed
requirements of the Act. Some of these requirements are so
specific that EPA incorporated them directly into the
regulations.
-------
SECTION II
SUBTITLE D OF RCRA » MANAGING SOLID WASTE
OVERVIEW
DEFINITION OF SOLID WASTE
EXCEPTIONS TO THE DEFINITION OF SOLID WASTE
MANAGEMENT OF SOLID WASTE UNDER SUBTITLE D
STATE PLAN REGULATIONS
MINIMUM TECHNICAL STANDARDS
OPEN DUMP CRITERIA
EXEMPTIONS FROM THE SUBTITLE D CRITERIA
HSWA's EFFECT ON THE SUBTITLE D CRITERIA
SUMMARY
1-1
-------
SECTION II
SUBTITLE D OF RCRA -
MANAGING SOLID WASTE
11-3
OVERVIEW
Subtitle D Program Goals:
• Encourage environmentally
sound solid waste manage-
ment practices
• Maximize the re-use of
recoverable resources
• Foster resource conservation.
The history of solid waste management at the Federal level
is largely a reflection of post-World War II prosperity.
After the war, the nation's rejuvenated industrial base
shifted from armaments to the production of consumer
goods. Many of these goods were convenience items, built
to be disposed of. The throw-away society was born. A
by-product of the production and consumption of these
consumer goods was an ever-increasing amount of solid
waste.
By 1965 it had become apparent that the nation's ability to
manage solid waste was severely lacking. As a result,
Congress passed the Solid Waste Disposal Act of 1965.
The Act established grant programs to support the
application of improved disposal methods and the
development of solid waste disposal plans by States and/or
interstate agencies. Subsequent amendments to the Solid
Waste Disposal Act — the Resource Recovery Act of 1970
and RCRA in 1976 — raised solid waste management to a
higher level of sophistication. The Subtitle D program
under RCRA, in particular, overhauled the nation's solid
waste management scheme. It is important to note that the
term "solid waste" used in respect to the Subtitle D program
refers almost exclusively to non-hazardous solid waste. The
bulk of the statutory and regulatory requirements concerning
the handling and disposition of hazardous solid waste falls
under the Subtitle C program of RCRA, which is covered in
Section III.
The primary goals of the Subtitle D program (Sections 4001-
4010 of the Act) are to encourage solid waste management
practices that promote environmentally sound disposal
methods, maximize the reuse of recoverable resources, and
foster resource conservation. To achieve these goals, EPA
established both technical standards for solid waste
management facilities and a program under which
participating States may develop and implement solid waste
management plans.
The standards, commonly called the Subtitle D Criteria, set
out minimum technical requirements for environmentally
acceptable facilities (States may establish comparable or
more stringent standards). These requirements are
mandatory for solid waste disposal facilities. Therefore,
facilities that do not comply with the standards must come
into compliance or close.
-------
SECTION II
SUBTITLE D OF RCRA -
MANAGING SOLID WASTE
1-4
Two Main Parts of the Subtitle
D Program:
• Technical standards for solid
waste disposal facilities
• Solid waste management
grant program for States
(voluntary).
DEFINITION OF
SOLID WASTE
Unlike the technical standards, the solid waste management
plan program is voluntary. Those States that develop and
implement EPA-approved plans are eligible for Federal
technical and financial assistance. Each plan essentially
outlines steps the State will take to ensure that the solid
waste within its borders is managed in an environmentally
sound manner, and resources are conserved and recovered
where possible. Key components of State plans involve
using the Subtitle D Criteria to identify inappropriately
managed facilities, termed "open dumps," which must be
closed or upgraded, and developing a regulatory scheme
designed to ensure that active facilities operate properly. As
of October 10, 1985, 24 states had in place fully approved
plans.
EPA's role with respect to State plans is limited to
administering a grant program, setting the minimum
regulatory requirements that States must follow in designing
their plans, and approving plans that comply with these
requirements. Thus, the main responsibility for developing
and implementing the plan lies with each State.
During the late 1970's and through 1980, there was a fair
amount of EPA and State activity in the area of solid waste
management, e.g., recycling programs. Over the past 5
years, however, activities under Subtitle D have declined.
This decline is due primarily to the fact that no Federal funds
for Subtitle D have been made available since 1981. The
reason for this is that the focus of Federal funding has
shifted to the Subtitle C program. Despite the lack of
Federal funding, a few States continue to develop and
implement solid waste management plans.
This section presents an outline of the Subtitle D program.
In doing so it defines the term "solid waste," summarizes
the guidelines applicable to Federal agencies, describes how
State plans are developed, approved, and implemented,
reviews the minimum technical standards, and reviews
HSWA's effect on Subtitle D.
The term "solid waste" is very broad, including not only the
traditional non-hazardous solid wastes, such as municipal
garbage, but also hazardous solid wastes. The Act defines
solid waste as:
• Garbage, e.g., milk cartons and coffee grounds
Refuse, e.g., metal scrap, wall board and empty
containers
-------
SECTION II
SUBTITLE D OF RCRA -
MANAGING SOLID WASTE
1-5
COMMERCIAL
REFUSE
SLUDGE
EXCEPTIONS TO THE
DEFINITION OF
SOLID WASTE
MANAGEMENT OF
SOLID WASTE UNDER
SUBTITLE D
Sludges 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.
In understanding the RCRA definition of solid waste it is
important to keep in mind that all solid waste is not solid.
As noted above, many solid wastes are liquid, while others
are semisolid or gaseous. Furthermore, although the
definition of solid waste includes hazardous waste, the
Subtitle D program is concerned primarily with non-
hazardous wastes. Only those few hazardous wastes
excluded from regulation under Subtitle C are covered by
Subtitle D, e.g., small quantities of hazardous waste coming
from households and generators.
If the definition was limited to that given above, just about
every type of waste produced by man would qualify as solid
waste. This, however, is not the case. There are a number
of exceptions to the definition given above. 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
• Mining materials that are not removed from the
ground during the extraction process.
The Subtitle D program establishes a solid waste
management framework that has two main components:
1) Regulations applicable to the development and
implementation of State plans
2) Criteria used as minimum technical standards for
solid waste disposal facilities and to identify open
dumps.
-------
SECTION II
SUBTITLE D OF RCRA -
MANAGING SOLID WASTE
11-6
STATE PLAN
REGULATIONS
The regulations for State plans (40 CFR Part 256) are a key
component of the Subtitle D program. The purpose of these
regulations 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 regulations achieve this by outlining the
minimum requirements for State plans and detailing how
these plans are approved by EPA. Although all States must
comply with the same regulatory requirements issued under
Subtitle D, the plans they develop are not identical. Each
plan reflects the State's unique solid waste management
needs.
In developing a solid waste management plan the State must
go through a number of steps. The first of these, detailed
in 40 CFR Part 255, requires the governor to select or
establish an agency to develop the State plan. After the
responsible agency is identified, actual drafting of the plan
begins. The content of the plan is not a matter of State
discretion. To gain EPA approval, the plan must comply
with the minimum regulatory requirements cited in 40 CFR
Part 256. These requirements include:
• Identifying the responsibilities of State, local, and
regional authorities in implementing the plan
• Describing a regulatory scheme that prohibits the
establishment of new open dumps, provides for the
closing or upgrading of all open dumps, and
establishes any State regulatory powers required for
implementation of the plan
• Ensuring that no State or local government within
the State be prohibited from:
Establishing long-term contracts for the
supply of solid waste to resource recovery
facilities or for the operation of such facilities
Securing long-term markets for material and
energy recovered from resource recovery
facilities
Conserving materials or energy by reducing
waste volume
-------
SECTION II
SUBTITLE D OF RCRA -
MANAGING SOLID WASTE
11-7
MINIMUM TECHNICAL
STANDARDS AND OPEN DUMP
CRITERIA
Areas Covered by the Subtitle
D Criteria
• Detailing the combination of practices that are
necessary to use or dispose of solid waste in an
environmentally sound manner.
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 of EPA must either
approve or disapprove of the plan. Approval is granted if
the Administrator finds that the plan fulfills all of the
minimum requirements set out in the regulations. Gaining
this approval is especially important because without it the
State is ineligible for Federal financial or technical
assistance.
The final component of the Subtitle D program is the
"Criteria for Classification of Solid Waste Disposal Facilities
and Practices," commonly referred to as the "Subtitle D
Criteria" (40 CFR Part 257). The Criteria are used as a:
• Set of minimum technical standards with which all
Federal and non-Federal solid waste disposal
facilities must comply
• Means of determining if a solid waste disposal
facility is an open dump.
The criteria cover eight areas:
- Floodplains
- Endangered species
- Surface water
- Ground water
- Waste application limits for land used in the
production of food chain crops
- Disease transmission
- Air
- Safety.
Under each of these areas specific requirements are set. For
example, 40 CFR Section 257.3-2 (a) and (b) states that:
Facilities or practices shall not cause
or contribute to the taking of any
endangered or threatened species of plants,
fish, or wildlife... (or) result in the destruction
or adverse modification of the critical habitat of
endangered or threatened species.
-------
SECTION II
SUBTITLE D OF RCRA -
MANAGING SOLID WASTE
11-8
Minimum Technical Standards
The Subtitle D Criteria serve as minimum technical
standards for solid waste disposal facilities. Facilities must
comply with the Criteria to ensure that ongoing operations
are protective of human health and the environment. If they
fail to do so the facility is classified as an open dump and
must close or upgrade its operations. It is important to note
that the Criteria apply to all facilities, regardless of whether
or not the State in which they are located has an approved
management plan. Furthermore, States have the option of
developing Criteria more stringent than the Federal ones.
Compliance with the Criteria and, thus, the ban on
dumping, can be enforced through citizen suits (Section
7002 of the Act) or by the State. Prior to HSWA, EPA had
no authority to take legal action against parties that did not
comply with the Criteria. The new enforcement authority
provided by HSWA is discussed below.
Open Dump Criteria
EXEMPTIONS FROM THE
SUBTITLE D CRITERIA
In addition to serving as minimum technical standards, the
Criteria are used to identify open dumps. As mentioned
above, an open dump is defined as a disposal facility which
does not comply with one or more of the Subtitle D Criteria.
Using the Criteria as a benchmark, each State must evaluate
the solid waste disposal facilities within its borders to
determine which are open dumps and, therefore, need to be
closed or upgraded. For each facility that fails to comply
with one or more of the Criteria, the State completes an
Open Dump Inventory Report form that is sent to the Bureau
of the Census. At the end of each fiscal year the Bureau
compiles all of the report forms and sends them to EPA,
where they are summarized and published as the Inventory
of Open Dumps. The Inventory has been published
annually from 1981 to 1985.
Certain solid waste disposal facilities or practices are
exempted from having to comply with the Subtitle D
Criteria, including:
• Use of agricultural wastes as fertilizers or soil
conditioners
• Land application of domestic sewage
• Hazardous waste disposal facilities regulated
under Subtitle C of RCRA
• Industrial discharges that are point sources
subject to permits under Section 402 of the Clean
Water Act.
-------
SECTION II
SUBTITLE D OF RCRA -
MANAGING SOLID WASTE
11-9
HSWA's EFFECT ON THE
SUBTITLE D CRITERIA
As a result of HSWA, the Subtitle D Criteria and the
mechanisms used to enforce them will be changed. HSWA
requires EPA to submit a report to Congress by November
8, 1987, determining whether the Criteria are adequate to
protect human health and the environment from ground-
water contamination and if additional authorities are needed
to enforce them. Furthermore, EPA must revise the Criteria
by March 31, 1988, to address facilities that receive
hazardous household waste or hazardous waste from small
quantity generators (the definition of small quantity
generators is discussed in Chapter 1 of Section III.) At a
minimum, the revisions should require ground-water
monitoring as necessary to detect contamination, establish
Criteria on the acceptable location of new or existing
facilities, and provide for corrective action, as appropriate.
Congress' reason for requiring these revisions is the
concern that small amounts of hazardous waste, coming
from either households or small quantity generators, may
accumulate at Subtitle D facilities and pose threats to human
health or the environment.
In addition to revising the Criteria, HSWA requires the
establishment of a permit program or other system of prior
approval and conditions by November 8,1987, for facilities
receiving small amounts of hazardous waste. This permit
program, or other system of prior approval and conditions,
is meant to ensure that such facilities are in compliance with
the Criteria. Within 18 months of the promulgation of the
revised Criteria mentioned above, each State must modify
its permit program or alternate system accordingly. If a State
fails to develop and implement an appropriate permit
program or other system of prior approval and conditions,
by September 31, 1989, EPA is given the authority, under
HSWA, to enforce the Criteria at facilities accepting
household hazardous waste or small quantity hazardous
generator waste.
SUMMARY
The Subtitle D program deals primarily with non-hazardous
solid waste. The main goals of the program are to
encourage solid waste management practices that:
• Promote environmentally sound disposal methods
• Maximize the reuse of recoverable resources
• Foster resource conservation.
-------
SECTION II SUBTITLE D OF RCRA - " 10
MANAGING SOLID WASTE
To achieve these goals, EPA established:
• A voluntary program under which participating
States may develop solid waste management plans.
Those States that develop and implement EPA-
approved plans are eligible for Federal technical and
financial assistance. Each plan outlines the steps that
the State will take to ensure that:
- Solid waste is properly managed
- Resources are conserved and recovered (where
possible)
- Open dumps are closed or upgraded
• Technical standards for solid waste management
facilities. The standards, commonly called the
Subtitle D Criteria, are mandatory and set out
minimum technical requirements for environmentally
acceptable solid waste disposal facilities. Each
disposal facility that does not comply with one or
more of the Criteria is classified as an open dump
and included in the annual Inventory of Open
Dumps.
As a result of HSWA, the Subtitle D Criteria will be revised
to address facilities that receive small quantities of hazardous
waste. In addition, the States must develop a permit
program, or other system of prior approval and conditions,
to enforce the revised Criteria at such facilities.
-------
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
CHAPTER 8 PUBLIC PARTICIPATION
CHAPTER 9 RCRA AND ITS RELATIONSHIP TO SUPERFUND AND OTHER
ACTS
111-1
-------
SECTION III
SUBTITLE C OF RCRA -
MANAGING HAZARDOUS WASTE
111-3
OVERVIEW
SUBTITLE C
PREVENTS
IMPROPER WASTE MANAGEMENT
REQUIRES
PROPER WASTE MANAGEMENT
The improper management of hazardous waste is probably
the most serious environmental problem 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, and
mismanagement is still prevalent.
This mismanagement has tragic consequences. EPA has on
file hundreds of cases of damage to human health or the
environment resulting from the indiscriminate dumping or
other improper management of hazardous waste. The vast
majority of these cases involve the pollution of ground water -
- the source of drinking water for about half the nation's
population — from the open dumping of wastes or from
improperly operated landfills and surface impoundments. In
many of these cases, ground-water supplies were so badly
contaminated with toxic or cancer-causing chemicals and
heavy metals that residents in the area had to obtain drinking
water from other sources. In other, more tragic cases,
residents were not aware of the contamination, continued to
drink the water, and suffered serious health effects.
Ground-water pollution is not the only problem posed by
improper hazardous waste management. EPA's damage
case file also includes incidents where 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 wastes does not continue.
It does this by creating a Federal "cradle to grave"
management system that sets forth statutory and regulatory
requirements for:
-------
SECTION III
SUBTITLE C OF RCRA -
MANAGING HAZARDOUS WASTE
1-4
SUBTITLE C PROGRAM
WHAT IS
HAZARDOUS WASTE
TRANSPORTER
TSD
FACILITIES
J
ENFORCEMENT
PUBLIC
PARTICIPATION
• Identifying hazardous waste
• Regulating generators of hazardous waste
• Regulating transporters of hazardous waste
• Regulating 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
• Enforcing the Subtitle C program
• Transferring the responsibilities of the Subtitle C
program from the Federal government to the States
• Requiring public participation in the Subtitle C
program.
To fully explain these statutory and regulatory requirements
each one of the areas listed above is given its own chapter in
this section. There is also a separate chapter on the inter-
relationships between RCRA's Subtitle C program and other
environmental statutes, primarily Superfund.
-------
CHAPTER 1
WHAT IS HAZARDOUS WASTE?
OVERVIEW
DEFINITION OF HAZARDOUS WASTE
IDENTIFICATION OF HAZARDOUS WASTE
CHARACTERISTICS
TESTING FOR HAZARDOUS WASTE CHARACTERISTICS
LISTINGS OF HAZARDOUS WASTE
MIXTURES
WASTES THAT ARE SPECIFICALLY EXCLUDED FROM SUBTITLE C
REGULATION
WHEN DOES A HAZARDOUS WASTE CEASE BEING HAZARDOUS?
SPECIAL REQUIREMENTS FOR SMALL QUANTITY GENERATORS
SUMMARY
1-7
-------
CHAPTER 1
WHAT IS HAZARDOUS WASTE?
1-9
OVERVIEW
WHAT IS
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 different reasons. Congress addressed this
problem by directing EPA (under Section 3001 of the Act)
to develop and promulgate 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
drycleaners, 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. Also discussed are those wastes specifically
excluded from Subtitle C regulation.
DEFINITION OF
HAZARDOUS WASTE
Congress defined the term "hazardous waste" in Section
1004(5) of RCRA as a "solid waste, or combination of
solid wastes, which because of its quantity, concentration,
or physical, chemical, or infectious characteristics may:
(A) cause, or significantly contribute to an increase in
mortality or an increase in serious irreversible, or
incapacitating reversible, illness; or
(B) 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 Section II, it cannot be a
-------
CHAPTER 1
WHAT IS HAZARDOUS WASTE?
111-10
IDENTIFICATION OF
HAZARDOUS WASTE
A Solid Waste is Hazardous
if it Meets One of Four
Conditions:
Exhibits a characteristic
Is listed
• Is a mixture
Is not excluded.
CHARACTERISTICS
hazardous waste. The amount of hazardous waste generated
by American industries is staggering. A 1981 survey by
EPA estimates that 264 million metric tonnes of hazardous
waste were generated that year. 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 meets one of four conditions:
1) Exhibits, on analysis, any of the characteristics of a
hazardous waste
2) Has been named as a hazardous waste and listed
3) Is a mixture containing a listed hazardous waste and
a non-hazardous solid waste (unless the mixture is
specifically excluded or no longer exhibits any of the
characteristics of hazardous waste)
4) Is not excluded from regulation as a hazardous
waste.
Furthermore, the by-products of the treatment of any
hazardous waste are also considered hazardous unless
specifically excluded.
EPA has identified four characteristics for hazardous waste.
Any solid waste that exhibits one or more of them is
classified as hazardous under RCRA. The characteristics
are:
• Ignitability
• Corrosivity
• Reactivity
• EP Toxicity.
-------
CHAPTER 1
WHAT IS HAZARDOUS WASTE?
-11
Ignitability
EPA used two criteria in selecting these characteristics. The
first criterion was that the characteristics be capable of being
defined in terms of physical, chemical, or other properties
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 the 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 refrained from
adding carcinogenicity, mutagenicity, bioaccumulation
potential, and phytotoxicity to the set of proposed
characteristics. EPA considered the available test protocols
for measuring these 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. Indeed, HSWA (Section
300l(h)) requires that the Administrator promulgate
regulations identifying additional characteristics by
November 8, 1986. These characteristics must include
measures or indicators of toxicity.
The properties of wastes exhibiting any or all of the existing
characteristics are defined in 40 CFR, Sections 261.20 -
- 261.24, and briefly 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
that 60 C (140 F)
-------
CHAPTER 1
WHAT IS HAZARDOUS WASTE?
111-12
Corrosivity
Reactivity
• A non-liquid capable, under normal conditions, of
spontaneous and sustained combustion
• An ignitable compressed gas per Department of
Transportation (DOT) regulation
• 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.
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
• 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.
Steel corrosion was chosen 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).
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
-------
CHAPTER 1
WHAT IS HAZARDOUS WASTE?
111-13
Constituent
Arsenic
Barium
Cadmium
Chromium
Lead
Mercury
Selenium
Silver
Endnn
Lindane
Methonyirilor
Toxjphcne
2,4 - D
2,4,5 - TP
Concentration
mg/l
50
100 0
10
50
50
02
1 0
50
002
04
100
05
100
1 0
Figure 1.1
Constituents and Concentrations
for EP Toxicitv
EP Toxicity
TESTING FOR HAZARDOUS
WASTE CHARACTERISTICS
• Capable of detonation if heated under confinement or
subjected to strong initiating source
• Capable of detonation at standard temperature and
pressure
• 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. Congress directed EPA, under HSWA, to
examine the EP toxicity test to determine if modifications or
additions could improve it as a diagnostic tool.
The responsibility for determining if a particular solid waste
is hazardous falls on the generators. They 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 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.
-------
CHAPTER 1
WHAT IS HAZARDOUS WASTE?
-14
LISTINGS OF
HAZARDOUS WASTE
There are Three Lists
of Hazardous Wastes:
• Non-specific source
wastes
Specific source
wastes
Commercial
chemical products.
MIXTURES
A solid waste is also hazardous if it is named on one of
three lists developed by EPA:
1) Non-specific source wastes (40 CFR Section
261.31) - These are 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.
2) Specific source wastes (40 CFR Section 261.32) -
This list consists 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
the production of pigments.
3) Commercial chemical products (40 CFR Section
261.33(e) and (f)) - 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.
These lists were developed by examining different types of
wastes and chemical products to see if they:
• Exhibit one of the four characteristics of a
hazardous waste (listed above)
• Meet the statutory definition of hazardous
waste
• Are acutely toxic or acutely hazardous
• Are otherwise toxic.
Any solid waste that fulfills one or more of these criteria is
placed on one of the three lists.
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 non-hazardous solid waste. EPA decided that
any waste mixture containing a listed hazardous waste is
-------
CHAPTER 1
WHAT IS HAZARDOUS WASTE?
1-15
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
non-hazardous 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
other reasons 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. There are, however, a few exceptions to the
mixture rule outlined above:
• If a wastewater discharge subject to regulation by
the Clean Water Act is mixed with low con-
centrations of a listed waste, as specified in
40 CFR Section 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 non-hazardous wastes and listed
wastes that were listed for exhibiting a
characteristic are not considered hazardous if the
mixture no longer exhibits any characteristics.
WASTES THAT ARE
SPECIFICALLY
EXCLUDED FROM
SUBTITLE C
REGULATION
Congress decided that certain types of solid waste should
not be considered hazardous waste under Subtitle C.
These 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 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. EPA
amended Congress' list with certain chromium-containing
wastes and laboratory samples. Language excluding these
wastes from RCRA regulation is contained in 40 CFR Part
261.
In 1980, Congress temporarily excluded oil and gas
wastes, mining wastes, waste from the combustion of coal
or other fossil fuels, and cement kiln dust waste. To find
out if these wastes should be regulated at all, Congress,
under Section 8002 of the Act, directed EPA to conduct
-------
CHAPTER 1
WHAT IS HAZARDOUS WASTE?
1-16
WHEN DOES A
HAZARDOUS WASTE
CEASE BEING
HAZARDOUS?
SPECIAL REQUIREMENTS
FOR SMALL QUANTITY
GENERATORS
Less than
1.000 Kg/Mo
Hazardous Waste
Less than
100 Kg/Mo
Hazardous Waste
1984
AMENDMENTS
1 Kg/Mo Acutely Hazardous Waste
1 Kg/Mo Acutely
Hazardous
Waste
CHANGES IN SMALL QUANTITY
GENERATOR EXEMPTION
studies and report on whether the results indicate that the
wastes should be regulated under Subtitle C. Some of these
studies, commonly referred to as the 8002 studies, have
been completed; others have not.
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 a petitioner to get a waste delisted he must
prove to EPA that the waste is 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, it is determined
that the waste is not hazardous due to conditions at the
facility, that waste is removed from Subtitle C's regulatory
jurisdiction. It is important to note that 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.
Early in the development of the RCRA program EPA
recognized that the hazardous waste regulations would
impose a substantial burden on the regulated community.
Further, it recognized that if all small generators were
brought entirely within the Subtitle C regulatory system,
their numbers would far outstrip the resources available to
achieve effective implementation of the program. Thus, in
issuing waste regulations, EPA first focused on large
generators who produce the greatest portion of hazardous
waste. The initial EPA regulations, published on May 19,
1980, exempted "small quantity generators" (SQGs) from
most of the hazardous waste requirements. 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)
• Generator who produced less than 1 kilogram
of acutely hazardous waste per month (or
accumulated less than 1 kilogram at any one time).
These small quantity generators did have to meet some
minimum management requirements, including testing
-------
CHAPTER 1 WHAT IS HAZARDOUS WASTE? IIM 7
their waste, storing the waste properly and disposing of the
waste at approved facilities.
Since 1980, concern has arisen that hazardous wastes
exempted from regulation due to the SQG exclusion could
be causing environmental harm. Therefore, Congress, in
HSWA, amended the definition of a SQG, reducing the cut-
off point from 1,000 kg to 100 kg. Thus, the new
definition of a SQG is a:
• Generator who produces less than 100 kg
of hazardous waste at a site per month (or
accumulates less than 100 kg at any one time)
• Generator who produces less than 1 kg of acutely
hazardous waste per month (or accumulates
less than 1 kg at any one time).
In addition, HSWA requires EPA to develop regulations
covering generators of between 100 and 1,000 kg/mo of
hazardous waste to ensure, among other things, that these
wastes are managed at approved facilities. Congress was
concerned, however, that full regulation of these generators
might not be appropriate because many of them are small
businesses with limited resources. Thus, EPA was given
the authority to vary the regulatory requirements applicable
to these generators from those applied to larger generators,
provided that the requirements are still protective of human
health and the environment. To balance the need for
regulation of this group with the impacts of such regulation
on small firms, EPA has proposed modifying the existing
Subtitle C generator regulations for generators of between
100 and 1,000 kg/mo of hazardous waste who ship their
waste off-site. These proposed regulations include:
• Reducing manifesting and recordkeeping
requirements
• Extending accumulation (storage) times before
interim status or a permit is required (180 days
instead of 90; 270 days if the waste must be
shipped over 200 miles).
A decision on these proposed regulations will be made on or
before March 31,1986.
Note that the modifications to the regulation just described
do not apply to generators of between 100 and 1,000 kg/mo
who store their waste on-site. They must meet all
-------
CHAPTER 1 WHAT IS HAZARDOUS WASTE? 11118
generator requirements. Generators of over 1,000 kg/mo of
hazardous waste or 1 kg/mo of acutely hazardous waste
must, as was the case before the amendments, meet the full
generator requirements.
SUMMARY 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 meets one of four conditions:
1) Exhibits one of four characteristics:
- Ignitability
- Corrosivity
- Reactivity
- EPToxicity
2) Is listed
3) Is a mixture
4) Is not excluded.
Through a process called delisting any person can petition
EPA to exclude a listed waste from regulation under Subtitle
C. Furthermore, generators who produce less than either
100 kg/mo of hazardous waste or 1 kg/mo of acutely
hazardous waste or accumulate less than these amounts at
any one time, called small quantity generators, are exempted
from most of the Subtitle C requirements.
-------
CHAPTER 2
REGULATIONS APPLICABLE TO
GENERATORS OF HAZARDOUS WASTE
OVERVIEW
WHO ARE THE GENERATORS?
REGULATORY REQUIREMENTS
EPA ID NUMBER
PRE-TRANSPORT REGULATIONS
THE MANIFEST
RECORDKEEPING AND REPORTING
ADDITIONAL GENERATOR REQUIREMENTS AND EXCLUSIONS
INTERNATIONAL SHIPMENTS
FARMER EXCLUSION
SUMMARY
1-21
-------
CHAPTER 2
REGULATIONS APPLICABLE
TO GENERATORS OF
HAZARDOUS WASTE
1-23
OVERVIEW
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.
WHO ARE THE
GENERATORS?
The Subtitle C regulations broadly define the term
"generator" to include any:
• Facility owner or operator or person who first
creates a hazardous waste
• 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 TSD, or mixes hazardous wastes of
different DOT shipping descriptions by placing
them into a single container).
REGULATORY
REQUIREMENTS
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
non-hazardous solid waste and ones that produce or handle
hazardous solid waste. Subtitle C separates these two
groups by requiring all generators of solid waste to
determine if any of their waste is hazardous using the
procedures outlined in Chapter 1. Once a generator
determines that all or part of the waste produced is
hazardous he must comply with the regulatory requirements
of Subtitle C.
The regulatory requirements for hazardous waste generators
include:
• Obtaining an EPA ID number
• Handling of hazardous waste before transport
-------
CHAPTER 2
REGULATIONS APPLICABLE TO
GENERATORS OF HAZARDOUS WASTE
111-24
EPA ID NUMBER
PRE-TRANSPORT
REGULATIONS
Labels
Placards
DANGEROUS)) «M,',I.1IHW1»> « OXYGEN
• Manifesting of hazardous waste
• Recordkeeping and reporting.
All Subtitle C generators, however, are not treated equally.
Some generators do not have to comply with all of the
regulatory requirements listed above. The specific
requirements of and exemptions to the Subtitle C generator
regulations are outlined below.
One way that EPA monitors and tracks generators is by
assigning 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 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 wastes (49 CFR Parts 172,173,
178, and 179). These DOT regulations requires
• Proper packaging to prevent leakage of hazardous
waste, during both normal transport conditions and
in potentially dangerous situations, e.g., when a
drum falls out of a truck
• Identification of the characteristics and dangers
associated with the wastes being transported through
labeling, marking and placarding of the packaged
waste.
It is important to note that these pre-transport regulations
only apply to generators shipping waste off-site.
In addition to adopting the DOT regulations outlined above,
EPA also developed pre-transport regulations that cover the
accumulation of waste prior to transport. A 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.
-------
CHAPTER 2
REGULATIONS APPLICABLE TO
GENERATORS OF HAZARDOUS WASTE
111-25
JULY
JUNE
MAY
90 DAYS
A Generator May Accumulate
Hazardous Waste for
90 Days Before
Being Considered a
Storage Facility
THE MANIFEST
• Emergency Plan - A contingency plan and
emergency procedures to use in an emergency must
be developed.
• Personnel Training — Facility personnel must be
trained in the proper handling of hazardous waste.
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 is considered an operator of a storage
facility and must comply with the Subtitle C requirements
for 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.
In the near future there will be an exception to this 90-day
accumulation period that applies to generators of between
100 and 1,000 kg/mo of hazardous waste who ship their
waste off-site. HSWA requires that regulations be
developed to allow such generators to accumulate waste for
180 days (or 270 days if the waste must be shipped over
200 miles) before they are considered an operator of a
storage facility.
As mentioned earlier, the Subtitle C program was 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 (the cradle) to the point of
ultimate treatment, storage, or disposal (the grave). RCRA
manifests contain a lot of information including the
following:
• Name and EPA identification number of the
generator, the transporter(s), and the facility where
the waste is to be treated, stored, or disposed of
U.S. DOT description of the waste being transported
-------
CHAPTER 2
REGULATIONS APPLICABLE TO
GENERATORS OF HAZARDOUS WASTE
111-26
Quantities of the waste being transported
Address of the treatment, storage, or disposal facility
to which the generator is sending his waste (the
designated facility)
In addition, HSWA requires that each manifest certify that:
• 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 generator is that practicable method currently
available that minimizes the risk to human health and
the environment.
It is especially important for the generator to prepare the
manifest properly since he is responsible for die hazardous
waste he produces and its ultimate disposition.
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 hazardous waste has made it to its
ultimate destination. At the time this manual was printed,
EPA was taking comments on proposed regulations that
would reduce the manifesting requirements for generators of
100 - 1,000 kg/mo of hazardous waste who transport their
waste off-site. Because the purpose of a manifest is to track
hazardous waste off-site, it is not required for generators
who treat, store, or dispose of their waste on-site.
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 the manifest from the designated facility,
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).
-------
CHAPTER 2
REGULATIONS APPLICABLE TO
GENERATORS OF HAZARDOUS WASTE
111-27
RECORDKEEPING AND
REPORTING
Biennial Reporting
Exception Reports
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. Subtitle C contains three primary
recordkeeping and reporting requirements:
• Biennial reporting
• Exception reporting
• Three year retention of reports, manifests,
and test records.
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 the
generator's activities during the previous calendar year
including:
• 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.
HSWA expanded the scope of the biennial report to include
a description of:
• Efforts taken to reduce the volume and toxicity of the
wastes generated
• Changes in volume or toxicity that were actually
achieved, as 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
-------
CHAPTER 2
REGULATIONS APPLICABLE TO
GENERATORS OF HAZARDOUS WASTE
1-28
Three Year Retention of
Reports, Manifests,
and Test Records
ADDITIONAL GENERATOR
REQUIREMENTS AND
EXCLUSIONS
INTERNATIONAL SHIPMENTS
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 taken to locate the waste, and the
results of these efforts.
The generator must keep a copy of each biennial report and
any exception reports for a period of at least 3 years from
the date the report was submitted. The generator also is
required to keep a copy of all manifests for 3 years or until
he receives a copy of the manifest signed and dated from the
owner or operator of the designated facility. The manifest
from the facility must then be kept for at least 3 years from
the date on which the hazardous waste was accepted by the
initial transporter. Finally, the records of the waste analyses
and determinations undertaken by the generator must be kept
for at least 3 years from the date that the waste was last sent
to an on-site or off-site TSD. 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 Administrator. As
with the manifesting requirements, at the time this manual
was printed the EPA was taking comments on proposed
regulations that would reduce the recordkeeping
requirements for generators of 100-1,000 kg/mo of
hazardous waste who ship their waste off-site.
Additional generator requirements apply to persons who
export their wastes. Furthermore, farmers have been
excluded from complying with generator requirements under
certain circumstances. These two situations are discussed
below.
Prior to HSWA the regulations allowed hazardous wastes to
be exported from, the United States with only minimal notice
to EPA or the receiving country. RCRA, as amended,
however, sets additional notification requirements for such
exports.
These new requirements direct the exporter to notify the
Administrator of the nature of the shipment, e.g., dates,
quantity, and description of the wastes, at least 4 weeks
prior to shipment. Within 30 days of the receipt of this
notification, the State Department, acting on behalf of the
Administrator, must inform the receiving country about the
export. The country, in turn, must consent (in writing) to
accept the waste. If an international agreement exists
-------
CHAPTER 2
REGULATIONS APPLICABLE TO
GENERATORS OF HAZARDOUS WASTE
111-29
FARMER EXCLUSION
between the United States and the receiving country, then
notice and consent for each shipment are not required.
Regulations for these new notification requirements are
supposed to be developed. If such regulations are not
developed by November 6,1986, the statutory requirements
automatically take effect.
Although farmers can be generators of hazardous waste,
they need not comply with the Subtitle C regulations for
generators when the wastes being disposed of are pesticides
used only by them and the:
• Empty pesticide containers are triple rinsed
• Pesticide residues are disposed of on the farm
following the instructions on the pesticide label.
SUMMARY
Generators of more than 100 kilograms of hazardous waste
or 1 kilogram of acutely hazardous waste per month must
comply with all of the generator regulations under Subtitle
C. These include:
• Obtaining an EPA ID number
• Handling of hazardous waste before transport
• Manifesting of hazardous waste
• Recordkeeping and reporting.
Under certain circumstances, farmers, generators who treat,
store, or dispose of their waste on-site, and generators of
100-1,000 kg/mo who ship their waste off-site are exempted
from some or all of the generator requirements.
-------
CHAPTER 3
REGULATIONS APPLICABLE TO
TRANSPORTERS OF HAZARDOUS WASTE
OVERVIEW
WHO ARE THE TRANSPORTERS?
REGULATORY REQUIREMENTS FOR TRANSPORTERS
EPA ID NUMBERS
THE MANIFEST
DEALING WITH HAZARDOUS WASTE DISHCARGES
SUMMARY
1-31
-------
CHAPTER 3
REGULATIONS APPLICABLE
TO TRANSPORTERS
OF HAZARDOUS WASTE
111-33
OVERVIEW
TRANSPORTER
Transporters of hazardous waste are the critical link between
the generator and the ultimate off-site treatment, storage, or
disposal of hazardous waste. The transporter regulations
were developed jointly by EPA and the DOT to avoid
contradictory requirements coming from the two agencies.
Although the regulations are integrated, they are not
contained under the same Act. 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 section summarizes the Subtitle C
regulations applicable to transporters. Those readers
interested in getting a more complete picture should review
the DOT Regulations.
WHO ARE THE
TRANSPORTERS?
A Transporter is Defined as:
Any person engaged in the off-
site transportation of manifested
hazardous waste, by air, rail,
highway, or water.
REGULATORY
REQUIREMENTS FOR
TRANSPORTERS
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 (see Chapter 2). This
definition covers transport by air, rail, highway, or water.
The transporter regulations do not apply to either the on-site
transportation of hazardous waste by generators who have
their own TSDs or to TSDs transporting wastes within a
facility.
Under certain circumstances a transporter of hazardous
waste may be subject to regulatory requirements other than
those contained in 40 CFR Part 263. Once a transporter
accepts hazardous waste from a generator or another
transporter he can store it at a transfer station for up to 10
days without being subject to any new regulations.
However, if the storage time exceeds 10 days, the
transporter is considered a storage facility and must comply
with the regulations for such a facility (see Chapter 4). In
addition, transporters who bring hazardous waste into the
United States or mix hazardous wastes of different DOT
shipping descriptions by placing them in the same container
are classified as generators, and must comply with the
regulations applicable to generators outlined in Chapter 2.
A transporter is subject to a number of regulations, including
ones for:
• Obtaining an EPA ID number
-------
CHAPTER 3
REGULATIONS APPLICABLE TO
TRANSPORTERS OF HAZARDOUS WASTE
111-34
EPA ID NUMBER
THE MANIFEST
DEALING WITH HAZARDOUS
WASTE DISCHARGES
• Complying with the manifest system
• Dealing with hazardous waste discharges.
One way that the EPA keeps track of transporters is by
requiring each transportation company to obtain a unique ID
number from EPA. Without this ID 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 Chapter 2. In summary, the
transporter is required to deliver the entire quantity of waste
which he 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, e.g., return the waste or take it to another
facility. Before handing the waste over to a TSD the
transporter must have the TSD sign and date the manifest.
One copy of the manifest remains at the TSD facility while
the other stays with the transporter. The transporter must
retain a copy of the manifest for 3 years from the date the
hazardous waste was accepted by the initial transporter.
Even if generators and transporters of hazardous waste
comply with all appropriate regulations, transporting
hazardous waste can still be dangerous. There is always the
possibility that an accident will occur. To deal with 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
off the discharge area.
The regulations also give certain officials special authority to
deal with 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, he
can authorize waste removal by a transporter who lacks an
EPA ID and without the use of a manifest.
SUMMARY
A transporter of hazardous waste must comply with both
DOT and EPA regulations. The Subtitle C regulations
require a transporter to:
-------
CHAPTERS REGULATIONS APPLICABLE TO 111-35
TRANSPORTERS OF HAZARDOUS WASTE
• Obtain an EPA ID number
• Comply with the manifest system
• Deal with hazardous waste discharges.
Under certain circumstances a transporter of hazardous
waste may also be subject to Subtitle C generator and/or
storage facility requirements.
-------
CHAPTER 4
REGULATIONS APPLICABLE TO TREATMENT,
STORAGE, AND DISPOSAL FACILITIES
OVERVIEW
WHAT IS A TSD?
REGULATORY REQUIREMENTS
INTERIM STATUS AND PERMIT ADMINISTRATIVE AND NON-TECHNICAL
REQUIREMENTS
SUBPART A - WHO IS SUBJECT TO THE REGULATIONS?
SUBPART B - GENERAL FACILITY STANDARDS
SUBPARTS C & D - PREPAREDNESS AND PREVENTION, AND
CONTINGENCY PLAN AND EMERGENCY PROCEDURES
SUBPART E - MANIFEST SYSTEM, RECORDKEEPING
AND REPORTING
INTERIM STATUS (PART 265) TECHNICAL REQUIREMENTS
GENERAL STANDARDS
SUBPART F - GROUND-WATER MONITORING
SUBPART G - CLOSURE, POST-CLOSURE
SUBPART H - FINANCIAL REQUIREMENTS
SPECIFIC STANDARDS
SUBPART I - CONTAINERS
111-37
-------
CHAPTER 4 (CONT.)
SUBPART J - TANKS
SUBPART K - SURFACE IMPOUNDMENTS
SUBPART L - WASTE PILES
SUBPART M - LAND TREATMENT
SUBPART N - LANDFILLS
SUBPART O - INCINERATORS
SUBPART P - THERMAL TREATMENT
SUBPART Q - CHEMICAL, PHYSICAL, AND BIOLOGICAL TREATMENT
SUBPART R - UNDERGROUND INJECTION
PERMIT (PART 264) TECHNICAL REQUIREMENTS
GENERAL STANDARDS
SUBPART F - GROUND-WATER PROTECTION
SPECIFIC STANDARDS
SUBPARTS I & J - CONTAINERS AND TANKS
SUBPART K - SURFACE IMPOUNDMENTS
SUBPART L - WASTE PILES
SUBPART M - LAND TREATMENT
SUBPART N - LANDFILLS
SUBPART O ' INCINERATORS
SUMMARY
111-39
-------
CHAPTER 4
REGULATIONS APPLICABLE
TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
1-41
OVERVIEW
TSD
FACILITIES
Treatment, storage, and,89 disposal facilities (TSDs) are the
last link in the cradle to grave hazardous waste management
system. Subtitle C requires all TSDs handling hazardous
waste to obtain an operating permit (a process described in
the next chapter) and abide by the treatment, storage and
disposal regulations. The TSD regulations establish
performance standards that owners and operators must
apply to minimize the release of hazardous waste into the
environment. Because treatment, storage, and disposal
involve many different types of facilities, e.g., a landfill or
an incinerator, these regulations are far more extensive than
those just described for generators and transporters. Due to
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.
As a result of HSWA, profound changes in the RCRA
program will occur in the near future that will affect disposal
practices. HSWA requires the Administrator to review,
according to a statutory schedule, the wastes specified in
Section 3004(d)(2) of the Act (commonly called California
wastes), solvents and dioxins, and all listed hazardous
wastes to determine if they should be "banned" from land
disposal. He must also determine if specified wastes,
solvents and dioxins should be banned from underground
injection. If the Administrator fails to make these
determinations according to the statutory schedule then the
hazardous waste is banned from land disposal or
underground injection. Because these determinations were
underway at the time this manual was written, the reader
should be aware that they will have an impact on what is
described in this chapter.
WHAT IS A TSD?
The definition of a TSD, according to 40 CFR Part 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 non-hazardous 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.
-------
CHAPTER 4
REGULATIONS APPLICABLE
TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
1-42
REGULATORY
REQUIREMENTS
• Disposal - The discharge, deposit, injection,
dumping, spilling, leaking, or placing of any solid
waste or hazardous waste into or on any land or
water so that any constituent thereof may enter the
environment or be emitted into the air or discharged
into any waters, including ground waters.
The Act establishes two categories of TSDs based on a
facility's status regarding a permit. 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 only permitted facilities may operate,
Congress, 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, which 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 continue 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 a
permit.
Under Section 3004(a) of the Act, EPA was required to
develop regulations for all TSDs. Although only one set
was required, EPA developed two sets of regulations, one
for interim status TSDs, the other for permitted TSDs. The
reason for doing this is that during the process of
developing TSD regulations, EPA decided that owners and
operators of facilities in interim status should meet only a
portion of the requirements permitted facilities must meet.
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, found in 40 CFR Part 264, are "design and
operating" criteria that permit writers include in facility-
specific permits. Both interim status and permit standards
consist of two parts:
• Administrative and non-technical requirements
• Technical requirements.
Because the administrative and non-technical 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 are,
-------
CHAPTER 4
REGULATIONS APPLICABLE
TO TREATMENT, STORAGE
AND DISPOSAL FACILITIES
111-43
INTERIM STATUS AND
PERMIT ADMINISTRATIVE
AND NON-TECHNICAL
REQUIREMENTS
SUBPART A - WHO IS SUBJECT
TO THE REGULATIONS?
therefore, discussed separately. The technical requirements
for interim status facilities (Part 265) are discussed before
those for permitted facilities (Part 264) to reflect the
chronological order in which these two sets of requirements
are applied (facilities move from interim to permitted status).
Thus, the organization of this chapter is broken into three
parts. The first part describes the administrative and non-
technical requirements that apply to both interim status and
permitted facilities. The second part describes the technical
requirements that apply to interim status facilities. Finally,
the third part describes the technical requirements that
permitted facilities must comply with.
The purpose of the administrative and non-technical
requirements is to ensure that owners and operators of TSDs
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
and cover the subject areas shown below:
Subpart Subject
A Who is subject to the Regulations?
B General Facility Standards
Waste analysis
Security
Inspections
Training
Ignitable, reactive or incompatible
wastes
Location standards (permitted
facilities)
C Preparedness and Prevention
D Contingency Plans and Emergency
Procedures
E Manifest System, Recordkeeping and
and Reporting
Subpart A outlines who is subject to the TSD regulations
and 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 wastes must meet the appropriate TSD
regulations. The exceptions to this include:
-------
CHAPTER 4 REGULATIONS APPLICABLE „, ..
TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
• A farmer disposing of pesticides from his own use
The owner or operator of a total enclosed treatment
facility
• The owner or operator of a neutralization unit or a
waste water treatment unit (publicly owned treatment
works that mix hazardous waste with other wastes
are regulated)
• A person responding to a hazardous waste spill or
discharge
• Facilities that reuse, recycle or reclaim hazardous
waste (persons who produce, burn and distribute
hazardous waste derived fuel and used oil recyclers
are regulated as a result of HSWA)
• Generators (including small quantity generators)
accumulating wastes within the time periods
specified in Sections 3001 and 3002 of the Act
• 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, discussed
in Chapter 5, need only meet minimum TSD regulations.
SUBPART B - GENERAL Before handling any hazardous wastes, every facility owner
FACILITY STANDARDS or operator must apply to EPA for an EPA Identification
Number. They must also ensure that their wastes are
properly identified and handled, that facilities are secure and
operating properly, and that personnel working at facilities
are trained in hazardous waste management. To satisfy
these conditions, owners and operators must:
• Conduct Waste Analyses - Waste analyses are
conducted prior to treatment, storage and disposal to
ensure 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
-------
CHAPTER 4
REGULATIONS APPLICABLE
TO TREATMENT, STORAGE
AND DISPOSAL FACILITIES
1-45
owners or operators to perform detailed chemical
and physical analysis of their wastes, to develop and
follow a written waste analysis plan that specifies
test 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
livestock onto the active portions of facilities. To
meet these security objectives an artificial or natural
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 must also take
precautions to avoid fires, explosions, generation of
toxic gases and any other events that would threaten
human health, safety, and the environment. There
are two exemptions 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.
Conduct Inspections - 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 3 years. Any problem areas found must be
remedied.
Conduct Training - The purpose of the training
requirements is to reduce the potential for mistakes
which might threaten human health or the
environment. This is accomplished by ensuring that
facility personnel acquire expertise in the areas to
which they are assigned. The requirements specify:
when facility personnel must be trained, i.e., 6
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.
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.
-------
CHAPTER 4
REGULATIONS APPLICABLE
TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
-46
SUBPARTS C & D -
PREPAREDNESS AND
PREVENTION, AND
CONTINGENCY PLAN AND
EMERGENCY PROCEDURES
SUBPART E - MANIFEST
SYSTEM, RECORDKEEPING
AND REPORTING
Owners or operators must also 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 a reaction.
• Comply With Location Standards - These
requirements only apply to owners or operators who
are obtaining a permit for a new facility. Current
location standards prohibit siting a new facility in a
location where flood or earthquakes could affect a
waste management unit, possibly causing wastes to
be released. HSWA calls for EPA to define areas of
vulnerable hydrogeology and to develop criteria for
acceptable facility locations. Regulating the location
of existing facilities also must be considered.
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, alarms and arranging for coordination
with the local authorities in emergency situations) and are
intended to minimize the possibility and effects of a release,
fire or 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 and reducing the adverse impacts of
hazardous waste releases.
These requirements specify that the manifest be returned
from the facility owner or operator to the generator, thus
completing the manifest loop established in 40 CFR Part
262, the manifest regulations. In addition to the manifest
requirements, Subpart E also includes requirements for
recordkeeping and reporting including operating records,
biennial reports, unmanifested waste reports and reports on
releases, ground-water contamination and closure. Records
and reports provide the regulating authority information
used in assessing compliance with the hazardous waste
regulations. They also provide facility owners and
operators, and local authorities, with information which may
be used in responding to emergencies.
-------
CHAPTER 4
REGULATIONS APPLICABLE
TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
111-47
INTERIM STATUS (PART 265)
TECHNICAL REQUIREMENTS
The objective of the interim status technical requirements is
to minimize the potential for threats resulting from
hazardous waste treatment, storage, and disposal at existing
facilities waiting to receive an operating permit. There are
two groups of interim status requirements:
• General standards that apply to several types of
facilities
• Specific standards that apply to a waste management
method.
An owner or operator of an interim status facility may find
the applicable technical requirements in Subparts F through
Rof40CFRPart265.
GENERAL STANDARDS
SUBPART F - GROUND-
WATER MONITORING
Development and Installation of
Monitoring System
The general standards cover three areas:
1) Ground-water monitoring requirements (Subpart F)
2) Closure, post-closure requirements (Subpart G)
3) Financial requirements (Subpart H).
Ground-water monitoring is only required of owners or
operators of a surface impoundment, landfill, land treatment
facility and some waste piles used to manage hazardous
waste. The purpose of these requirements is to assess the
impact of a facility on the ground water beneath it.
Monitoring must be conducted for the life of the facility
except at land disposal facilities, which must continue
monitoring for up to 30 years after the facility has closed.
The interim status ground-water monitoring program
consists of:
1) Development and installation of a monitoring system
2) Background monitoring
3) Routine monitoring and evaluation
4) Conducting assessments
5) Reporting requirements.
The ground-water monitoring program outlined in the
regulations requires a monitoring system of four wells to be
installed, one upgradient from the waste management unit
and three downgradient. (It is important to note that these
-------
CHAPTER 4
REGULATIONS APPLICABLE
TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
111-48
Background Monitoring
Routine Monitoring and
Evaluation
Assessment Program
numbers 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 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
monitors them for 1 year to establish background
concentrations for selected chemicals. These data form the
basis for all future data comparisons. There are three sets of
parameters for which background concentrations are
established:
• Drinking water parameters
• Ground-water quality parameters
• Ground-water contamination parameters.
Following the establishment of background levels, routine
monitoring begins. Routine monitoring examines ground
water for elevated levels of indicator constituents which
suggest that contamination may be occurring. Semi-
annually, the wells must be sampled for the ground-water
contamination indicator parameters. Annually, they are
monitored for ground-water quality indicator parameters.
Drinking water parameters are not monitored routinely. The
results of routine monitoring are compared to the
background values and tested statistically to determine if
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.
Only when contamination is suspected does the owner or
operator implement a ground-water assessment program to
determine if 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, a report on
ground-water quality must be submitted to the Regional
Administrator. If the results of the ground-water
assessment show no contamination by hazardous wastes,
then the owner or operator resumes routine monitoring for
the indicator parameters. However, if the assessment
-------
CHAPTER 4
REGULATIONS APPLICABLE
TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
1-49
Reporting Requirements
SUBPART G - CLOSURE,
POST-CLOSURE
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.
If the assessment was instituted during the period after a
facility is closed (during post-closure care), the owner or
operator need not continue assessing ground-water
contamination beyond the initial assessment.
Several ground-water monitoring reports are required.
During the first year when initial background concentrations
are being established, a report on each quarterly well
analysis must be submitted. From the second year on, an
annual report must be submitted providing the results of
monitoring for:
• Indicators of ground-water contamination
• Well elevations
• Changes in background levels
• Ground-water contamination assessments.
All or part of the ground-water monitoring requirements
may be waived if the owner or operator can demonstrate that
there is a low potential for migration of hazardous waste
from the facility. An owner or operator may also use an
alternate ground-water monitoring system if, given the
facility's unique 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 TSD facilities 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 disposal facilities, is the 30-year period after closure
during which owners or operators of disposal facilities
conduct monitoring and maintenance activities to preserve
and look after the integrity of the disposal system.
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
ground or surface waters and the atmosphere. The
following discussion focuses on the general closure, post-
closure requirements.
-------
CHAPTER 4
REGULATIONS APPLICABLE
TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
111-50
CLOSED LANDFILL
GROUND WATER
MONITORING
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 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 occur which affect
the closure plan. Prior to closure the plan is submitted to the
Regional Administrator for approval. The 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 onsite, all hazardous wastes 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 serves
the purpose of preserving a record of the TSD that can be
referenced in future years. A notation on the deed to the
facility property must also be made to notify potential
purchasers of the property that the land was used to manage
hazardous waste.
Post-Closure Post-closure is required for disposal facilities. When a
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
-------
CHAPTER 4
REGULATIONS APPLICABLE
TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
1-51
SUBPART H - FINANCIAL
REQUIREMENTS
Financial Assurance
• 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.
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
sudden and non-sudden accidents related to the facility's
operation (States and the Federal Government are exempted
from abiding by these requirements). There are two kinds
of financial requirements:
1) Financial assurance for closure/post-closure
2) Liability coverage for injury and property damage.
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 also be
prepared. 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.
Six mechanisms for guaranteeing financial assurance to
assure EPA that funds are available for closure and post-
closure activities are described in the regulations. All six
mechanisms are adjusted annually for inflation, or more
frequently, if cost estimates change. The six mechanisms
are:
• Trust Fund
• Surety Bond
-------
CHAPTER 4 REGULATIONS APPLICABLE m 52
TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
• Letter of Credit
• Closure/Post-Closure Insurance
• Corporate Guarantee for Closure
• Financial Test.
The first three mechanisms can be used in conjunction with
each other to meet the financial assurance requirements. 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 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 same principle. The parent company that
owns the facility may provide a written guarantee that
sufficient funds are available.
The last type of assurance mechanism works on yet a
different principle. The owner or operator of a facility can
assure, through 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."
A facility may use State financial mechanisms to meet the
financial assurance requirements, if the Regional
Administrator determines that they 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.
Liability Coverage An owner or operator is financially responsible or liable for
bodily injury and property damage to third parties caused by
-------
CHAPTER 4
REGULATIONS APPLICABLE
TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
1-53
Sudden Accidental Occurrences
Non-Sudden Accidental
Occurrences
SPECIFIC STANDARDS
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 and include ground-water and surface-
water contamination. Separate liability coverage for each of
these two types of occurrences must be obtained. A
summary of what is required is discussed below.
An owner or operator of a TSD must have liability coverage
for at least $1 million per occurrence with an annual
aggregate of at least $2 million, exclusive of legal defense
costs. This liability coverage may be demonstrated in one of
three ways, by:
• Obtaining liability insurance
• Passing a financial test
• Using both the financial test and insurance.
Only an owner or operator of a surface impoundment,
landfill, land treatment facility, or group of such facilities,
must maintain liability for non-sudden accidental
occurrences. They must maintain at least $3 million per
occurrence with an annual aggregate of at least $6 million,
exclusive of legal defense costs. Liability coverage may be
demonstrated in the same three ways as sudden liability is
demonstrated.
This section of the regulations, covering Subparts I through
R of 40 CFR Part 265, consists of requirements tailored to
ten specific waste management methods:
• Containers
• Tanks
• Surface impoundments
• Waste piles
• Land treatment
• Landfills
• Incinerators
• Thermal treatment
-------
CHAPTER 4 REGULATIONS APPLICABLE 111-54
TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
• Chemical, physical, biological treatment
• Underground injection.
While the requirements are facility-specific, there are
common elements in each of them. These are:
• Waste analysis
• Monitoring and inspection
• Closure/post-closure
• Recordkeeping
• 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 to the specific
standards 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 the five
elements are beyond the scope of an orientation manual, but
can be found in the regulations (40 CFR Part 265, Subparts
I through P). The last element, general operating
requirements, which has no equivalent in the general
standards section of the regulations, is described in this
section.
The general operating requirements specify operating
procedures for each waste management method. These
operating procedures are the tools used by EPA to assure
that wastes are properly managed, and thus are key to the
interim status requirements. The operating requirements for
each of the ten waste management methods are discussed
below.
SUBPART I - CONTAINERS Drums and containers are a frequently used method of
accumulating and storing wastes. In the past, persons using
waste drums often put them somewhere out of sight,
without any further concern about what would eventually
happen to the wastes. The drums eventually weathered and
corroded, releasing their contents and posing threats to
human health and the environment. EPA recognized that
elementary and straightforward precautions eliminated these
-------
CHAPTER 4
REGULATIONS APPLICABLE
TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
1-55
SUBPART J - TANKS
SUBPART K- SURFACE
IMPOUNDMENTS
Surface Impoundment
problems. The container regulations require nothing more
than simple management practices, including:
• Using containers in good condition. Wastes in
leaking or damaged containers must be
recontainerized.
• Assuring the compatability of the waste with the
container. This is to prevent impairing the ability of
the container to hold wastes.
• Handling containers properly to prevent ruptures and
leaks.
• Preventing the mixture of incompatible wastes.
* Inspections to assess container condition.
At the time this manual was published, new tank regulations
had been proposed but not finalized. As proposed these
regulations are more stringent than the requirements
described herein.
Tanks, which are stationary devices designed to contain an
accumulation of hazardous waste and constructed primarily
of non-earthen materials, are regulated in much the same
way as containers. Persons using tanks, either to store or
treat wastes, must manage the tanks to avoid leaks,
ruptures, spills and corrosion. This includes using
freeboard or a containment structure (e.g., dike or trench) to
prevent and contain escaping wastes, and having a shutoff
or bypass system installed to stop liquid from flowing into a
leaking tank.
A surface impoundment is a depression or diked area (e.g.,
pond, pit or lagoon) used for storage, treatment and
disposal, with the following characteristics:
• Open on the surface
• Designed to hold an accumulation of hazardous
waste in liquid or semisolid form.
Great concern has arisen regarding the use of surface
impoundments for managing hazardous wastes 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 (2 feet of
freeboard was required) and containment of liquids (dikes
were required to have protective covers, such as grass or
-------
CHAPTER 4 REGULATIONS APPLICABLE 111-56
TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
rock to preserve their structural integrity). Liners to prevent
leakage and ground-water monitoring were not required
because it was deemed impractical and infeasible by EPA for
all surface impoundments to be retrofitted for the duration of
the interim period before permitting. Congress, however,
established minimum technological requirements for interim
status surface impoundments in HSWA.
HSWA increases the level of leak protection required at
surface impoundments. Existing surface impoundments in
interim status must retrofit and install double liners, leachate
collection systems, and monitor for ground-water
contamination 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 considered hazardous have 4 years from the
date the new wastes are added to meet the new
requirements. Until November 8, 1986, owners and
operators may apply for variances from these requirements
if their impoundments are not located within 1/4 mile of a
drinking water well, and have at least one liner (not clay)
that is not leaking and is in compliance with the Part 264
ground-water monitoring requirements. Variances may also
be granted to certain waste-water treatment impoundments,
impoundments designed, located and operated to prevent
leakage, and impoundments in the process of retrofitting due
to enforcement action. If any of the exempted
impoundments are likely to leak or begin to leak, they must
be retrofitted to meet the minimum requirements.
New surface impoundments, replacement 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 groundwater.
SUBPART L - WASTE PILES 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. He may comply with either the
waste pile or landfill requirements. Waste piles used for
-------
CHAPTER 4
REGULATIONS APPLICABLE
TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
111-57
SUBPART M - LAND
TREATMENT
Land Treatment
SUBPART N - LANDFILLS
disposal, however, must comply with the requirement for
landfills. The requirements for managing storage and
treatment waste piles involve protecting the pile from wind
dispersion. If hazardous leachate or run-off is generated,
control systems must be constructed, operated and
maintained.
Land treatment, the process of using the land or soil as a
medium to simultaneously treat and dispose of hazardous
waste, is highly regulated because it presents potential risks
in the absence of operational controls. These risks arise
because land treatment involves the direct application of
hazardous waste to the land surface.
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 non-hazardous. Run-on and run-off collection
and management systems must also be installed at the unit.
Monitoring of the soil beneath the treatment area and
comparing it to data on background concentrations of
constituents in untreated soils are required to detect vertical
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
• The concentration of hazardous waste constituents
• The concentration of arsenic, cadmium, lead and
mercury, if food-chain crops are grown on the land.
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 same region. 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 is the cheapest, and thus preferred,
means of disposing of hazardous waste. Until the last
-------
CHAPTER 4
REGULATIONS APPLICABLE
TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
111-58
decade, landfilling practices often focused only on burying
the waste to get it out of sight and on the control of surface
problems such as 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.
Many argue that, because some of these 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, however, are available 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 also control the mixing of
incompatible wastes in landfill cells. Furthermore, ignitable
and reactive wastes may be landfilled only when they 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 crushing
or shredding most landfilled containers so that they cannot
later collapse leading to subsidence and cracking of the
cover. In addition, the interim status regulations for
landfills require ground-water monitoring 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, which
would mobilize, solubilize, or dissolve other wastes or
waste constituents also is required.
-------
CHAPTER 4
REGULATIONS APPLICABLE
TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
1-59
SUBPART O - INCINERATORS
SUBPART P - THERMAL
TREATMENT
Following promulgation of the interim status regulations,
Congress determined that existing requirements for land
disposal (both interim and permit), were inadequate to
protect 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, non-hazardous liquid waste, or hazardous
waste containing free liquids can be disposed of in either an
interim or permit status 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 non-hazardous liquid wastes may be
obtained if the only reasonably available disposal method for
such liquids is a landfill or unlined surface impoundment
which may already contain hazardous wastes and which 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 (lab packs) may, if properly prepared, be placed in a
landfill. In addition to the ban on liquids, expanded or
replaced interim status landfills are required to install double
liners and leachate collection systems.
Incineration, the thermal destruction of primarily organic
hazardous waste using flame combustion, can reduce large
volumes of waste materials to non-toxic gaseous emissions.
The interim status incinerator requirements are only general
operating methods, including:
• Achieving normal steady-state combustion
conditions before wastes are introduced
• Combustion and emission monitoring.
Incineration is only one type of management process that
can be used to thermally treat hazardous waste. Less
conventional methods, such as molten salt pyrolysis,
calcination, wet air oxidation, and microwave discharge, are
regulated under this Subpart. Owners or operators who
thermally treat hazardous wastes (other than incinerators)
must operate the unit following the same requirements
applied to an incinerator. The difference is that the thermal
treatment standards prohibit open burning of hazardous
waste except for the detonation of explosives.
-------
CHAPTER 4
REGULATIONS APPLICABLE
TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
111-60
SUBPART Q - CHEMICAL,
PHYSICAL, AND BIOLOGICAL
TREATMENT
SUBPART R - UNDERGROUND
INJECTION
PERMIT (PART 264)
TECHNICAL REQUIREMENTS
Treatment, although most frequently conducted in tanks,
surface impoundments, incinerators and on 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
attempted to develop 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 that could pose a hazard, 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 also be
installed in continuous flow operations.
Underground injection is the disposal of fluids
underground, through a well. Specific requirements for
owners and operators of underground injection facilities
have not been established under RCRA. Owners and
operators of these facilities must meet the general standards
outlined in Subparts A through E of 40 CFR. They are not
required to meet RCRA closure/post-closure or financial
requirements (Subparts G and H of 40 CFR Part 265).
However, HSWA in Section 7010 prohibits the disposal of
hazardous waste by underground injection into or above a
formation within 1/4 mile of an underground source of
drinking water.
The permitting standards are more extensive than the general
management practices detailed in the interim status
standards, especially in two areas: 1) they require an owner
or operator to take corrective action if ground-water
contamination is detected, and 2) 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 TSDs. The
specific requirements an owner or operator must comply
with are developed for each facility by permit writers, based
on their "best engineering judgment" (BEJ) and the
requirements of 40 CFR Part 264. Such requirements are
then incorporated into the facility's operating permit. For
example, ground-water monitoring requirements are found
in 40 CFR Part 264 but the actual parameters that must be
monitored for are specified in each permit. Thus, although
-------
CHAPTER 4
REGULATIONS APPLICABLE
TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
111-61
GENERAL STANDARDS
SUBPART F - GROUND WATER
PROTECTION
Detection Monitoring
the technical requirements for permits are discussed here,
each facility's permit must be consulted for the requirements
an owner or operator must abide by.
The permit standard technical requirements 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
carry over as permit requirements, the remainder of this
chapter describes only these major provisions of Subparts I
through O of 40 CFR Part 264 that are not found in, or
differ from, Subparts I through O 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 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 although they apply to the same TSDs (surface
impoundments, waste piles, land treatment units and
landfills). They also differ by requiring the owner or
operator to clean up any ground-water contamination. 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 if hazardous
wastes are leaking from a TSD. Detection activities are
similar to those outlined under interim status, including
background monitoring and semi-annual monitoring for
indicator parameters. 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 line on the outer limit of one or a
group of disposal units. The indicator parameters and
-------
CHAPTER 4
REGULATIONS APPLICABLE
TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
111-62
Compliance Monitoring
PROTECTIVE COVER
PVCSCREEN
Ground-Water
Monitoring Well
Corrective Action
SPECIFIC STANDARDS
constituents that must be monitored are specified in the
permit. If leakage is detected, then the owner or operator
must institute a compliance monitoring program and
establish ground-water protection standards.
The objective of the compliance monitoring program is to
evaluate the concentration of certain hazardous constituents
in ground water to determine if ground-water contamination
is occurring. Each permit specifies constituents, and their
concentration limits, for which owners or operators must
monitor. The constituents are those selected from Appendix
VII of Part 261 that could possibly originate from the TSD.
The ground-water protection standards can be:
• Background levels
The values in Table 1 of Part 264.94, or
• Alternate concentration Limits (ACL) established by
the Regional Administrator.
If compliance monitoring indicates any statistically
significant increase in the concentration limits for those
hazardous constituents specified in the permit, then
corrective action must be instituted.
The objective of the corrective action program is to bring the
facility contaminating ground water into compliance. This is
achieved by the owner or operator's removing the hazardous
waste constituents from the ground water or treating the
ground water in place. The permit details the specific
actions to be taken to remove the contamination.
The facility-specific standards cover the following waste
management methods:
• Containers
Tanks
• Surface impoundments
• Waste piles
• Land treatment
• Landfills
• Incinerators.
Note that there are no corresponding 40 CFR Part 264
facility-specific standards for underground injection, thermal
treatment, or chemical, physical, and biological treatment.
-------
CHAPTER 4
REGULATIONS APPLICABLE
TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
111-63
SUBPARTSI & J-
CONTAINERS AND TANKS
SUBPART K- SURFACE
IMPOUNDMENTS
Permit requirements for containers and tanks are very
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 10
percent of the volume of all containers or the volume
of the largest container, whichever is greater.
• When closing a container, all hazardous waste and
hazardous waste residues must be removed. In
addition, any contaminated equipment or soil must
be decontaminated or removed.
• Tanks must be designed and constructed of
sufficient strength and have adequate controls to
assure that they do not collapse or rupture. The
design of tanks is reviewed by EPA to assure that
tank shell thickness follows prescribed design
standards. (Note that the tank regulations are
currently under revision).
Prior to HSWA, 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 that are more stringent because existing
requirements were considered inadequate to prevent
hazardous waste from entering the environment. Surface
impoundments permitted after November 8,1984, including
replacement units and lateral expansions, must install double
liners, leachate collection systems and monitor ground
water. Waivers from this requirement are allowed if the
owner or operator can show that an alternate design or
location is as effective as the liners and leachate collection
system. Monofill surface impoundments containing
foundry wastes and meeting certain conditions may also be
issued a waiver. HSWA also 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.
-------
CHAPTER 4
REGULATIONS APPLICABLE
TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
111-64
SUBPART L - WASTE PILES
WASTE PILES (Storage)
SINGLE LINER - Itwpectable SINGLE UNER-Non tnspectable
WIND DISPERSION CONTROL
LEACHATE&RUNOf
COLLECTION TROUGH
LINER & RUNOFF
COLLECTED tN
DRAINAGE LAYER
^LINER (CONCRETE, ASPHALT, ETC I
PERIODICALLY CLEANED
AND INSPECTED
UNSATURATED ZONE
GROUND WATER
Waste Piles
SUBPART M-
LAND TREATMENT
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 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 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 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. A waste pile that is
covered or protected so that neither run-off or leachate is
generated, however, does not have to meet these
requirements.
HSWA added two requirements for waste piles. Whereas
previously double-lined piles could, under certain
conditions, be exempted from ground-water protection
requirements, this is no longer the case. A waiver may now
only be granted if the waste pile is "an engineered structure"
that the Administrator finds does not receive or contain
liquid waste, excludes liquids, and has a multiple leak
detection system that prevents waste migration. The second
HSWA requirement mandates owners and operators of new
waste piles to install an approved leak detection system.
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 are specified in the permit,
including:
Which wastes can be treated
• Design and maintenance of the land treatment unit to
maximize treatment
Soil monitoring
-------
CHAPTER 4
REGULATIONS APPLICABLE
TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
Ilt-65
SUBPART N -
LANDFILLS
• The hazardous constituents that must be degraded,
transformed or immobilized by treatment
• Size of the treatment zone.
The Administrator will also specify in the permit the design
and operating requirements 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 Parts 264-276.
The permitting standards for landfills include extensive
unsaturated zone monitoring requirements. A monitoring
program must be established to determine if 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.
Landfills, like surface impoundments, are regulated closely
because of the potential impacts they may have on human
health and the environment. HSWA added several
provisions that owners or operators of landfills must meet.
A new landfill unit (including expansions or replacement)
must install two or more liners, two leachate collection
systems (one above and one between liners) and 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.
Another HSWA amendment affecting landfills is the
"liquids in landfills restriction." Bulk or non-containerized
liquids (both hazardous and non-hazardous) 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 non-hazardous
liquids is a non-Subtitle C landfill or unlined impoundment
that contains or may contain hazardous waste, then the
Administrator may allow its disposal in a landfill.
-------
CHAPTER 4
REGULATIONS APPLICABLE
TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
111-66
SUBPART O-
INCINERATORS
By either conducting a trial burn or using alternate data, an
owner or operator must determine the operating methods for
his incinerator that will result in its meeting the following
performance standards:
• 99.99 percent of each principal organic hazardous
constituent (POHC) specified in the permit must be
destroyed or removed by the incinerator
• Hydrogen chloride (HCL) emissions must be
minimized
• Particulate 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. In addition, to realize the required destruction
rates, an incinerator may only be fed hazardous waste once
it has achieved normal operating conditions. While
incinerating hazardous waste, the combustion process and
equipment must be monitored and inspected to avoid
potential accidents or incomplete combustion. The Regional
Administrator may also ask for a sampling of the waste and
exhaust emissions to verify that the operating requirements
in the permit are being met.
SUMMARY
Treatment, storage, and disposal facilities (TSDs) are the
last link in the cradle to grave hazardous waste management
system. In order to handle hazardous wastes TSDs must
obtain a permit and abide by TSD regulations.
TSDs fall into two categories, those:
• In interim status
• That are permitted.
Interim status was developed by Congress to allow certain
owners and operators of facilities in existence on November
19, 1980 (or brought under Subtitle C regulation after this
date due to an 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 - These are "good
housekeeping" requirements, e.g., tanks should be
used properly, found in 40 CFR Part 265.
-------
CHAPTER 4 REGULATIONS APPLICABLE III 67
TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
• Permit Standards - There are facility-specific "design
and operating" requirements incorporated into the
permit, e.g., tanks storing hazardous waste must be
designed to industry specifications found in 40 CFR
Part 264. The permit standard language in the
regulations is general and serves as a guideline for
permit writers in setting the 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 TSDs
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
Contingency plans and emergency
procedures
Manifest system, recordkeeping and
reporting
• Technical Requirements - These ensure that owners
or operators operate TSDs 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
-------
CHAPTER 4 REGULATIONS APPLICABLE III 6£
TO TREATMENT, STORAGE,
AND DISPOSAL FACILITIES
Landfills
Incinerators
Thermal treatment (interim status
standards only)
Chemical, physical, biological
treatment (interim status standards
only)
Underground injection (interim status
standards only).
HSWA requires the Administrator to examine all listed
hazardous wastes and some others to determine if any
should be banned from land disposal. This determination is
currently underway and will likely have an impact on future
TSD practices.
-------
CHAPTER 5
PERMITTING
OVERVIEW
WHO NEEDS A PERMIT?
SPECIAL SITUATIONS
OTHER ENVIRONMENTAL LAWS
EMRGENCIES
NEW INCINERATOR OR LAND TREATMENT FACILITY
THE PERMIT PROCESS
THE PERMIT APPLICATION
ADMINISTRATIVE REVIEW OF THE PERMIT APPLICATION
PREPARING THE DRAFT PERMIT
TAKING PUBLIC COMMENT AND FINALIZING THE PERMIT
MODIFYING, MAINTAINING, AND TERMINATING THE PERMIT
CHANGES DUE TO HSWA
RESEARCH, DEVELOPMENT, AND DEMONSTRATION PERMITS
WASTE MINIMIZATION
CORRECTIVE ACTION AT PERMITTED FACILITIES
EXPOSURE INFORMATION AND HEALTH ASSESSMENTS
SUMMARY
111-71
-------
CHAPTER 5
PERMITTING
1-73
OVERVIEW
Owners or operators of TSDs are required to obtain a permit
to operate a hazardous waste management facility. Permits
identify the administrative and technical performance
standards to which facilities must adhere. Since all TSDs
are required to have one, a permit is the key to implementing
the regulations established under Subtitle C.
RCRA permits can be issued by EPA or an authorized State.
Whether administered by EPA or a State, the permitting
program must meet EPA standards. Indeed, one of the
requirements for a State program is that it be equivalent to,
no less stringent than, and consistent with the Federal
program. Therefore, although this chapter describes
permitting as a Federally run program, the procedures
outlined apply equally to permitting programs run by
authorized States. States may, however, impose regulatory
requirements that are more stringent than the Federal
program.
This chapter covers the entire permitting process including
the:
• Universe of TSDs subject to the permitting
requirements of Subtitle C
• Steps involved in permitting a TSD
• Changes in the permitting process that occurred as a
result of HSWA.
WHO NEEDS A PERMIT?
Owners or operators of existing or new facilities that treat,
store, or dispose of hazardous waste must obtain an
operating permit under Subtitle C. There are, however,
some exclusions to this requirement. These include:
• Generators who store waste on-site in tanks or
containers for less than 90 days
• Farmers who dispose of their own (hazardous)
pesticides on-site
• Small quantity generators
Owners or operators of totally enclosed treatment
facilities
-------
CHAPTER 5
PERMITTING
1-74
SPECIAL SITUATIONS
OTHER ENVIRONMENTAL
LAWS
• Owners or operators of wastewater treatment units
(tanks) and elementary neutralization units (tanks
or containers)
• Transporters who store manifested wastes at a
transfer facility for less than 10 days
• Persons adding absorbent material to waste in a
container and persons adding waste to absorbent
material in a container, provided that these actions
occur at the time waste is first placed in the container
• Owners or operators of solid waste disposal facilities
provided they only handle small quantity generator
waste.
Note that 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 permitting for that activity.
Another group exempted from RCRA's permitting
regulations are those individuals involved in an emergency
situation, e.g., an accidental spill. In such a situation there
is often insufficient time to obtain a RCRA permit for
treatment or containment activities before taking necessary
action. If treatment or containment activities are continued
or initiated after the immediate response is complete, the
person performing these activities is subject to all applicable
Subtitle C permitting regulations.
Included among the ranks of facility owners or operators
required to obtain a permit under Subtitle C are three groups
eligible for unique permits. These groups include owners or
operators that:
• Have a permit under certain other environmental
laws
• May have to respond to a situation which threatens
human health or the environment
• Have just constructed an incinerator or a land
treatment facility.
The 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 another
statute. To avoid duplication EPA has tried to abbreviate the
-------
CHAPTER 5
PERMITTING
1-75
PERMIT-BY-RULE
EMERGENCIES
NEW INCINERATOR OR
LAND TREATMENT
FACILITY
application process for facilities that need to be permitted
under two 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 one of the statutes listed below:
• 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 are in compliance with
one of the three permits listed above need meet only a few
additional Subtitle C regulatory requirements to receive a
RCRA permit. 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, use of the manifest
system, and biennial reporting) will be permitted under
RCRA.
Second, in potentially dangerous situations EPA can forgo
the normal permitting process. Specifically, when there is
"imminent and substantial endangerment to human health or
the environment" a temporary (90 days or less) emergency
permit can be issued to a:
• Non-permitted facility for the storage, treatment, or
disposal of hazardous waste
• Permitted facility for the storage, treatment, or
disposal of hazardous waste not covered by the
existing permit.
Third, 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 may go through a trial period during which
their ability 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
-------
CHAPTER 5
PERMITTING
1-76
THE PERMIT PROCESS
Submittal of a permit
application
Administrative review of
the permit application
Preparing the draft
permit
Taking public comment and
finalizing the permit
Modifying, maintaining, and
terminating a permit
The Permit Process
adequately completes its test the owner or operator can apply
to modify its permit to set the final operating conditions
based on the data generated from these demonstrations.
All hazardous waste TSDs required to get a permit under
Subtitle C go through the same basic permitting process,
with the exception of facilities issued a permit-by-rule, an
emergency permit, or a temporary (trial period) permit.
This process (see Figure 5.1) includes the following five
steps:
1) Submittal of a permit application
2) Administrative review of the permit application
3) Preparing the draft permit
4) Taking public comment and finalizing a permit
5) Modifying, maintaining, and terminating a permit.
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 until the
applicant certifies that the proposed activity complies with
the State's Coastal Zone Management Program, and the
State or its designee agrees with the certification. To get
more information on these laws and their potential impacts
on Subtitle C's permitting process see 40 CFR Section
270.3.
-------
CHAPTER 5
PERMITTING
1-77
THE PERMIT APPLICATION
Owners or operators of facilities that fall under the
permitting regulations are required to submit a
comprehensive permit application that covers all aspects of
the design, operation, and maintenance of the facility.
Through the permit application, EPA or an authorized State
receives valuable information which is used to determine
whether the facility is in compliance with Subtitle C
regulations and for developing a facility-specific permit.
The permit application is divided into two parts, A and B.
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 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 a
Part B, the owner or operator must rely on the regulations
(40 CFR Parts 270 and 264) to determine what to include in
this piece of the application. In addition to the general Part
B information that must be submitted by all owners or
operators of TSDs, there are unique information
requirements that are tied to the type of facility in question.
Depending on the situation, Part A and Part B may be
submitted at different times. Existing facilities (ones in
operation or in the construction phase prior to 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.
Due to the small number of permits issued prior to HSWA,
Congress decided that it was necessary to implement a
statutory timetable for Part B submittals. This timetable is
included in HSWA and summarized below. Those facilities
which fail to meet the call-in deadline, face losing their
interim status and therefore must close.
Type of Facility Loses Interim Status on
Land disposal Nov. 8, 1985
Incinerator Nov. 8, 1989
All other Nov. 8, 1992
Unless It Submits
PartB by
Nov. 8, 1985
Nov. 8, 1986
Nov. 8, 1988
-------
CHAPTER 5
PERMITTING
1-78
• Existing Facilities
Part A +
Part B
• New Facilities
Part A & B
_ Permit
~ Application
Permit
~~ Application
ADMINISTRATIVE REVIEW
OF THE PERMIT
APPLICATION
Part
OK
B<
Info Missing
I
Notice of
Deficiency
Confidentiality of
Information
Under HSWA another group of facilities can submit their
Part A and Part B separately. Specifically, any TSD that
comes under the jurisdiction of Subtitle C due to statutory or
regulatory changes must submit its Part A as soon as it
becomes subject to the new requirements. The Part B for
such facilities can be voluntarily submitted or called in by
EPA. There is a special timetable for land disposal facilities
that come under the jurisdiction of Subtitle C in this manner.
They must apply for a Part B within 12 months of becoming
subject to Subtitle C requirements or lose interim status.
New facilities (ones commencing operations or construction
after November, 19, 1980), because they are ineligible for
interim status, submit their Part A and Part B
simultaneously. This submission must be made at least 180
days prior to the date on which physical construction is
expected to start. The reason for this pre-construction ban is
twofold. First, by not allowing the owner or operator to
obtain interim status, EPA does not have to enforce
environmental standards that are less stringent than those
enforced at permitted facilities. Second, by requiring
submittal of Parts A and B prior to construction, the owner
or operator does not risk losing a substantial financial
investment by building a facility that fails to receive a permit.
Once the owner or operator of a facility has submitted a
complete permit application (both Parts A and B), it is
reviewed, and either approved or denied by the
Administrator. EPA's first step in reviewing the permit
application is to determine if the owner or operator has
submitted all of the required information. If the application
is not complete a Notice of Deficiency Letter is sent to the
owner or operator highlighting the missing information.
Once the owner or operator submits this information the
application is considered complete. Failure to provide this
information can result in denial of the application,
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 this 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 legal counsel) only after
someone outside EPA requests to see the information. If a
claim is substantiated, the information is treated as
-------
CHAPTER 5
PERMITTING
1-79
Evaluating the
Permit Application
confidential and not released. If, on the other hand, a claim
is denied, the information is made public.
After the owner or operator is informed, by letter, that his
application is complete, an in-depth evaluation of the permit
application begins. After the permit application is evaluated,
EPA decides to either approve or deny the application. If the
permit application is denied, EPA must send the owner or
operator a Notice of Intent to Deny. The owner or operator,
in turn, can appeal this decision to the EPA. If the
application is accepted, a draft permit is prepared by EPA
staff.
For facilities which submitted their permit application prior
to November 8,1984 EPA must either approve or deny the
application in accordance with the following schedule set out
under HSWA:
• Land Disposal Facilities — by November 8, 1988
• Incinerators — by November 8, 1989
All other TSDs - by November 8, 1992.
PREPARING THE
DRAFT PERMIT
A Draft Permit Consists of:
Technical requirements
Other conditions:
General
Facility-specific
For facilities that submit their application after November 8,
1984, HSWA places no time limits on how long EPA can
take to evaluate the application. In either case, evaluating an
application is a lengthy process, and can take from 1 to 3
years.
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 and those applied on
a case-by-case basis. Among the general permit conditions
are:
• The requirement to comply with all conditions listed
in the permit
• The responsibility to notify EPA of any planned
alterations or additions to the facility
• The requirement to provide EPA with any relevant
information requested and to allow Agency
representatives to inspect the facility premises under
certain conditions
-------
CHAPTER 5
PERMITTING
1-80
TAKING PUBLIC COMMENT
AND FINALIZING THE PERMIT
MODIFYING, MAINTAINING,
AND TERMINATING
THE PERMIT
• The duty to submit required reports, e.g.,
Unmanifested Waste Report, Biennial Report and
Manifest Discrepancy Report.
The case-by-case permit conditions include:
Compliance Schedule - This is used to bring a
facility into compliance.
Duration of Permit - A permit may be issued for any
length of time that is less than or equal to 10 years.
The exception is a land disposal permit which is
limited to 5 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 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 nature of 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 draft permit (or Notice of Intent to Deny) must
be accompanied by a statement of basis. The latter 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
"appear(s) 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, the Administrator issues
the final permit decision. This decision is binding, but may
be appealed in the local U.S. Court of Appeals.
Periodically each facility is inspected to determine if it has
altered its operation or run into a compliance problem. Any
changes or problems can give rise to one of three actions on
the part of the Agency:
• Modification of permit conditions
-------
CHAPTER 5
PERMITTING
1-81
• Revocation and reissuance of the permit
• Termination of the permit.
Furthermore, the permittee can request the Agency to
undertake any one of these actions.
Modifications of Permit There are two types of modifications that a permit can be
Conditions subject to - minor and major ones. Minor modifications
include:
• Correcting typographical errors
• Allowing for a transfer of permit responsibility
• Changing the estimates of the expected year of
closure.
Such modifications can be made only with the consent of the
permittee.
Major modifications include:
• Major alterations to the permitted facility
• A change in the standards or regulations upon which
the permit was based
• A modification of the compliance schedule.
As with minor modifications the permittee's consent is
required to make a major modification. The procedures for
implementing major modifications are nearly identical to
those required when approving a new permit, e.g., having a
public comment period.
Revocation and Reissuance of
the Permit
There are two situations in which EPA can decide to revoke
and reissue a permit:
• When cause exists for terminating the permit (under
the circumstances described below) yet EPA decides
that revocation and reissuance is a more appropriate
step
• When the permit holder plans to transfer the permit.
-------
CHAPTER 5
PERMITTING
1-82
Termination of the Permit
CHANGES DUE
TO HSWA
RESEARCH, DEVELOPMENT,
AND DEMONSTRATION
PERMITS
WASTE MINIMIZATION
The regulations establish three reasons for either terminating
a permit before it is up or denying a permit renewal
application:
• Non-compliance by the permittee with any condition
of the permit
• Failure, on the part of the permittee, to disclose in
the application or during the permit issuance process
any relevant information, or a permittee's mis-
representation of relevant facts at any time
• A determination that the permitted activity endangers
human health or the environment and can only be
regulated to acceptable levels by permit termination.
The procedures for terminating a permit are essentially the
same as those used in finalizing a permit, described earlier in
this section.
In addition to the changes resulting from HSWA already
discussed in this chapter, there are four others that deserve
mention. They pertain to the issuance of research,
development, and demonstration permits, waste
minimization, corrective action at permitted facilities, and
exposure information and health assessments.
EPA encourages the use of alternate treatment technologies.
Recognizing that for such technologies there are usually no
precedents, HSWA allows the Administrator to issue a
Research, Development, and Demonstration permit to
facilities which employ innovative and experimental
technologies even if no permit standards for the activity are
in place (Section 3005(G)).
For the purpose of expediting review and issuance of these
permits the Agency may waive the usual permit application
and issuance requirements, with the exception of those
concerning financial responsibility and public participation.
These permits are limited to 1 year and may be renewed
three times.
In accordance with RCRA's goal of reducing the amount of
hazardous waste generated nationwide, HSWA requires
owners or operators of permitted facilities that treat, store,
or dispose of hazardous waste on the premises where such
waste was generated to certify annually, that:
-------
CHAPTER 5
PERMITTING
1-83
CORRECTIVE ACTION AT
PERMITTED FACILITIES
EXPOSURE INFORMATION
AND HEALTH
ASSESSMENTS
• There is a program in place to reduce the volume or
quantity and toxicity of waste to the degree
determined by the generator to be economically
practicable.
• The proposed method of treatment, storage, or
disposal is that method currently available to the
generator which minimizes the present and future
threat to human health and the environment.
In order to address non-compliance through the permitting
process, HSWA provides (Section 3004(u)) that any permit
issued under Subtitle C must require corrective action for all
releases of hazardous waste or constituents, regardless of
when the waste was placed at the facility. It further requests
financial assurance for the completion of such corrective
action. For a complete description of corrective action
authority under RCRA see Chapter 6, Enforcement.
In keeping with the belief that landfills and surface
impoundments may pose a greater health risk than other
types of disposal facilities, Congress included in HSWA the
requirement that Part B permit applications for such facilities
be accompanied by information on the potential for public
exposure to hazardous wastes or constituents through
releases from the facility. This exposure information is not
part of the permit application or permit process. Rather, it is
a mechanism to identify human health problems which may
arise.
Once this exposure information is submitted, EPA or the
authorized State makes it available to the Agency for Toxic
Substances and Disease Registry (ATSDR) established
under Superfund. If EPA or the authorized State feels that
the release poses a substantial potential risk to human health,
EPA (or the State with EPA's concurrence) can request the
ATSDR to perform a health assessment and take other
appropriate actions under Superfund, e.g., providing
medical care and testing to exposed individuals. At a
minimum the exposure information must address:
1) Reasonably forseeable potential releases from both
normal operations and accidents at the facility,
including releases associated with transportation to
or from the facility
-------
CHAPTER 5 PERMITTING 111-84
2) The potential pathways of human exposure to
hazardous wastes or constituents resulting from
the releases described in number 1 above
3) The potential magnitude and nature of the human
exposure resulting from releases described in
number 1 above.
SUMMARY Permits detail the administrative and technical performance
standards that TSDs must adhere to, and are thus the key to
implementing Subtitle C regulations. Owners and operators
of existing or new facilities must (with a few exceptions)
obtain an operating permit.
Under certain circumstances owners and operators of
Subtitle C facilities can obtain a unique type of permit:
• Permit-by-rule
• Emergency permit
• Temporary (trial period) permit.
The permitting process consists of five steps:
1) Submittal of a permit application
2) Administrative review of the permit application
3) Preparing the draft permit
4) Taking public comment and finalizing the permit
5) Modifying, maintaining, and terminating a permit.
The passage of HSWA affects the permitting process in a
number of ways:
• Establishes a statutory timetable for Part B
submittals and EPA approval or denial of certain
permit applications
• Allows issuance of research, development and
demonstration permits
-------
CHAPTER 5 PERMITTING III 85
Requires owners and operators of permitted facilities
that treat, store, or dispose of hazardous waste on
the same premises where the waste was generated
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
Provides that permits issued must require corrective
action for all releases of hazardous waste or
constituents
Requires that Part B permit applications be
accompanied by exposure information and health
assessments.
-------
CHAPTER 6
ENFORCEMENT
OVERVIEW
COMPLIANCE MONITORING
INSPECTIONS
ENFORCEMENT ACTIONS
ADMINISTRATIVE ACTIONS
CIVIL ACTIONS
CRIMINAL ACTIONS
AGENCY FUNCTIONS
SUMMARY
111-87
-------
CHAPTER 6
ENFORCEMENT
111-89
OVERVIEW
ENFORCEMENT
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 facility activities and quick
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 could include the use of
administrative orders, civil law suits, or criminal law suits
depending on the nature and severity of the problem. The
combination of effective monitoring and quick legal action is
intended to reduce the number of facility owners who operate
without complying with RCRA's requirements and deter
violations by imposing penalties.
This chapter describes the two essential aspects of the
enforcement program - compliance monitoring and
enforcement actions. It should be noted that all of the
enforcement provisions detailed in this chapter are statutory,
not regulatory.
COMPLIANCE MONITORING
INSPECTIONS
The first phase of the enforcement program is monitoring
facilities to verify their compliance 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
facility. 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 the facility inspection. This is a formal visit to a
facility to review records, take samples, and observe facility
operations. In addition to supplying information for
enforcement proceedings, inspections are used to gather data
to assist EPA in the development of RCRA regulations, and
to help EPA track program progress and accomplishments.
-------
CHAPTER 6
ENFORCEMENT
1-90
Inspections
A Means of Reviewing,
Observing and Gathering
Information
Conducting The Inspection
Steps in Conducting an
Inspection:
Review records
Enter facility
Hold opening conference
Conduct inspection
Hold closing conference
• Prepare report.
Compliance information also is obtained through
examination of the reports that each facility is required to
submit. These reports can contain information about the
wastes being handled, the method of handling, and the
ultimate disposition of wastes.
Inspections are carried out by State or EPA officials. In
instances where criminal activity is suspected, the 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 so
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 facility that has handled hazardous waste to
examine the facility's records and take samples of the
wastes.
Prior to HSWA, RCRA did not mandate periodic
inspections of facilities. Now all Federal- or State-operated
facilities must be inspected annually. Furthermore, the
Administrator must commence a program to thoroughly
inspect all other Subtitle C facilities at least once every 2
years (see Sections 3007 (c), (d), and (e)). Facilities may
also be inspected at any time if EPA or the State has reason
to suspect that a violation has occurred. Finally, facilities
are chosen for an inspection when specific information is
needed to support the development of RCRA regulations.
Several steps are generally followed in RCRA inspections to
ensure consistency and thoroughness. First, the inspecting
agency reviews its records about the facility. This is to
identify any likely problems that may be encountered. The
second step is the actual entry onto the facility property.
The inspector identifies himself and describes the nature of
the inspection. In some circumstances, a court warrant may
be needed to gain entry to the facility.
After the inspector has entered the property, an opening
conference is generally held 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.
Finally, a closing conference is held with the owner or
-------
CHAPTER 6
ENFORCEMENT
111-91
operator to respond to questions about the inspection and
provide additional information.
ENFORCEMENT
ACTIONS
ADMINISTRATIVE ACTIONS
After the facility visit is completed, a report is prepared. The
report summarizes the records reviewed and contains any
sampling results. Brief summary conclusions regarding
inspections are 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 facility is in compliance with
the regulations. If it is decided that the facility is not
complying with all of the appropriate State or Federal
requirements, enforcement action may be taken. These
actions are discussed below.
The second phase of the enforcement program involves
taking enforcement actions to bring facilities into compliance
with applicable Subtitle C regulations. Another primary goal
of enforcement actions is to compel monitoring and
corrective action in response to both past and present releases
of hazardous waste, non-hazardous waste, or hazardous
constituents. EPA or an authorized State has a broad range
of enforcement options including:
• Administrative actions
• Civil actions
• Criminal actions.
In each situation, a decision must be made, based on the
nature and severity of the problem at the facility, about which
of these is to be pursued.
An administrative action is non-judicial enforcement action
taken by EPA or a State under its own 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 law
suit and can often be quite effective in forcing a facility 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.
-------
CHAPTER 6
ENFORCEMENT
1-92
Informal Actions
Enforcement Options
Available Under RCRA:
Administrative actions
Civil actions
Criminal actions.
Administrative Orders
An informal administrative action is any communication
from an agency that notifies the facility of a problem. It can
take many forms, e.g., a letter or a phone call. For this
type of action, the responsible agency (EPA or the State)
notifies a facility that it is not in compliance with some
provision of the regulations. This type of action is
particularly appropriate where the violation is of a minor
provision of the regulations 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 may be
sent, setting out specific actions to be taken to move the
facility back into compliance. The warning letter also sets
out the enforcement actions that will follow if the facility
fails to take the required steps.
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 or
the environment. There are four types of orders that can be
issued under RCRA:
Compliance Orders - Section 3008 (a) of RCRA
allows EPA or an authorized State 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
an agency 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 - HSWA provides a new
type of administrative order that EPA or an
authorized State can use on facilities (at the time this
manual was published no State had received
authorization to enforce corrective action orders).
Section 3008 (h) allows for the issuance of an order
-------
CHAPTER 6
ENFORCEMENT
111-93
Administrative Orders Issued
Under RCRA:
• Compliance orders
Corrective action orders
Section 3013 orders
Section 7003 orders.
CIVIL ACTIONS
requiring corrective action at a facility when there has
been a release of a hazardous waste or constituents
into the environment. These orders can be issued to
require corrective action such as repairing of liners or
pumping to remove a plume of contamination.
Furthermore, Section 3004(v) of HSWA provides
that corrective action may be required beyond the
facility boundary. Corrective action can be required
regardless of when waste was placed at the facility.
Thus, past problems 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 or an authorized State
finds that a substantial hazard to human health or the
environment exists at a facility, it can issue an
administrative order 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 to either the current
owner of the facility or to a past owner or operator if
the facility is not currently in operation or 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 non-
hazardous or hazardous solid wastes, EPA or an
authorized State 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.
A civil action is a formal law suit, 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 wastes or constituents.
Civil actions are generally employed in situations that present
repeated or significant violations or where there are serious
environmental concerns.
Civil actions are useful in several situations, such as when
the person being sued has not complied with a previously
-------
CHAPTER 6
ENFORCEMENT
111-94
Civil Actions Filed Under
RCRA:
Compliance action
• Corrective action
• Monitoring and analysis
• Imminent hazard.
issued administrative order. In this case, the courts may
force the facility to comply and impose penalties. Civil
actions are also useful in situations where a long-term
solution to a problem is desired. Here, the jurisdiction of
the court may be helpful to ensure proper supervision of the
facility's actions. In addition, civil actions may be used to
stop conduct that is too dangerous to risk non-compliance
with an administrative order. Civil actions may also set an
example to other facility operators in order to deter their non-
compliance.
RCRA provides authority for filing four different types of
law suits (Civil Actions):
• Compliance Action - The U.S. Government (or an
authorized State) can file suit to force a person to
comply with any applicable RCRA regulations. In
Federal actions the 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 U.S. Government can sue to have the court order
the facility to correct the problem and take any
necessary response measures. The court can also
suspend or revoke a facility's interim status as a part
of its order.
• Monitoring and Analysis - If EPA has issued a
monitoring and analysis order under Section 3013 of
RCRA and the person to whom the order was issued
fails to comply, the U.S. 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 Hazard - As with a Section 7003
administrative order, when any person contributed
or is contributing to an imminent hazard to human
health or the environment at a facility, the U.S.
Government can sue the person to require that
person to take action to remove the hazard or to
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.
-------
CHAPTER 6 ENFORCEMENT III 95
Frequently, several of the civil action authorities will be used
together in the same law suit. This is particularly likely to
happen where a facility 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 law suit can be filed that seeks penalties for
violating the original requirement, penalties for violating the
order, and a judge's order requiring future compliance with
the requirement and the administrative order.
CRIMINAL ACTIONS A criminal action is a prosecutorial action by the United
States Government or a State that can result in the imposition
of fines or imprisonment. There are seven acts identified in
Section 3008 of RCRA that carry criminal penalties ranging
from a fine of $50,000 per day or a prison sentence of up to
5 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 2 to 5 years in jail. Stated briefly,
these acts are knowingly:
• Transporting waste to a non-permitted facility
• Treating, storing, or disposing of waste without a
permit or in violation of a material 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.
-------
CHAPTER 6
ENFORCEMENT
111-96
AGENCY FUNCTIONS
Responsibility for RCRA
Enforcement Divided Among:
• Headquarter's offices
• EPA regions
State agencies.
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 ongoing law suits. As with many
other aspects of the RCRA program, responsibility for
enforcement is largely decentralized. Where a State has
been authorized to carry out its own RCRA program, State
agencies take primary responsibility for enforcement
functions. While the State has the authority to take any
enforcement action, EPA also has the authority to issue
administrative orders or file law suits if the State fails to do
so or does not obtain acceptable results.
SUMMARY
There are two essential elements to RCRA's enforcement
program — compliance monitoring and enforcement actions.
Compliance monitoring is used to determine a facility's
level of compliance with RCRA's regulatory requirements.
There are two primary methods of collecting compliance
monitoring data:
• Inspections by State or EPA officials
• Examinations of the reports that each facility is
required to submit.
Inspections must be conducted:
• Annually at all Federal- or State-operated facilities
• At least once every 2 years at all other Subtitle C
facilities.
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 regu-
lations
Releasing non-hazardous or hazardous solid waste,
or hazardous constituents.
-------
CHAPTER 6 ENFORCEMENT III 97
There are a number of enforcement options available under
RCRA:
• Administrative actions:
Informal
Administrative orders (compliance, corrective
action, Section 3013, and Section 7003)
• Civil actions:
Compliance action
Corrective action
Monitoring and analysis
Imminent hazard
• Criminal actions (e.g., knowingly transporting
waste to a non-permitted facility).
The responsibility for the various enforcement actions is
divided among different headquarters offices, the EPA
regions, and State agencies.
-------
CHAPTER 7
STATE AUTHORIZATION
OVERVIEW
DEVELOPING A STATE HAZARDOUS WASTE PROGRAM
PROGRAM DESCRIPTION
ATTORNEY GENERAL'S STATEMENT
MEMORANDUM OF AGREEMENT
PUBLIC REVIEW OF THE PROPOSED STATE PROGRAM
EPA REVIEW AND APPROVAL OF APPLICATIONS FOR STATE PROGRAMS
REVISING AND TERMINATING APPROVED STATE PROGRAMS
REVISING STATE PROGRAMS
WITHDRAWING APPROVAL OF STATE PROGRAMS
TRANSFERRING PROGRAM RESPONSIBILITIES BACK TO EPA
SUMMARY
1-99
-------
CHAPTER 7 STATE AUTHORIZATION
1-101
OVERVIEW
STATE
RCRA, like many of our nation's environmental laws,
encourages States to take over the responsibility for program
implementation and enforcement from the Federal
Government. This is because States are closer to, and more
familiar with, the regulated community and, therefore, are in
a better position to administer the programs and respond to
local needs effectively. RCRA was designed by Congress
to have the entire Subtitle C program administered by States
with only minimal oversight from the Federal Government.
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 process is described below.
DEVELOPING A STATE
HAZARDOUS WASTE
PROGRAM
States may Assume Responsi-
bility for Subtitle C in Two
Ways:
• Interim authorization
- Phase I -- Implementation
- Phase II -- Permitting
Final authorization.
Under RCRA, as enacted in 1976, the States were given
two options for assuming the responsibility to administer the
Subtitle C program. They could apply for either interim or
final authorization. Interim authorization allows a State to
develop and implement a program that is not exactly the
same as the Federal program (such a State program is
termed "substantially equivalent" in Section 3006(c) of the
Act). For a State program to receive final authorization,
however, it must be equivalent to, no less stringent than,
and consistent with the Federal program it hopes to replace.
In addition, the program must provide adequate enforcement
authority to carry out its provisions, and require a public
notification period prior to issuing a permit. It is important
to note that a State can choose to make its program more
stringent or more extensive than the Federal program and
still be eligible for authorization.
The 1976 legislation enabled a State to receive interim
authorization in two phases. Phase I covers regulations
pertaining to the identification of hazardous wastes, and
standards for generators, transporters, and interim status
TSD facilities. Phase II covers the procedures and
standards for permitting facilities. The intent of Congress in
allowing for interim authorization was to enable States to
pick up the Federal program at a reduced level while
modifying their hazardous waste programs so that they
could meet the more stringent requirements of final
authorization. Under HSWA, however, interim
authorization expired as of January 31, 1986. Now,
States can only apply for final authorization.
-------
CHAPTER 7
STATE AUTHORIZATION
1-102
PROGRAM DESCRIPTION
Because of the expiration date, this chapter will not discuss
the requirements that a State must fulfill to receive interim
authorization. Rather, it will detail the process that a State
must go through to qualify for final authorization.
Any State that seeks final authorization for its hazardous
waste program must submit an application to the
Administrator consisting of 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
• Documentation of public participation activities
(e.g., notice and opportunities for comment on the
State program prior to submission of the application
to EPA)
• Program description
• Attorney General's statement
• Memorandum of Agreement.
Since the first three elements listed above are self-
explanatory, only the last three will be described below.
As the name implies, the program description details the
contents of the hazardous waste program that the State
wants to administer in place of the Federal program. It
includes descriptions of the:
• Scope, structure, coverage, and processes of the
State program
• State agency or agencies that will have responsibility
for running the program
State-level staff who will carry out the program
State's compliance tracking and enforcement
program
-------
CHAPTER 7 STATE AUTHORIZATION III 103
• State's manifest system
• Applicable State procedures, including permitting
procedures and any State administrative or judicial
review procedures
In addition, the program description must include an
estimate of:
• Costs (estimated) involved in running the program
and an itemization of the sources and amounts of
funding available to support the program's
operation.
• The number of generators, transporters, and on-site
and off-site disposal facilities (along with a brief
description of the types of facilities and an indication
of the permit status of these facilities).
• The annual quantities of hazardous wastes generated
within the State, transported into and out of the
State, and stored, treated, or disposed of within the
State (if available).
The most important parts of the program description are the
details of the scope and coverage of the State's program. It
is here that the State lists the statutory and regulatory
requirements with which facilities operating under its
program must comply. These requirements may not be the
ones in effect on the date of the State's application for
program authorization. As a result of HSWA (Section
3006(b)) an application is reviewed on the basis of the
statutory provisions and regulations that were in effect 12
months prior to the State's application submission. This
amendment was intended to ensure that last minute changes
to the Federal program that the State did not have time to
adopt would not prevent an otherwise qualified State from
obtaining final authorization. If the State chooses to develop
a program that is more stringent and/or extensive 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.
ATTORNEY GENERAL'S Regardless of how strong a State program appears to be on
STATEMENT paper, it cannot be effective unless there are mechanisms in
place to implement and enforce it. Therefore, any State that
-------
CHAPTER 7
STATE AUTHORIZATION
111-104
MEMORANDUM OF
AGREEMENT
PUBLIC REVIEW
OF THE PROPOSED
STATE PROGRAM
wants to assume the responsibility for Subtitle C must
demonstrate to the EPA Administrator that the laws of the
State provide adequate authority to carry out all aspects of
the State program. This demonstration comes in the form of
a statement written by the State's Attorney General or, if
properly authorized, the attorney at the State agency with
responsibility for running the program. The statement
includes references to the statutes, regulations, and judicial
decisions that the State will rely on in administering its
program.
Although a State with an authorized program assumes
primary responsibility for administering Subtitle C, EPA
still retains some responsibilities and oversight powers vis-
a-vis the State's execution of its program. 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 operating
the program. The MOA includes 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
• Joint processing of permits for those facilities that
require a permit from both the State and EPA under
different programs
• Specifying the types of permit applications that will
be sent to the Regional Administrator for review and
comment.
For a complete listing of what must be included in the MOA,
see 40 CFR Section 271.8(b).
Once the State has completed its application it must inform
the public about its decision to seek approval by issuing a
notice. The notice must be widely distributed, and the
public given ample opportunity to review the application's
contents. A public hearing may be held if there is enough
interest expressed.
If the application is significantly modified as a result of
information received during the public comment period, the
-------
CHAPTER 7
STATE AUTHORIZATION
1-105
EPA REVIEW AND
APPROVAL OF
APPLICATIONS FOR
STATE PROGRAMS
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.
State must provide for an additional comment period, at
which time public feedback on the modifications is taken.
After the application has been fully scrutinized by the public,
and modified accordingly, it can be suomitted to the
Administrator for review.
After the State has submitted a complete application the
Administrator can proceed to determine whether or not the
State's program should be authorized. In making this
determination the Administrator adheres to the following
schedule:
• Tentative Determination -Within 90 days from the
receipt of the complete application the Administrator
must tentatively approve or disapprove the State's
application. The tentative determination is then
published in the Federal Register.
• Public Input — The public is given 30 days to
comment on the State's application and the
Administrator's tentative determination. If sufficient
interest is expressed, a public hearing will be held
within this time period.
• Final Determination — Within 90 days of the
appearance of the tentative determination in the
Federal Register the Administrator must consider
any comments submitted and decide whether or not
to approve the State's program. This final
determination is then published in the Federal
Register.
Before approving an application, the Administrator must be
satisfied that the following conditions are met:
• Equivalency/Stringency - The State program must
adopt regulatory and statutory requirements that are
at least equivalent to (Section 3006(b)), and no less
stringent than (Section 3009), those implemented
and enforced under the Subtitle C program at the
Federal level. This does not mean that the State
program cannot differ from the Federal program.
Indeed, the State's program can be more stringent
and/or extensive than the Federal program.
• Consistency - The State program must be consistent
with the Federal program and other authorized State
programs (Section 3006(b)). EPA fetuses its
-------
CHAPTER 7
STATE AUTHORIZATION
111-106
STATE
review of consistency on those provisions of a State
program that may interfere with the proper operation
of the national regulatory scheme developed under
RCRA. Accordingly, if a State program
unreasonably restricts, impedes, or operates as a ban
on the free movement of hazardous waste across
State borders or does not meet the Federal manifest
requirements it is deemed inconsistent and cannot be
approved. In addition, any aspect of State law or of
the State program that has no basis in human health
or environmental protection and that acts as a
prohibition on the treatment, storage or disposal of
hazardous waste in the State may be deemed
inconsistent and therefore not approvable.
Enforceability - RCRA requires that State programs
contain adequate authority to enforce all the
requirements developed under Subtitle C (Section
3006(b)). In assessing enforceability, EPA focuses
on the inspection, enforcement remedy, and penalty
authorities contained in the program. The State
program must also provide for public participation in
the enforcement process.
Notice And Hearing in The Permit Process - Under
Section 7004(b) all State programs must provide for
public notification prior to the issuance of permits.
Furthermore, the program must require that both a
public comment period (at least 45 days) and an
informal public hearing be held if a request for such
a hearing is made during the comment period.
REVISING AND
TERMINATING APPROVED
STATE PROGRAMS
REVISING STATE PROGRAMS
Approved State programs are not static. They are subject to
changes ranging from the adoption of new regulatory
requirements to the termination of the program itself.
Specifically, there are three actions that can be taken which
either alter the content or status of the State program:
• Revising the program
• Withdrawing program approval
• Transferring program responsibilities back to EPA.
As Federal and State statutory or regulatory authority is
modified or supplemented, it often becomes necessary to
revise the State program accordingly. Such revisions can be
-------
CHAPTER 7 STATE AUTHORIZATION III 107
initiated by the State or required as a result of changes in the
Federal Subtitle C program.
If the State revises its program it must notify the
Administrator and submit a modified program description,
MOA, and any other documents that EPA determines
necessary under the circumstances. In reviewing the State's
proposed modifications, the Administrator applies the same
standards used in reviewing the State's initial program
application. The revisions become effective upon approval
of the Administrator.
State programs also must be revised in response to changes
in the Federal program. This makes sense in light of the
requirement that all approved State programs be at least
equivalent to, no less stringent than, and consistent with the
Federal program that it wants to replace. States must revise
their programs to incorporate these changes by a specified
date, depending on the type of State program revisions that
are required. If the State is able to modify its program
without passing a statutory amendment, the program must
be revised within 1 year. On the other hand, if a statutory
amendment is required, the State is given 2 years to revise
its program.
Prior to HSWA, changes to Federal requirements were not
enforced in authorized States until the State's program was
appropriately modified and approved by the Administrator.
Now, although authorized States still have 1 or, in some
cases, 2 years to modify their program, the Federal
government can enforce HSWA requirements in an
authorized State until the State receives approval to do so
(Section 3006(g)). This Federal right of enforcement does
not apply to non-HSWA requirements.
The two reasons for creating this State-Federal regulatory
system in authorized States are straightforward.
Considering the scope of the nation's hazardous waste
problems, Congress decided that it was not prudent to allow
for a 1- or 2-year time lag between the promulgation of new
Federal requirements and their enforcement in authorized
States. Furthermore, enforcing these requirements
immediately in nonauthorized States and not in authorized
States would lead to hazardous waste program
inconsistencies at the national level.
In certain circumstances States do not have to revise their
program and have it approved before gaining the authority to
enforce new Federal requirements resulting from HSWA.
-------
CHAPTER 7
STATE AUTHORIZATION
1-108
WITHDRAWING APPROVAL
OF STATE PROGRAMS
TRANSFERRING PROGRAM
RESPONSIBILITIES BACK
TO EPA
Any State that has final authorization for the pre-HSWA
program may submit to the Administrator evidence that its
program contains any requirement substantially equivalent to
a requirement created under HSWA. Such states may
request interim authorization to carry out the HSWA
requirement in lieu of the the Federal Government.
Approved State programs are continually subject to review.
If the Administrator finds that a program no longer complies
with the appropriate regulatory requirements he may
withdraw program approval. Such circumstances include a
failure to:
• Issue permits that conform to the regulatory
requirements
• Inspect and monitor activities subject to regulation
• Comply with the terms of the MOA
• Take appropriate enforcement action.
In deciding whether or not to withdraw program approval,
the Administrator must consider comments from interested
parties and give the State the opportunity to take actions that
would bring it back into compliance. If the State fails to
take appropriate action, program approval is withdrawn and
the responsibility for administering Subtitle C reverts back
to the Federal Government.
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.
SUMMARY
RCRA is designed so that the States can acquire authority to
administer the entire Subtitle C program. Any State that
seeks final authorization for its hazardous waste program
must submit an application to the Administrator consisting
of the following elements:
• A letter from the Governor requesting program
approval
-------
CHAPTER? STATE AUTHORIZATION 111-109
Copies of all applicable State statutes and regulations
• Documentation of public participation activities
• Program description
• Attorney General's statement
• Memorandum of agreement.
Before approving an application the Administrator must be
satisfied that the State program:
• Is equivalent to and no less stringent than the Federal
program
• Is consistent with the Federal program
• Is enforceable
• Provides for public notification prior to the issuance
of a permit.
Approved State programs are subject to:
• Revision
• Withdrawal of approval
• Transfer of program responsibilities back to EPA.
-------
CHAPTER 8
PUBLIC PARTICIPATION
OVERVIEW
GENERAL EPA PUBLIC PARTICIPATION REQUIREMENTS
STATUTORY REQUIREMENTS
REGULATIONS
GUIDANCE
HSWA'S EFFECT ON PUBLIC PARTICIPATION UNDER RCRA
OFFICE OF OMBUDSMAN
DISCLOSURE OF INFORMATION
SUMMARY
111-111
-------
CHAPTER 8 PUBLIC PARTICIPATION
111-113
OVERVIEW
PUBLIC
PARTICIPATION
The right of the public to participate in government decisions
is basic to our democractic 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 decision-making process, the
public is given 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. It
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
for identifying and addressing concerns, and, thereby,
reducing conflict.
This chapter details the public participation framework
established under RCRA. It includes descriptions of the
statutory and regulatory requirements, and a summary of
guidance developed concerning public participation. In
addition, the new features resulting from HSWA are
discussed.
GENERAL EPA PUBLIC
PARTICIPATION
REQUIREMENTS
In consideration of the importance of citizen involvement,
EPA established public participation requirements that apply
to all environmental programs administered by the Agency.
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 decision-
making process
Establishing an appeals process for certain Agency
decisions.
-------
CHAPTER 8
PUBLIC PARTICIPATION
1-114
STATUTORY REQUIREMENTS
Access to Information
Program Implementation
Enforcement
The participation requirements in the APA assure the public
a voice in EPA decision making. However, because the
issues surrounding hazardous waste management often
arouse intense emotions, the public participation framework
developed under RCRA further expands citizen opportunity
for involvement well beyond Agency-wide requirements.
This framework can be broken down into three parts:
• Statutory requirements
• Regulatory requirements
• Guidance.
Those statutory requirements under RCRA that expand upon
the APA's public participation framework cover three areas:
• Access to information
• Program implementation
• Enforcement.
Under RCRA Section 3007 (b) the public is given the right
to see information obtained through a facility inspection.
This information is often of particular interest because it
details the facility's level of compliance with the regulations.
In certain cases, however, the Administrator may remove
the right to see inspection information, e.g., when company
trade secrets are involved.
The Act specifically requires (Section 3006) that the public
be given the opportunity to comment before:
• A State submits an application for authorization to
implement Subtitle C
• EPA decides to grant or deny a State authorization
• EPA withdraws a State's authorization
• EPA issues a suspension or revokes the permit of a
hazardous waste facility.
Under the Act the public is given a fairly broad authority to
ensure that the entire RCRA program is properly
implemented. Specifically, Section 7002 allows a citizen to
bring a civil suit against any person or government agency
alleged to be in violation of any permit, standard, regulation,
condition, requirement, or order which has become effective
under the Act. HSWA expanded the scope of the citizen suit
provisions. Now, a person may also bring suit against any
-------
CHAPTER 8
PUBLIC PARTICIPATION
1-115
REGULATIONS
PUBLIC
EPA
past or present generator, transporter, or 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 or the environment.
The right of citizens to bring suits under Section 7002 is
limited in certain situations. No suit may be brought if the
Administrator or a State is already taking enforcement action
against the alleged violator. HSWA further limits the reach
of such suits by not allowing them to be used to impede the
issuance of a permit or the siting of a facility. Finally, also
under HSWA, transporters are protected from citizen suits
in response to problems arising after delivery of the waste.
Most regulations covering public participation under RCRA
were issued in late 1977, when the Office of Solid Waste
was still part of the Office of Water and Waste Management.
At that time the Assistant Administrator of Water and Waste
Management gathered together a work group to revise and
consolidate the Office's public participation policies. The
general policies then were codified as 40 CFR Part 25 in
February 1979.
The objectives of these regulations are to:
• Make sure the public understands the RCRA
program and proposed changes to it
• Be responsive to public concerns and take them into
account
• Develop a close link among EPA, States, and the
public
• Provide opportunities for public participation beyond
what is required, whenever feasible.
To achieve these regulatory goals, agencies involved in the
implementation of RCRA are required to take actions that
include:
• Providing free copies of reports
• Alerting interested and affected parties of upcoming
public hearings
• Establishing EPA-funded advisory groups when an
issue warrants sustained input from a core group of
citizens.
-------
CHAPTER 8
PUBLIC PARTICIPATION
1-116
GUIDANCE
CONTRACTORS
Who Is Involved In
Public Participation?
In addition to the Part 25 regulations, RCRA's permitting
regulations (40 CFR 270) also cover public participation.
They require the permitting agency to:
• Consider public comments pertaining to permit
violations
• Notify the public of the intent to issue a permit
• Allow 45 days for public comment on the permit
application
• Notify the public of proposed major modifications to
an operating permit.
To supplement the preceding statutory and regulatory
requirements, EPA has recently developed guidance for
public participation in RCRA permitting. The guidance is
designed to:
• Identify public concerns early in the permitting
process
• Encourage the exchange of information between
EPA, the State, the permittee, and the community
• Create open and equal access to the permitting
process
• Anticipate conflicts and provide an early means for
resolution.
The steps that will be taken to achieve these goals for each
facility are outlined in a Public Involvement Plan which is
developed and implemented by regional EPA and/or State
staff. In developing the Plan, staff may interview
individuals in the community. The Plan, in turn, may
recommend that small informational meetings or public
hearings be held to keep community members informed
during the permitting process.
Although this guidance is relatively new and untested, it has
great potential to be effective. Its success will depend on the
degree to which active public involvement in permitting can
reduce citizen fears and lead to the permitting and,
ultimately, the construction of new facilities.
-------
CHAPTER 8
PUBLIC PARTICIPATION
-117
HSWA'S EFFECT ON PUBLIC
PARTICIPATION UNDER
RCRA
OFFICE OF OMBUDSMAN
DISCLOSURE
OF INFORMATION
HSWA created a number of opportunities for public
involvement in the RCRA program. Two of these are
particularly noteworthy:
• The creation of an Office of Ombudsman
• The requirement that authorized States fully disclose
all information relevant to the management of
hazardous waste.
In order to create a central clearinghouse for public concerns
on matters relating to the implementation and enforcement of
RCRA, HSWA requires EPA to establish the Office of
Ombudsman (Section 2008). The Office's primary function
will be to receive complaints and/or requests for information
submitted by any person about any program or requirement
under the Act. The staff, in turn, addresses these public
inquiries. In addition, the Ombudsman makes
recommendations to the Administrator on the appropriate
course of action, when such advice is required. The office
was given a 4-year life-span, ending on November 8,1988.
When EPA is implementing the RCRA program within a
State, the public is given access to facility and site
information relating to permitting, compliance,
enforcement, and the results of inspections. Prior to
HSWA, however, an authorized State was only required to
divulge to the public the name and address of permit
applicants. HSWA (Section 3006(f)) corrects this lack of
equivalency. Now, information obtained by authorized
States regarding facilities must be made available to the
public in substantially the same manner, and to the same
degree, as would be the case if EPA were carrying out the
RCRA program in the State.
SUMMARY
The public participation framework developed under RCRA
expands citizen opportunity for involvement well beyond
Agency-wide requirements (outlined in the Administrative
Procedures Act). This framework consists of:
• Statutory requirements:
- Access to information
- Program implementation
- Enforcement
-------
CHAPTER 8 PUBLIC PARTICIPATION 111-11 £
• Regulations (e.g., the requirement for agencies
involved in the implementation of RCRA to
provide free copies of reports)
• Guidance (e.g., outlining the development
and implementation of Public Involvement
Plans)
HSWA further expanded the public participation program
under RCRA by:
• Creating an Office of Ombudsman
• Requiring that authorized States fully disclose
all information relevant to the management of
hazardous waste.
-------
CHAPTER 9
RCRA AND ITS RELATIONSHIP TO SUPERFUND
AND OTHER ACTS
OVERVIEW
SUPERFUND: WHAT IS IT?
TAKING RESPONSE ACTIONS
WHO PERFORMS THE RESPONSE ACTION?
FINANCING RESPONSE ACTIONS
RCRA/SUPERFUND RELATIONSHIPS
DISPOSAL OF SUPERFUND WASTE
CORRECTIVE ACTION
IMMINENT HAZARD
RCRA'S RELATIONSHIP TO OTHER ENVIRONMENTAL ACTS
SUMMARY
1-121
-------
CHAPTER 9 RCRAANDITS RELATIONSHIP 111123
TO SUPERFUND AND
OTHER ACTS
OVERVIEW
RCRA does not operate alone, but in conjunction with other
environmental Acts. One of the most significant linkages is
between RCRA and Superfund. This linkage includes
Superfund sites having to abide by RCRA requirements, and
an overlap of enforcement authority between the two Acts.
In addition to the RCRA/Superfund linkages, some RCRA
facilities must meet the requirements of other Acts, e.g., the
Clean Water Act.
This chapter will first give a summary description of the
Superfund program, and then discuss the relationships
between RCRA and Superfund before outlining RCRA's
relationship to other environmental statutes.
SUPERFUND: WHAT IS IT?
At the publication of this manual, reauthorization of the
Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA), commonly referred to as
Superfund, is being debated by both houses of Congress, so
specific changes in the requirements of this law are unknown
at this time. This chapter describes the relationship of
RCRA to Superfund as of December 1, 1985.
Superfund was created in response to the discovery in the
late 1970's 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 is Love Canal, in Buffalo, New York, where
a chemical company had buried large amounts of hazardous
waste in a canal originally designed to transport water. After
the canal was capped with clay and soil, during the 1940's
and early 1950's, a community was built around it and a
school on top of it. Over the years the canal leaked and by
1978 the danger to human health had become so great that
President Carter was forced to declare the canal area a
national disaster and relocate families in its vicinity.
At the time that Love Canal gained national attention, EPA
had few tools to deal with a disaster of this type and
magnitude. Although RCRA allowed EPA to require proper
management of hazardous waste at active and properly
closed facilities and to compel persons to abate
endangerments to human health or the environment, it
provided limited authority for governmental response to
leaks or threatened leaks of hazardous waste at abandoned or
-------
CHAPTER 9
RCRA AND ITS RELATIONSHIP
TO SUPERFUND AND
OTHER ACTS
1-124
TAKING RESPONSE
ACTIONS
Removal Actions
inactive sites. It quickly became apparent to the President,
Congress, and a frightened public that some type of national
legislation was needed to fill this void. This legislation took
the form of Superfund, which was passed by Congress on
December 3, 1980, and signed into law a week later by
President Carter.
The Superfund program consists of three functions:
• Taking actions in response to releases or threatened
releases of hazardous substances, pollutants, or
contaminants (Section 104-CERCLA)
• Requiring Responsible Parties (any individuals) or
corporation(s) responsible for, or contributing to a
hazardous waste site -- also referred to as RPs) to
take the appropriate response action and overseeing
their response (Section 106-CERCLA)
• Recovering expenditures for response actions taken
by the Federal Government (Section 107-CERCLA).
EPA has authority to take action under Superfund whenever
there is:
• A release or substantial threat of release of any
hazardous substance
• A release or a substantial threat of release of any
pollutant or contaminant that may present an
imminent and substantial danger to the public health
or welfare.
In some situations the States, the United States Coast
Guard, or the United States Army Corps of Engineers may
take the lead in responding to these types of releases, but
this chapter will focus on the steps taken by EPA to
implement Superfund. Two types of response actions exist:
removal and remedial.
Removal actions generally are short-term cleanups 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 or to clean up a hazardous waste spill,
or to stabilize a site until a permanent remedy can be found.
Removal actions are limited to 6 months duration and $1
million in expenditures, although in certain cases these limits
may be extended.
-------
CHAPTER 9
RCRA AND ITS RELATIONSHIP
TO SUPERFUND AND
OTHER ACTS
1-125
Remedial Actions
WHO PERFORMS THE
RESPONSE ACTION?
FINANCING RESPONSE
ACTIONS
Remedial actions are generally more expensive (an average
of $6-$ 12 million) and of longer duration (an average of 3.5
years) than removal actions. Remedial actions are intended
to provide permanent solutions to hazardous substance
threats. EPA can take remedial actions only at hazardous
waste sites on the National Priorities List (NPL), which
contains the nation's most dangerous sites. Sites are placed
on the NPL after being evaluated through the Hazard
Ranking System (MRS). 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. As of September 1985,
there were 541 sites on the NPL and 309 sites proposed for
inclusion. In certain cases a remedial action can follow a
removal action at the same site.
EPA often tries to identify the parties that are responsible for
the contamination before taking any response action. The
following individuals can be considered responsible parties
(RPs):
• Past and present owners or operators of the site
• Generators of hazardous substances found at the site
• Transporters of hazardous substances to the site.
Once the RPs are identified, EPA determines whether they
are able to undertake the response action. If they are, EPA
can either negotiate a legal agreement requiring the RPs to
respond or unilaterally order them to take the response
action. If the RPs are either unable to respond or refuse to
comply with the Agency's order, EPA can take the necessary
response action itself.
Regardless of who carries out the response, the procedures
for doing so are uniform. These procedures are outlined in
the National Contingency Plan (NCP) the most recent
version of which was published in November, 1985. The
NCP includes the procedures to follow in determining the
appropriate extent of cleanup and of assuring that remedial
actions are cost effective.
As discussed above, EPA's first preference in achieving
cleanup is for the RPs to perform the response action
themselves. Where the RPs do not respond, either because
they are not willing or not able, e.g., bankruptcy, EPA can
take the necessary action using money from the Hazardous
-------
CHAPTER 9
RCRA AND ITS RELATIONSHIP
TO SUPERFUND AND
OTHER ACTS
111-126
RCRA/SUPERFUND
RELATIONSHIPS
DISPOSAL OF SUPERFUND
WASTE
Substance Response Trust Fund (the "Superfund"). The
Fund, set at $1.6 billion, is collected through a combination
of taxes on crude oil, petroleum products, designated
chemical feedstocks, and Federal appropriations. It is used
to pay for Federal and State response costs. The Fund is
also available in limited circumstances to pay for damages to
natural resources, and for epidemiological studies.
In light of the high cost of response actions and the number
of sites and spills that need to be addressed it is easy to see
how even a $1.6 billion fund could quickly be depleted. To
address this problem Congress gave EPA the power to
recover Fund expenditures by bringing suit against RPs for
the cost of Fund-financed cleanup (a process called cost
recovery).
Although Superfund and RCRA are separate programs
(Superfund addressing problems at facilities no longer
operating, RCRA regulating present and future waste
management), they overlap in a number of areas.
Considering that both laws are designed to protect human
health and the environment from exposure to hazardous
wastes, this overlap should come as no surprise. The areas
of relationship encompass:
• Disposal of Superfund wastes
• Corrective action
• Imminent hazards.
When wastes from a Superfund site are taken off-site for
treatment, storage, or disposal, the facility to which they are
brought must have a RCRA permit or be operating under
interim status. Superfund policy further requires that
facilities used for treatment or disposal of Superfund waste
be inspected by EPA to ensure that they are in compliance
with the appropriate RCRA regulations. In addition to
sending waste to facilities that are in compliance with RCRA
regulations, any individual moving waste off a Superfund
site must adhere to RCRA's generator and transporter
requirements.
Wherever applicable, on-site treatment, storage, or disposal
of hazardous waste at Superfund sites must meet RCRA
technical requirements for the design and operation or the
-------
CHAPTER 9
RCRA AND ITS RELATIONSHIP
TO SUPERFUND AND
OTHER ACTS
1-127
CORRECTIVE ACTION
IMMINENT HAZARD
RCRA's RELATIONSHIP
TO OTHER
ENVIRONMENTAL
ACTS
closure of a facility. Individuals involved in such on-site
activities need not, however, comply with RCRA generator,
transporter, or permit requirements.
Prior to HSWA, EPA's only explicit authority for requiring
owners or operators of RCRA facilities to conduct extensive
cleanups was under Superfund. Now RCRA authorizes
EPA to require corrective action under an order or as part of
a permit whenever there is or has been a release of hazardous
waste or constituents into the environment. HSWA provides
similar corrective action authority in response to releases at
interim status facilities. HSWA further directs EPA to
require corrective action beyond the facility boundary, on a
case-by-case basis, pending new regulations to that effect.
EPA interprets the term "corrective action" to cover the full
range of possible actions, from studies and quick-fix
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 their interim
status suspended or revoked.
Both Superfund and RCRA contain provisions that allow
EPA to require persons contributing to an imminent hazard
to take the necessary actions to clean it up. Under
Superfund (Section 106) EPA is given the authority, via the
courts, to abate an imminent or substantial danger to public
health or welfare or the environment that result? from an
actual or threatened release of a hazardous substance. The
authority under RCRA is essentially the same, except that in
RCRA's imminent hazard provision (Section 7003), non-
hazardous as well as hazardous solid waste releases are
addressed. The Superfund and RCRA imminent hazard
provisions may be used in tandem to strengthen the
Government's case.
There are many circumstances under which a TSD facility
may have to comply with the regulatory requirements of
other environmental Acts in addition to those requirements
developed under Subtitle C. These other Acts and their
potential applicability to RCRA facilities include:
• Clean Air Act — Emissions coming from a TSD,
e.g., incinerator, must meet the performance
standards set out in this Act.
-------
CHAPTER 9 RCRA AND ITS RELATIONSHIP HM28
TO SUPERFUND AND
OTHER ACTS
Clean Water Act -- Any portion of a TSD that
discharges wastes into navigable waters must
obtain a National Pollutant Discharge Elimination
System permit under this Act. In addition, any
portion of a TSD that discharges hazardous wastes
into a sewer line that leads into a Publicly Owned
Treatment Works must comply with the Clean
Water Act's pre-treatment standards.
Safe Drinking Water Act ~ The Maximum
Contaminant Levels developed under this Act may
be used in ground-water monitoring programs
conducted at both interim status and permitted
facilities.
Toxic Substances Control Act — Any RCRA
facility that handles hazardous wastes that contain
more than 50 parts per million of PCBs is also
subject to regulation under this Act.
SUMMARY The Superfund program consists of three functions:
• Taking actions (removal or remedial)
in response to releases or threatened
releases of hazardous substances,
pollutants, or contaminants
• Requiring responsible parties to take
the appropriate response and overseeing
their response
• Recovering expenditures for response
actions taken by the Federal Government.
Although Superfund and RCRA are separate programs they
overlap in a number of areas:
• Disposal of Superfund wastes — Superfund
wastes taken off-site must be treated, stored,
or disposed of at a facility that has a RCRA
permit or is operating under interim status.
In addition, wherever applicable, on-site
treatment, storage, or disposal of hazardous
waste at Superfund sites must meet certain
RCRA technical requirements.
-------
CHAPTER 9 RCRA AND ITS RELATIONSHIP HM 29
TO SUPERFUND AND
OTHER ACTS
• Corrective Action — EPA now has two
mechanisms with which to require extensive
cleanups: existing Superfund authority and
new HSWA corrective action authority.
• Imminent Hazard ~ Both Superfund and
RCRA contain provisions requiring
persons contributing to an imminent
hazard to take the necessary actions to
clean it up.
Under certain circumstances, RCRA facilities may have to
comply with the regulatory requirements of other
environmental Acts including the:
• Clean Air Act
Clean Water Act
• Safe Drinking Water Act
• Toxic Substances Control Act
-------
SECTION IV
UNDERGROUND STORAGE TANKS
OVERVIEW
WHO IS REGULATED BY THE UNDERGROUND STORAGE TANK PROGRAM?
THE UNDERGROUND STORAGE TANK PROGRAM
BAN ON UNPROTECTED NEW TANKS
NOTIFICATION
REGULATORY PROGRAM
STATE AUTHORIZATION
INSPECTIONS AND ENFORCEMENT
SUMMARY
IV-1
-------
SECTION IV UNDERGROUND STORAGE TANKS
IV-3
OVERVIEW
As many as 1.5 million underground storage tanks are used
in the United States to contain hazardous substances or
petroleum products. An estimated 100,000 to 300,000 of
these tanks are presently leaking and polluting underground
water supplies, and more may begin to leak within the
coming years. In addition to ground-water contamination,
leaking tanks can damage sewer lines and buried cables,
poison crops, and lead to fires and explosions. To address
this problem, Congress created a new program under
HSWA (Subtitle I) to control and prevent leakage from
underground storage tanks (UST). The UST program
breaks new ground in that, for the first time, the RCRA
program applies to products as well as wastes. Subtitle I
regulates underground tanks storing petroleum products
(including gasoline and crude oil) and any substance defined
as hazardous under Superfund. It is important to note that
Subtitle I does not regulate tanks storing hazardous wastes
as defined by RCRA. Such tanks are already regulated
under Subtitle C (see Chapter 4).
Subtitle I requires EPA to develop both performance
standards for new tanks and regulations for leak detection,
prevention, and correction at all underground tank sites.
While the regulations are being developed, the amendments
impose an interim standard, effective May 7, 1985, which
bars installation of unprotected tanks under most conditions.
Furthermore, Congress has required EPA to conduct three
studies on various types of tanks. The results of these
studies will be used by EPA in making recommendations
concerning any additional regulatory actions which may be
needed. EPA also is gathering information to determine the
extent of the problem of leaking underground storage tanks
nationwide. To help bring this problem to the attention of
tank owners or operators, EPA has issued a Chemical
Advisory on the potential dangers posed by leaking fuel
tanks.
This section will describe the new UST program, including
the ban on unprotected tanks, the tank notification program,
the statutory mandate for the regulatory program, State
authorization, and inspections and enforcement. Because
the UST program is new and the regulations pertaining to it
are under development (e.g., tank performance standards),
only an outline of the program can be given here.
-------
SECTION IV
UNDERGROUND STORAGE TANKS
IV-4
WHO IS REGULATED BY THE
UNDERGROUND STORAGE
TANK PROGRAM?
THE UNDERGROUND
STORAGE TANK PROGRAM
An "underground storage tank" is defined as any tank with
at least 10 percent of its volume buried below ground,
including any pipes attached to the tank. Thus, above-
ground tanks with extensive underground piping may be
regulated under the new law. Any owner or operator,
including Federal entities, who stores petroleum products
or a substance defined as hazardous under Superfund in an
underground tank must meet the new UST requirements.
The UST program does not apply to:
• Tanks holding a hazardous waste regulated under the
RCRA hazardous waste program (Subtitle C)
• Farm and residential tanks with a holding capacity of
less than 1,100 gallons of motor fuel
• On-site tanks storing heating oil
• Septic tanks
• Pipelines regulated under other laws
• Surface impoundments
• Systems for collecting storm water and wastewater
• Flow-through process tanks
• Liquid traps or associated gathering lines related to
operations in the oil and natural gas industry.
The UST program outlined in the Act has five parts:
• Ban on unprotected new tanks
• Notification program
• Regulatory program
• State authorization
• Inspections and enforcement.
Each of these is described below.
-------
SECTION IV
UNDERGROUND STORAGE TANKS
IV-5
BAN ON UNPROTECTED NEW
TANKS
NOTIFICATION
A provision banning underground installation of unprotected
new tanks went into effect on May 7, 1985. Currently, no
person may install an underground storage tank unless:
• It will prevent releases of the stored substances due
to corrosion or structural failure for the life of the
tank
• It is protected against corrosion, constructed of
noncorrosive material or steel clad with noncorrosive
material, or designed to prevent the release of the
stored substances
• The material used in the construction or lining of the
tank is compatible with the substance to be stored.
The maximum penalty is $10,000 per tank for each day this
provision is violated.
Subtitle I calls for a notification program that may affect
several million tank owners. This program requires, in part,
that owners of existing or newly installed underground
storage tanks notify the State or local agency of each tank's
age, size, type, location, and use. The major steps of the
notification program and their implementation schedule are
as shown below:
Schedule
By May 1985
By Nov. 1985
By May 1986
By May 1986
Requirement
State governors must designate the State or
local agency that will receive the
notifications.
EPA must prescribe the form of the notice.
Owners of existing underground storage
tanks must notify the State or local agency
of each tank's age, size, type, location, and
use.
Owners of underground storage tanks taken
out of operation after January 1, 1974, but
still in the ground, must notify the State or
local agency of each tank's age, date taken
out of operation, size, type, location, and
contents (type and quantity of substance
left in the tank).
-------
SECTION IV
UNDERGROUND STORAGE TANKS
IV-6
After May 1986
Owners of newly installed underground
storage tanks must notify the State or local
agency, within 30 days after installation, of
the existence of such tank, specifying the
age, size, type, location, and uses of the
tank.
REGULATORY PROGRAM
Petroleum
Products
Hazardous
Substances
Standards for now tanks February 1987 August 1987
Regulation covering February 1987 August 1988
leak detection/prevention
and corrective action
Figure IV. 1
Deadlines for New Tank
Standards and Regulations
Covering Leak Detection,
Prevention and Corrective
Action
In addition, beginning 30 days after the form of the notice
is prescribed and for 18 months thereafter, any person who
deposits regulated substances in an underground storage
tank must notify the owner or operator of such tank of the
owner's notification requirements. Finally, beginning 30
days after the new tank performance standards are issued
(see Figure IV. 1) sellers of underground storage tanks must
notify purchasers of the owner's notification requirements.
A maximum penalty of $10,000 can be given for not
following these notification procedures.
Under HSWA, EPA must develop and promulgate
regulations that specify performance standards for new
underground storage tanks, as well as regulations covering
leak detection, leak prevention, and corrective action for
both new and existing tanks. There are two schedules for
developing these regulations, one for tanks containing
petroleum and the other for tanks holding hazardous
substances (see Figure IV. 1).
The law specifies that the leak detection/prevention and
corrective action regulations must require owners/operators
of underground storage tanks to:
• Have methods for detecting releases
• Keep records of the methods
• Take corrective action when leaks occur
• Report leaks and corrective actions taken
• Provide for proper closure of tanks
• Provide evidence, as EPA deems necessary, of
financial responsibility for taking corrective action
and compensating third parties for injury or damages
from sudden or non-sudden releases (States may
finance corrective action and compensation programs
by a fee on tank owners and operators).
-------
SECTION IV UNDERGROUND STORAGE TANKS IV 7
The requirements for cleaning up tanks through corrective
action are expected to be one of the most significant costs
imposed by the new law.
In addition to developing regulations, the law requires EPA
to conduct three studies according to the folowing schedule:
Study Due By
• Tanks containing petroleum products Nov. 1985
• Tanks containing Superfund hazardous Nov. 1987
wastes
• Farm and heating oil tanks Nov. 1987
The purpose of the first two studies is to assess the age,
type, and location of such tanks, the relationship between
these factors and the likelihood of leakage. In addition, they
will examine the effectiveness and cost of inventory
systems, tank testing, and leak detection sytems, and other
factors which the Administrator deems appropriate. The last
study shall include estimates of the number and location of
such tanks, and an analysis of the extent to which they may
be leaking. The results from this study will be used to
determine whether farm tanks holding less than or equal to
1,100 gallons and/or heating oil tanks should be subject to
Subtitle I regulation.
STATE AUTHORIZATION Several States already have or are developing regulatory
programs for underground storage tanks. The new law is
designed to avoid interfering with those State programs and
to encourage other States to press ahead with control
programs. Avoiding interference is why the notifications
discussed earlier will be received directly by States and local
agencies. However, States must still apply to EPA for
authorization (beginning in May 1987) to operate an UST
program. The law gives States a choice in selecting whether
their program will cover petroleum or hazardous substance
tanks, or both. State programs must include all the
regulatory elements of the Federal program and provide for
adequate enforcement. After a 1- to 3-year grace period,
State requirements must be no less stringent than Federal
requirements.
-------
SECTION IV
UNDERGROUND STORAGE TANKS
IV-8
INSPECTIONS AND
ENFORCEMENT
HSWA provides authority for Federal and State personnel
to:
• Request pertinent information from tank owners
• Inspect and sample tanks
• Monitor and test tanks and surrounding soils, air,
surface water, and ground water.
Federal enforcement is also included in the new law. EPA
may issue compliance orders for any violation of the UST
statute or regulations. If the violator fails to comply with the
order he may be subject to a civil penalty of up to $25,000
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 $10,000. Criminal penalties are not
authorized under Subtitle I.
SUMMARY
HSWA created an entirely new RCRA program, under
Subtitle I, that regulates underground tanks storing
petroleum products and any substance defined as hazardous
under Superfund. Underground tanks storing hazardous
waste as defined by RCRA are regulated under Subtitle C.
The underground storage tank program has five parts:
• Ban on unprotected new tanks
• Notification program
• Regulatory program (the development of standards
for tanks, and regulations concerning leak detection/
prevention and corrective action)
• State authorization to carry out the Subtitle I
program
• Inspections and enforcement.
Because the Subtitle I program is so new, very few of the
regulations pertaining to it have been developed.
-------
APPENDIX A
UNIFORM HAZARDOUS WASTE MANIFEST
-------
Please pi ml 01 type (Form designed for use on elite (12-pitch) typewriter.I
Form Approved OMB No 20OO-0404 Expires 7-31-86
G
E
N
E
R
A
T
O
R
1
R
A
N
S
P
O
R
T
E
R
F
A
C
L
T
Y
UNIFORM HAZARDOUS
WASTE MANIFEST
J Generator s Name and Mailing Address
4 Generator's Phone ( )
5 Iransporter 1 Company Name
"7 Transporter 2 Company Name
1 . Generator's US EPA ID No Manifest
Document No
1 1 1 1 1 1 1 1 1 1 1 III
6
1 I
8
1 1
9 Designated Facility Name and Site Address 10
1 1
US EPA ID Number
III | |
US EPA ID Number
I I I I I
1
US EPA ID Number
II II
1 1 US DOT Description (Including Proper Shipping Name, Hazard Class, and ID Number)
a.
b.
c.
d.
' ':-^'.^*;^'^^-^'j'^' ', •"':'."• '/';V,V-cJ;
,'./ .;;-S^ !H";'J'":'"'i;-"^5S| i;:^:vi:rn4
SliilSiil
illliiSB 1
1
12. Com
No
I
B
2. Page 1
of
^t!5HiI?
Information in the shaded areas
is not required by Federal
law
-:K'^U^4^4f^i^*^^^^^^^ll|s^
ffXWj^.V'^
!/Q->v&C
S^S^^&B
smers 13. 14
Total Unit
Type Quantity Wt/Vo
I I I
I
I
I
1
1
1
g^s. ^ ;' ^ r^" ,/
"<£* /f ' '"'- ! -<^, ' *•$'•' -/'
',*,',•,'"'' '"'-, •"-
*'Vq,,',.Vy-J^
*"A ' ' , "'",-•
-•'^'V^aW
A-/ "'*<.'•' X-'vV.-'x
N."*x'Vp~';f /'••'
O'^vs^j^O'
1'lil
• ''•''\J •/•'> S''/1"'*
A^XS
'./.'--, •- .''I W
' * F /-< ' - / ' ' - r
*'•''*]•? /:/'\^C)
15. Special Handling Instructions and Additional Information
16 GENERATOR'S CERTIFICATION: 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.
Unless I am a small quantity generator who has been exempted by statute or regulation from the duty to make a waste minimization certification
under Section 3OO2(b) of RCRA, I also certify that 1 have a program in place to reduce the volume and toxicity of waste generated to the degree 1
have determined to be economically practicable and 1 have selected the method of treatment, storage, or disposal currently available to me which
minimizes the present and future threat to human health and the environment
Printed/Typed Name
1 7 Transporter 1 Acknowledgement of Receipt
of Materials
Printed/Typed Name
1 8 Transporter 2 Acknowledgement of Receipt
of Materials
Printed/Typed Name
19 Discrepancy Indication Space
20 Facility Owner or Operator Certification of
Signature
|
Month Day Year
1 I 1
Signature
Signature
1
Month Day Year
1 1
Month Day Year
II II
receipt of hazardous materials covered by this
Printed/Typed Name
Signature
manifest except as noted in Item 19
Month Day Year
I I I
EPA Form 8700-22 (Rev. 4-85) Previous edition is obsolete
A-1
-------
APPENDIX B
OTHER SOURCES OF INFORMATION
-------
APPENDIX B -- OTHER SOURCES OF INFORMATION B-1
Very little RCRA orientation information currently exists. Some sources of information that may be useful are
listed below:
The New RCRA Hazardous and Solid Waste Amendments of 1984 --
A slide presentation describing the new RCRA program. It was produced by EPA's Office of
Solid Waste and is available for purchase from:
National Audio-Visual Center
National Archives and Records Administration
Customer Services Section NR
8700 Edgeworth Drive
Capitol Heights, MD 20743-3701
Attack on Hazardous Waste --
A slide presentation covering the hazardous waste program of 1980. It was produced by
EPA's Office of Solid Waste in 1980 (revised 1983) and is available for purchase from the
National Audio-Visual Center (address above).
Hazardous and Solid Waste Amendments --
A videotape produced by EPA technical experts that explains the Hazardous and Solid Waste
Amendments of 1984. It is available for purchase from the National Audio-Visual Center
(address above).
Hazardous Waste Management Institute Manual --
This manual is the textbook for a model curriculum on hazardous waste technology
(November, 1985). It is edited by ley K. Jeyapalan and Daniel R. Viste and published by:
The Wisconsin Hazardous Waste Management Center
The University of Wisconsin - Madison
2304 Engineering Building
1415 Johnson Drive
Madison, WI 53706
-------
APPENDIX B -- CONTINUED B 2
Federal Regulation of Hazardous Wastes: A Guide to RCRA --
This book is written by John Quarles and published by the Environmental Law Institute
(October, 1982). It provides an overview of Subtitle C of RCRA, outlining the regulations and
their impact on the regulated community. The book is for sale from:
Hazardous Waste Report
P.O. Box 3645
HarrisburgPA 17105
RCRA/Superfund Hotline --
A telephone call-in service set up by EPA's Office of Solid Waste and Emergency Response to
answer any questions regarding RCRA and Superfund. The phone number is 202-382-3000
(in Washington D.C.) or toll free - 800-424-9346 (outside of the District).
-------
APPENDIX C
EPA ORGANIZATION
-------
APPENDIX C -- EPA ORGANIZATION
C-1
HEADQUARTERS AND REGIONAL ORGANIZATION
U.S. Environmental Protection Agency
STAFF OFFICES
ADMINISTRATIVE LAW JUDG
CIVIL RIGHTS
SMALL & DISAOVANTAGED
BUSINESS UTILIZATION
SCIENCE ADVISORY BOARD
1
ASSISTANT
ADMINISTRATOR FOR
ADMINISTRATION AND
RESOURCES MQMT
H OFFICE OF THE
COMPTROLLER
H OFFICE OF
ADMINISTRATION
4 OFFICE OF
INFO RESOURCES
MANAGEMENT
OFFICE OF
— ADMINISTRATION
CINCINNATI, OH
H OFFICE OF
ADMINISTRATION
HTP, NC
1
ES
ASSISTANT
ADMINISTRATOR FOR
ENFORCEMENT AND
COMPLIANCE
MONITORING
ASSISTANT
ADMINISTRATOR FOR
WATER
OFFICE OF WATER
- ENFORCEMENT
AND PERMITS
OFFICE OF WATER
REGULATIONS
AND STANDARDS
OFFICE OF WATER
PROGRAM
OPERATIONS
^ OFFICE OF
DRINKING WATER
ADMINISTRATOR
DEPUTY
ADMINISTRATOR
1
GENERAL
COUNSEL
ASSISTANT
ADMINISTRATOR FOR
SOLID WASTE AND
EMERGENCY RESPONSE
-L
OFFICE OF
SOLID WASTE
H OFFICE OF
EMERGENCY AND
REMED RESPONSE
1 OFFICE OF
*— \ WASTE PROGRAMS
I ENFORCEMENT
1 1
I ASSOCIATE ADMINISTRATOR 1
I FOR INTERNATIONAL ACTIVITIES!
1 ASSOCIATE ADMINISTRATOR 1
| FOR REGIONAL OPERATIONS J
ASSISTANT
ADMINISTRATOR FOR
POLICY. PLANNING
AND EVALUATION
^ OFFICE OF
POLICY ANALYSIS
OFFICE OF
- STANDARDS AND
REGULATIONS
OFFICE OF
MANAGEMENT
SYSTEMS AND
1
ASSISTANT
ADMINISTRATOR FOR
EXTERNAL AFFAIRS
H OFFICE OF INTER
GOVERNMENTAL
LIAISON
OFFICE OF
H OFFICE OF
PUBLIC AFFAIRS
OFFICE OF
"— FEDERAL
ACTIVITIES
ASSISTANT
ADMINISTRATOR FOR
AIR AND RADIATION
I OFFICE OF AIR
-1 QUALITY PLANNING
1 AND STANDARDS
^ OFFICE OF
MOBILE SOURCES
OFFICE OF
RADIATION
PROGRAMS
INSPECTOR
GENERAL
^ OFFICE OF
AUDIT
^ OFFICE OF
INVESTIGATIONS
OFFICE OF
MGMT AND
TECHNICAL
ASSESSMENT
1
ASSISTANT
ADMINISTRATOR FOR
PESTICIDES AND
TOXIC SUBSTANCES
^ OFFICE OF
PESTICIDE
PROGRAMS
OFFICE OF
TOXIC SUBSTANCES
1 'I
ASSISTANT
ADMINISTRATOR FOR
RESEARCH AND
DEVELOPMENT
^ OFFICE OF MONI
TORINO SYSTEMS
AND OUAL ASSUR
OFFICE OF
~ ENV ENGINEERING
AND TECHNOLOGY
OFFICE OF
- ENV PROCESSES X
EFFECTS RESEARCH
4 OFFICE OF
HEALTH RESEARCH
1 1
REGION 1
BOSTON
REGION 2
NEW YORK
I REGION 3
PHILADELPHIA I
REGION 4
ATLANTA
REGION 5
CHICAGO
REGION 6
DALLAS
REGION 1
KANSAS CITY I
REGION 8
DENVER
REGION 9
SAN FRAN
REGION 10
SEATTLE
U.S. ENVIRONMENTAL PROTECTION AGENCY
401 M STREET SW
WASHINGTON D.C. 20460
(PERSONNEL LOCATOR: (202)382-2090)
-------
APPENDIX C -- CONTINUED
C-2
REGIONAL OFFICES
r\
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
6 —Missouri
8 —Montana
7 — Nebraska
9 — Nevada
1 —New Hampshire
2 — New Jersey
6 —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
9 — American Samoa
9 —Guam
2 — Puerto Rico
2 —Virgin Islands
-------
APPENDIX C -- CONTINUED c'3
REGIONAL ADDRESSES AND TELEPHONE NUMBERS
REGION 1 John F. Kennedy Federal Building--Room 2203
Boston, MA 02203
FTS - 8-223-7210 ODD - (617) 223-7210
REGION 2 26 Federal Plaza-Room 900
New York, NY 10278
FTS - 8-264-2525 ODD ~ (212) 264-2525
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) 881-4727
REGION 5 230 South Dearborn Street
Chicago, IL 60604
FTS - 8-353-2000 DDD - (312) 353-2000
REGION 6 1201 Elm Street
Dallas, TX 75270
FTS - 8-729-2600 DDD - (214) 767-2600
REGION 7 726 Minnesota Avenue
Kansas City, KS 66101
FTS ~ 8-757-2800 DDD - (913) 236-2800
REGION 8 One Denver Place-Suite 1300
999 18th Street
Denver, CO 80202-2413
FTS -8-564-1603 DDD - (303) 293-1603
REGION 9 215FreemontStreet
San Francisco, CA 94105
FTS - 8-454-8153 DDD - (415) 974-8153
REGION 10 1200 Sixth Avenue
Seattle, WA 98101
FTS - 8-399-5810 DDD - (206) 442-5810
-------
GLOSSARY
-------
GLOSSARY
Administrator
Administrative Action--
The Administrator of the United States Environmental Protection
Agency, or his designee.
A non-judicial enforcement action taken by the Administrator (or his
designee) or a State.
Administrative Order--
Administrative
Procedures Act
Biennial Report
California Wastes
CERCLA
An order issued by the Administrator (or his designee) to a violator of
RCRA provisions that imposes enforceable legal duties, e.g., forcing a
facility to comply with specific regulations. There are four types of
RCRA orders: Compliance orders; Corrective Action orders;
Monitoring and Analysis orders and Imminent Hazard orders.
Administrative Procedure Act (APA) is a Federal statute that provides
minimum standards so that the public is informed about the actions of
Federal agencies; and that their interests are properly protected.
A report (EPA Form 8700-13 A) submitted by generators of hazardous
waste to the Regional Administrator due March 1 of each even-
numbered year. The report includes information on the generator's
activities during the previous calendar year. The owner or operator of a
treatment, storage, and disposal facility must also prepare and submit a
biennial report using EPA Form 8700-1313 .
A group of liquid hazardous wastes, including ones with PCB's, heavy
metals, and halogenated organic compounds that EPA must evaluate by
July 8, 1987, to determine if they should be banned from land disposal
or if restrictions should be placed on the land disposal of these wastes.
See HSWA Section 201(d)(2).
The Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA), passed in 1980 and commonly known as
"Superfund". CERCLA gives the Federal government the power to
respond to releases, or threatened releases, of any hazardous substance
into the environment as well as to a release of a pollutant or contaminant
that may present an imminent and substantial danger to public health or
welfare. CERCLA established a Hazardous Substance Trust Fund
(Superfund), available to finance responses taken by the Federal
Government.
-------
CFR
Characteristics
Civil Action
Compliance Order/
Action
Container
Contingency Plan
Corrective Action/
Order
Criminal Action
Designated Facility
Discharge or
Hazardous Waste
Discharge
The Code of Federal Regulations, a document containing all finalized
regulations.
EPA has identified four characteristics of a hazardous waste:
Ignitability; Corrosivity; Reactivity; and EP Toxicity. Any solid waste
that exhibits one or more of these characteristics is classified as a
hazardous waste under RCRA.
A law suit filed in court against a person who has either failed to comply
with statutory or regulatory requirements or an administrative order or
has contributed to a release of hazardous wastes or constituents. There
are four types of civil actions: Compliance; Corrective; Monitoring and
Analysis; and Imminent Hazard.
An order or action issued under Section 3008 (a) of RCRA, requires
any person who is not complying with a requirement of RCRA to take
steps to come into compliance.
Any portable device in which material is stored, transported, treated,
disposed of, or otherwise handled.
A document setting out an organized, planned, and coordinated course
of action to be followed in case of a fire or explosion or a release of
hazardous waste or hazardous waste constituents from a treatment,
storage, or disposal facility that could threaten human health or the
environment.
An order EPA issues that requires corrective action under RCRA
Section 3008(h) at a facility when there has been a release of hazardous
waste or constituents into the environment. Corrective action may be
required beyond the facility boundary and can be required regardless of
when the waste was placed at the facility.
A prosecutorial action taken by the United States Government or a State
towards any person(s) who has knowingly and willfully not complied
with the law. Such an action can result in the imposition of fines or
imprisonment.
A hazardous waste treatment, storage, or disposal facility which has
received an EPA, or state, permit (or has interim status) and has been
designated on the manifest by the generator as the facility to which the
generator's waste should be delivered.
The accidental or intentional spilling, leaking, pumping, pouring,
emitting, emptying, or dumping of hazardous waste onto any land or
water.
-------
Disposal
Disposal Facility
EPA Identification
Number
The discharge, deposit, injection, dumping, spilling, leaking, or placing
of any solid waste or hazardous waste into or on any land or water so
that any constituent thereof may enter the environment or be emmitted
into the air or discharged into any waters, including ground waters.
A facility or part of a facility at which hazardous waste is intentionally
placed into or on any land or water, and at which waste will remain after
closure.
The unique number assigned by EPA to each generator or transporter of
hazardous waste, and each treatment, storage, or disposal facility.
EP Toxicity
A test, called the extraction procedure, that is designed to identify
wastes likely to leach hazardous concentrations of particular toxic
constituents into the ground water as a result of improper management.
It is a characteristic of hazardous waste.
Exception Report
Existing Facility
Facility
A report that generators who transport waste off-site must submit 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 to
which their waste was shipped within 45 days from the date on which
the initial transporter accepted the waste.
A facility which was in operation or for which construction commenced
on or before November 19, 1980.
All contiguous land, structures, other appurtenances, and improvements
on the land, used for treating, storing, or disposing of hazardous waste.
A facility may consist of several treatment, storage, or disposal
operational units, e.g., one or more landfills, surface impoundments, or
a combination of them.
Federal Register
Food-Chain Crops
Freeboard
A document published daily by the Federal government that contains
either proposed or final regulations.
Tobacco, crops grown for human consumption, and crops grown to
feed animals whose products are consumed by humans.
The vertical distance between the top of a tank or surface impoundment
dike, and the surface of the waste contained therein.
Generator
Any person who first creates a hazardous waste, or any person who
first makes the waste subject to the Subtitle C regulation (e.g., imports a
hazardous waste, initiates a shipment of a hazardous waste from a TSD,
or mixes hazardous wastes of different DOT shipping descriptions by
placing them into a single container).
-------
Ground Water
Water below the land surface in a zone of saturation.
Guidance
Hammer Provision
Hazardous Waste
Documents issued primarily to elaborate and provide direction on the
implementation of regulations.
Statutory requirements that go into effect automatically if EPA fails to
issue reglations by certain dates specified in the statute.
As defined in RCRA the term "hazardous waste" means a solid waste,
or combination of solid wastes, which because of its quantity,
concentration, or physical, chemical, or infectious characteristics may -
HSWA
Imminent Hazard
Order
A) cause, or significantly contribute to an increase in mortality or an
increase in serious irreversible, or incapacitating reversible,
illness; or
B) pose a substantial present or potential hazard to human health or
the environment when improperly treated, stored, transported,
or disposed of, or otherwise managed.
As defined in the regulations, a solid waste is hazardous if it meets one
of four conditions:
1) Exhibits a characteristic of a hazardous waste (40 CFR Sections
261.20 through 262.24)
2) Has been listed as hazardous (40 CFR Sections 261.31 through
261.33)
3) Is a mixture containing a listed hazardous waste and a non-
hazardous solid waste (unless the mixture is specifically
excluded or no longer exhibits any of the characteristics of
hazardous waste)
4) Is not excluded from regulation as a hazardous waste.
The Hazardous and Solid Waste Amendments of 1984 (Public Law 98-
616) that significantly expanded both the scope and the coverage of
RCRA.
Used by the responsible agency under the authority of RCRA Section
7003 to force any person contributing to an imminent and substantial
endangerment to human health or the environment caused by the
handling of non-hazardous or hazardous solid waste to take steps to
clean up the problem.
Incinerator
Any enclosed device using controlled flame combustion that neither
meets the criteria for classification as a boiler or is listed as an industrial
furnace.
-------
Inner Liner
Interim Status
Interstate Agency
A continuous layer of material placed inside a tank or container which
protects the construction materials of the tank or container from the
contained waste or reagents used to treat the wastes.
Allows owners and operators of TSDs that were in existence, or for
which construction had commenced, prior to November 19, 1980 to
continue to operate without a permit after this date. Owners and
operators of TSDs are eligible for interim status on an ongoing basis if
the TSD is in existence on the effective date of regulatory changes under
RCRA that cause the facility to be subject to Subtitle C regulation.
Owners and operators in interim status are subject to and must comply
with the applicable standards in 40 CFR Part 265. Interim status is
gained through the notification process and by submitting Part A of the
permit application.
An agency or two or more municipalities in different States, or an
agency established by two or more States, with the authority to provide
for the management of solid wastes, and serving two or more
municipalities located in different States.
Landfill
Land Treatment
A disposal facility or part of a facility where hazardous waste is placed
in or on land and which is not a land treatment facility, a surface
impoundment, or an injection well.
A facility or part of a facility at which hazardous waste is applied onto or
incorporated into the soil surface. Such facilities are disposal facilities if
the waste remains after closure.
Leachate
Liner
Any liquid, including any suspended components in the liquid, that has
percolated through or drained from hazardous waste.
A continuous layer of natural or man-made materials, beneath or on the
sides of a surface impoundment, landfill, or landfill cell, which restricts
the downward or lateral escape of hazardous waste, hazardous waste
constituents, or leachate.
Listed
Hazardous wastes that have been placed on one of three lists developed
by EPA: Non-specific source wastes; Specific source wastes;
Commercial chemical products. These lists were developed by
examining different types of waste and chemical products to see if they
exhibit one of the four characteristics, meet the statutory definition of
hazardous waste, are acutely toxic or acutely hazardous, or are
otherwise toxic.
Manifest
The shipping document, EPA form 8700-22, used for identifying the
quantity, composition, origin, routing, and destination of hazardous
waste during its transportation from the point of generation to the point
of treatment, storage, or disposal.
-------
Metric Tonne
2,200 pounds.
Monitoring and
Analysis Order
New Facility
Used to evaluate the nature and extent of a substantial hazard to human
health or the environment that exists at a TSD. It can be issued to either
the current owner or to a past owner or operator if the facility is not
currently in operation or the present owner could not be expected to
have actual knowledge of the potential release.
A TSD which began operation or for which construction commenced
after November 19, 1980.
Off-site
On-site
Open Dump
The opposite of on-site (see next term).
Means on the same or geographically contiguous property which may be
divided by public or private right(s)-of-ways, provided the entrance and
exit between the properties is at a cross-roads, intersection, and access
is by crossing as opposed to going along the right(s)-of-way. Non-
contiguous properties owned by the same person but connected by a
right-of-way which the person controls and to which the public does not
have access, is also considered on-site property.
Specifically, any facility or site where solid waste is disposed of which
is not a sanitary landfill which meets the Criteria listed in 40 CFR Part
257 ("Subtitle D Criteria") and which is not a facility for the disposal of
hazardous waste.
Operator
Owner
Part A
The person responsible for the overall operation of a facility.
The person who owns a facility or part of a facility.
The first part of the two part application that must be submitted by a
TSD facility to receive a permit. It contains general facility information.
There is a standard form for the Part A.
Part B
The second part of the permit application that includes detailed and
highly technical information concerning the TSD in question. There is
no standard form for the PartB, instead the facility must submit
information based on the regulatory requirements.
Partial Closure
The closure of a discrete part of a facility in accordance with the
applicable closure requirements of 40 CFR Parts 264 or 265. For
example, partial closure may include the closure of a trench, a unit
operation, a landfill cell, or a pit, while other parts of the same facility
continue in operation or will be placed in operation in the future. A
proposed redefinition was published in the March 19, 1985, Federal
Register (50 FR 11068).
-------
Permit
An authorization, license, or equivalent control document issued by
EPA or an authorized State to implement the regulatory requirements of
Subtitle C Parts 264 and 265 for TSDs.
Permit-By-Rule
A provision of Subtitle C whereby a facility is deemed to have a RCRA
permit if it is permitted under the Safe Drinking Water Act, the Clean
Water Act, or the Marine Protection, Research, and Sanctuaries Act and
also meets a few additional Subtitle C requirements as specified at 40
CFR Section 270.60.
Person
An individual, trust, firm, joint stock company, corporation (including a
government corporation), partnership, association, State, municipality,
commission, political subdivision of a State, or any interstate body.
Point Source
Policy
RCRA
Regional
Administrator
Any discernible, confined, and discrete conveyance, including, but not
limited to any pipe, ditch, channel, tunnel, conduit, well, discrete
fissure, container, rolling stock, concentrated animal feeding operation,
or vessel or other floating craft, from which pollutants are or may be
discharged. This term does not include return flows from irrigated
agriculture.
A document that specifies operating policies that must be followed.
They are used by program offices to outline the manner in which pieces
of the RCRA program are to be carried out.
Resource Conservation and Recovery Act of 1976. What we commonly
refer to as RCRA is an amendment to the first piece of Federal solid
waste called the Solid Waste Disposal Act of 1965. RCRA was
amended in 1980 and most recently on November 8,1984 by HSWA.
The highest ranking official in each of the ten EPA regions.
Regulation
Representative
Sample
The legal mechanism that spells out how a statute's broad policy
directives are to be carried put. Regulations are published in the Federal
Register and then codified in the Code of Federal Regulations.
A sample of a universe or whole (e.g., waste pile, lagoon, ground
water, or waste stream) which can be expected to exhibit the average
properties of the universe or whole.
Resource
Conservation
Reduction of the amounts of solid waste that are generated, reduction of
overall resource consumption, and utilization of recovered resources.
Resource Recovery
The recovery of materials or energy from waste.
-------
Site
Sludge
Small Quantity
Generator
The land or water area where any facility or activity is physically located
or conducted, including adjacent land used in connection with the
facility or activity.
Any solid, semi-solid, or liquid waste generated from a municipal,
commercial, or industrial wastewater treatment plant, water supply
treatment plant, or air pollution control facility exclusive of the treated
effluent from a wastewater treatment plant.
A generator who produces less than 1000 kg of hazardous waste
per month (or accumulates less than 1000 kg at any one time ) or one
who produces less than 1 kg of acutely hazardous waste per month (or
accumulates less than 1 kg of acutely hazardous waste at any one time).
The threshold will reduce to 100 kg per month of hazardous waste on
March 31,1986.
Solid Waste
Solid Waste
Disposal Act of
1965
As defined in RCRA the term "solid waste" means any garbage, refuse,
sludge from a waste treatment plant, water supply treatment plant, or air
pollution control facility and other discarded material, including solid,
liquid, semisolid, or contained gaseous material resulting from
industrial, commercial, mining, and agricultural operations, and from
community activities, but does not include solid or dissolved material in
domestic sewage, or solid or dissolved materials in irrigation return
flows or industrial discharges which are point sources subject to permits
under the Clean Water Act, or special nuclear or byproduct material as
defined by the Atomic Energy Act of 1954.
See "RCRA."
State
Any of the 50 States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
Statute
Storage
The law as passed by Congress and signed by the President.
The holding of hazardous waste for a temporary period, at the end of
which the hazardous waste is treated, disposed of, or stored elsewhere.
Superfund
Surface
Impoundment
See "CERCLA."
A facility or part of a facility which is a natural topographic depression,
man-made excavation, or diked area formed primarily of earthen
materials (although it may be lined with man-made materials), which is
designed to hold an accumulation of liquid wastes or wastes containing
free liquids, and which is not an injection well. Examples of surface
8
-------
Tank
The Act
Thermal Treatment
Totally Enclosed
Treatment Facility
Transfer Facility
Transporter
Treatment
TSD
Vector
impoundments are holding, storage, settling, and aeration pits, ponds
and lagoons.
A stationary device, designed to contain an accumulation of hazardous
waste, which is constructed primarily of non-earthen materials (e.g.,
wood, concrete, steel, plastic) that provide structural support.
An acronym for the Resource Conservation and Recovery Act.
The treatment of hazardous waste in a device which uses elevated
temperatures as the primary means to change the chemical, physical, or
biological character or composition of the hazardous waste. Incineration
is an example of thermal treatment.
A facility for the treatment of hazardous waste which is directly
connected to an industrial production process and which is constructed
and operated in a manner which prevents the release of any hazardous
waste or any constituent thereof into the environment during treatment.
An example is a pipe in which waste acid is neutralized.
Any transportation related facility including loading docks, parking
areas, storage areas and other similar areas where shipments of
hazardous waste are held during the normal course of transportation.
Any person engaged in the off-site transportation of hazardous waste
within the United States, by air, rail, highway, or water, if such
transportation requires a manifest under 40 CFR Part 262.
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 non-hazardous or
less hazardous, or to recover it, make it safer to transport, store or
dispose of, or amenable for recovery, storage, or volume reduction.
Acronym for treatment, storage, or disposal facility.
A carrier, usually an insect, which is capable of transmitting disease
from one organism to another.
"U.S. GOVERNMENT PRINTING OFFICE:1986-619-798:40542
------- |