vvEPA
United States
Environmental Protection
Agency
Office of Water &
Waste Management
SW-876
Solid Waste
Hazardous Waste
Management
A Guide to the Regulations
GENERATORS
FEDERAL
PROGRAM
NOTIFICATION
TRANSPORTERS
STATE
PROGRAMS
TSD
FACILITIES
PERMITS
-------
Further information on the hazardous waste regulations may be obtained
from the appropriate EPA Regional Offices:
Region 1 ConnectLcut, Maine, Massachusetts, Rhode Island, Vermont,
New Hampshire
617-233-5775
Region 2 New Jersey, New York, Virgin Islands, Puerto Rico
212-264-0503
Region 3 Delaware, District of Columbia, Maryland, Pennsylvania,
Virginia, West Virginia
215-597-0980
Region 4 Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, Tennessee
404-881-3016
Region 5 Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin
312-886-6148
Region 6 Arkansas, Louisiana, New Mexico, Oklahoma, Texas
214-767-2645
Region 7 Iowa, Kansas, Missouri, Nebraska
816-374-3307
Region 8 Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming
303-837-2221
Region 9 Arizona, California, Hawaii, Nevada, Guam, American Samoa,
CcrnmDnwealth of the Northern Marianas
415-556-4606
Region 10 Alaska, Idaho, Oregon, Washington
206-442-1260
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Hazardous Waste
Management
A Guide to the Regulations
U.S. Environmental Protection Agency/1980
-------
This volume (SW-583) was published by the Public information and
Participation Branch of EPA 's Office of Solid Waste. The guide to the
Federal Register was developed by Angela 5. Vi1k.es (project officer)t
and the Questions and Answers were compiled by Irene Kiefer.
11
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PREFACE
EPA held three public meetings on May 30 and June 2 and 6,
1980, to acquaint the public with the hazardous waste manage-
ment regulations promulgated on February 26 and May 19, 1980,
under Subtitle C of the Resource Conservation and Recovery Act
(RCRA). More than 1,000 questions were asked at those meetings.
Many of the questions were either duplicates or were similar to
other questions. We have, therefore, consolidated a number of
them. The result is this volume, which consists of approximately
300 questions and answers0
Many of the questions concerned the application of the
regulations to specific situations. Because the regulations are
extremely complex, their applicability depends heavily upon the
facts of the situation. In this volume, we have given answers
based upon the facts specified in the questions and, in most
cases, have avoided lengthy, complex answers that would provide
interpretation of the regulations if other facts pertained. The
reader should avoid, therefore, reading more into the answers than
the facts of the situation warrant. Anyone who doubts the applica-
bility of the answer to a particular situation should contact an
EPA Regional Office for clarification. The telephone numbers of
EPA Regional Offices are listed on the inside front cover of this
volume.
EPA has instituted a formal system for responding to requests
111
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for interpretations of the regulations. Under this system, we
intend to issue Regulatory Interpretation Memoranda and amend-
ments to the regulations, as appropriate, in order to handle
complex questions. This system was announced in a notice
published in 45 Federal Register 55386 on August 19, 1980.
This volume includes a guide to the hazardous waste
management regulations. This guide is presented in a keyword
format to enable those seeking specific information to find it
readily. We have also used this keyword style in organizing
the questions and answers. At the bottom of each page the
appropriate sections of the regulations are given; at the top
are the keywords in the specific questions.
In this volume, "hazardous waste regulations" refers to
those regulations promulgated on February 26 and May 19, 1980,
under Subtitle C of RCRA. In some instances, however, questions
refer to regulations to be promulgated in the future. In the
section on consolidated permits, unless otherwise stated,
answers refer to those regulations promulgated under Subtitle C
of RCRA as part of EPA's consolidated permit regulations
promulgated on May 19, 1980.
—STEFFEN W. PLEHN
August 1980
IV
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CONTENTS
HIGHLIGHTS, HAZARDOUS WASTE MANAGEMENT REGULATIONS ix
QUESTIONS AND ANSWERS
Identification and Listing
acutely hazardous wastes
Appendix VIII
applicability
threshold limits
Appendix VII
coal combustion wastes
commercial chemical products
acutely hazardous
pesticides
container disposal
paint
rationale for listing
relation to Appendix VIII
small-quantity limit
storage
containers
empty
corrosivity
criteria for listing
definition
electroplating operations
solid waste
waste
economic value
delisting
Appendix VIII
EP toxicity
concentration
testing protocol
hospital wastes
large generators
small quantities
list
future size
metals
mixture rule
minimum concentration
multiple numbers
oil and gas industry wastes
future regulation
PCBs
polyurethane
primary products
proprietary mixture
resource recovery
saccharin
solvents
spent
State regulations
stringency
testing
characteristics
testing methods
alternatives
waste category
removal from list
waste oil
EP toxicity
wastes regulated
new
GeYieraiior Standards
accumulation
commencement
duration
storage
waste piles
alternate facilities
designation by generator
annual report
source of data
unregulated wastes
EPA assistance
exclusions
liability
authorized representative
revoked permits
manifest
analytical report
generator's phone number
identification of wastes
ocean transportation
original copy
official documents
signatures on
pesticide containers
small-quantity generators
State laws and requirements
storage
testing
generator laboratory
listed wastes
Transporter Standards
definition
transporter
delivery of materials
Department of Transportation
coordination with EPA
regulations
applicability
information sources
open trucks
shipping numbers
notification
new wastes
small shipments
spills
responsibility
vehicles
placards
-------
Facility Standards
active/inactive sites
closure procedures
definitions
approved facility
baghouse
chemical analyses
closure
requirements
contingency plan
Department of Defense
disposal
State standards versus Federal
standards
evaporation
existing facilities
explosive wastes
burning and detonation
facilities
on-site list
facility
definition
financial requirements
assets test
General Status versus Interim
Status
government facilities
insurance
Interim Status
reproposal
solvent recovery plants
generator
on-site treatment facility
ground water
monitoring
applicability
compliance date
quality
incineration
energy recovery
Interim Status Standards
permits
thermal treatment
Interim Status
Interim Status Standards
coverage
multiple-facility coverage
organization
land treatment
landfills
active/inactive sites
bulk liquids
drums
ignitable wastes
incinerator residues
liquid wastes
municipal
legal responsibility
personnel
safety
training
postclosure care
publicly owned treatment works
recordkeeping and reporting
records
recycling
on-site
solvents
waste oil
reports
sites
change in location
siting
standards for special areas
storage
commercial chemical products
drums
existing facility
impoundments/tanks
lagoons, tanks, basins
leaking tanks
length of time
surface impoundments
emergency use
temporary storage
surveillance system
treatment
crushed containers
neutralization
sour water
volume reduction
volatile wastes
Consolidated Permits;
Facility Permits
applications
information required
consolidated permits
delays
duration
Federal override
incineration
Interim Status
changes during
existing facilities
termination
issuance
priorities
timing
all permits
individual permits
violations during process
land treatment
sludge
landfills
new facilities
on-site lagoons
permitted facilities
list
phases of regulations
sanitary landfills
Consolidated Permits;
State Programs
authorization
EPA review period
final
interim
States qualifying
timing
partial
VI
-------
Si-ate Programs (cont.)
Cooperative Arrangement
costs
enforcement
penalties
EPA role
authorized programs
Federal assistance
Federal funding
adequacy
allocations
enforcement
Federal requirements
Federal/State requirements
incentives
listed wastes
local ordinances
siting bans
manifest system
multiple requirements
State forms
State requirements
notification
public participation
facility operation
permits
State application
Enforcement
authorized States
Federal intervention
closure of facility
compliance
Interim Status
30-day requirement
dumping
illegal
generators
liability
monitoring
inspections
legal responsibilities
consulting firm
penalties
staffs
transporters
Notification
confidentiality
facilities
multiple
forms
availability
number per site
generators
identification numbers
information to States
timetable
transporters
who notifies
vii
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Highlights to the Regulations
Environmental
Protection Agency
CFR Parts
PART 260:
PART 261:
PART 262:
PART 263:
PART 264:
PART 265:
Definitions and General Provisions
Identification and Listing of Hazardous Waste
Generator Standards (as Amended)
Transporter Standards (as Amended)
Facility Standards
Interim Status Standards
CONSOLIDATED PERMIT REGULATIONS
PART 122: Permit Requirements
PART 123: State Program Requirements
PART 124: Procedures for Decisionmakers
PART 125: NPDES Amendment
IX
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HIGHLIGHTS
Hazardous Waste Management Regulations
As Published in the Federal Register of May 19,19801' 2
PART 260: DEFINITIONS AND GENERAL PROVISIONS
PREAMBLE
Definitions
active portion of facility
disposal/disposal facility
existing facility
generator
on-site
representative sample of waste
Regulatory analysis
economic analysis
benefits
costs and impacts
limits of analysis
environmental analysis
industry assistance
REGULATION
General
purpose and scope; information
availability and confidentiality
Definitions
Petitions
for rule changes
for equivalent testing methods
to revise hazardous waste
lists and characteristics
Overview and schematics of
Subtitle C regulations
Subparts A-C, §§260.1-260.22,
Appendix I
Subpart A, §§260.1-260.3
§§260.1-260.2
Subpart B, §260.10
§260.20
§260.21
§260.22
Appendix I, Figures 1-4
Page
33065-082
33066-073
33068
33068
33068
33069
33069
33069
33070
33070
33070
33071
33072
33072
33072
33073-082
33073
33073
33076
33076
33076
33077
1 Preambles, which precede each regulation, explain the rationale behind EPA's decisions concerning
the regulations.
2 For notification requirements, see "Preliminary Notification of Hazardous Waste Activity,"
45 Federal Register 12746, February 26,1980.
XI
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Identification and Listing
Part 261
PART 261: IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
33083-133
PREAMBLE
General issues, phasing of regulations
PCBs
used, reused, recovered, or reclaimed waste
radioactive waste
infectious waste
other listed wastes
"Interim final" regulations
Solid waste, definition
used, reused, recycled, recovered waste
Hazardous waste, definition
Exclusions of wastes from regulation
domestic sewage
industrial point source discharges
household waste
agricultural waste
mining waste
sewage sludge
Small-quantity generators
quantity limitation considerations
degree-of-hazard considerations
1,000 kg/mo exclusion
phasing down small quantity to 100 kg/mo
environm ental/resource considerations
Criteria for identifying characteristics and for listing of hazardous wastes
Characteristics of hazardous wastes, basis for identification
Specific and nonspecific sources of hazardous waste, basis for listing
waste streams
ignitable, corrosive, reactive, EP toxic wastes
Discarded commercial chemical products and off-specification species,
containers, and spill residues thereof
Delisting of wastes
Environmental, economic, and regulatory impact studies, availability
Appendices A and B: generic and process wastes 3»"*
REGULATION
General
exclusions: solid/hazardous wastes
special requirements
small-quantity generator exclusion
1,000 kg/mo
acutely hazardous waste
(less than 100 kg/mo)
used, reused, recycled, reclaimed
hazardous waste
Criteria for identifying characteristics
and listing
Characteristics of hazardous waste
ignitability, corrosivity, reactivity,
EP toxicity/Table I
Lists of hazardous waste3' "*
nonspecific sources
specific sources
discarded commercial chemical
products, and off-specification
species, containers, and spill
residues thereof
Petitions to revise Part 261
Representative sampling methods
EP toxicity test procedure
Chemical analysis test methods
Basis for listing
Hazardous constituents
Subparts A-D, §§261.1-261.33,
Appendices I-ffl, VII, VIII
(Appendices IV-VI are reserved)
Subpart A, §§261.1-261.6
§261.4
§261.5(a) and (b)
§261.5(c)
§261.6
Subpart B, §§261.10-261.11
Subpart C, §§261.20-261.24
Subpart D, §§261.30-261.33
§261.31
§261.32
§261.33
(See Part 260), §§260.20-260.21
Appendix I
Appendix II
Appendix III
Appendix VII
Appendix VIII
33084-119
33086
33086
33086
33086
33087
33087
33087
33090
33091
33095
33096
33097
33098
33098
33099
33099
33101
33102
33103
33103
33104
33104
33104
33105
33107
33112
33112
33114
33115
33116
33117
33117
33119-133
33120
33120
33120
33120
33121
33121
33123
33123
33124
33076
33127
33127
33130
33131
33132
3 See also proposal to modify Part 261, Hazardous Waste Lists, pp. 33136-137.
"* For identification and listing modification and proposal, see 45 Federal Register 47832,
July 16,1980.
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Part 262
Part 263
Generator Standards
Transporter Standards
PART 262: GENERATOR STANDARDS (AS AMENDED)
33139-148
PREAMBLE
Hazardous waste determination
Designated facility
Placarding
Accumulation time
Recordkeeping
International shipments
Triple rinsing
Annual reporting
State programs
REGULATION (AS AMENDED)
General
hazardous waste determination
EPA identification number
Manifest system
Pretransport packaging, labeling,
marking, accumulation time
Recordkeeping and reporting requirements
Special conditions
international shipments
farmers
Annual report form and instructions
Subparts A-E, §§262.10-262.51,
Appendix
Subpart A, §§262.10-262.12
§262.11
§262.12
Subpart B, §§262.20-262.23
Subpart C, §§262.30-262.34
Subpart D, §§262.40-262.43
Subpart E, §§262.50-262.51
§262.50
§262.51
Appendix
33140-142
33140
33141
33141
33141
33141
33141
33141
33141
33142
33142-148
33142
33143
33143
33143
33144
33144
33144
33145
PART 263: TRANSPORTER STANDARDS (AS AMENDED)
33149-152
PREAMBLE
Recordkeeping
Discharge reporting
State programs
REGULATION (AS AMENDED)
EPA identification number
Manifest system and recordkeeping
Discharges of hazardous waste
Subparts A-C, §§263.10-263.31
Subpart A, §263.11
Subpart B, §§263.20-263.22
Subpart C, §§263.30-263.31
33150-151
33150
33150
33150
33151-152
33151
33151
33152
xiii
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Facility Standards, Preamble
Parts 264 and 265
PARTS 264 AND 265: FACILITY STANDARDS 33153-258
PREAMBLE (Parts 264 and 265) 33154-220
Phasing of the regulations, organization, "interim final" provisions 33156
Interim Status Standards
authority for ISS 33158
criteria for ISS 33159
requirements added to proposed ISS 33160
compliance period 33162
notes and variances 33163
equities during ISS 33163
General issues
degree of hazard 33164
volatile waste 33166
performance vs. design and operation standards 33166
notes, variances, equivalency 33167
commercial products standards 33168
storage of recycled waste 33168
storage standards 33168
owner or operator 33169
inactive, new, existing facilities 33170
references to and integration with other acts 33171
special wastes 33173
Analysis of Phase I regulations 33175
general
purpose, scope, and applicability 33175
ocean disposal 33175
underground injection 33175
publicly owned treatment works (NPDES) 33176
State RCRA programs, authorization 33176
small quantities, recycled or reused hazardous waste, and
other exclusions 33177
generators who accumulate on-site, farmers, and totally enclosed
treatment facilities 33177
relationship to Interim Status 33177
imminent hazard actions 33178
general facility standards
EPA identification number 33179
required notices 33179
general waste analysis 33179
security, inspection, and personnel training 33180
ignitable, reactive, or incompatible wastes 33182
preparedness, prevention, contingency plans, and emergency measures 33183
manifest system, recordkeeping, and reporting 33186
ground-water monitoring: system; sampling and analysis; preparation,
evaluation, and response 33191
closure and postclosure standards 33196
financial requirements: liability, financial assurance, cost
estimates, publicly owned facilities 33198
containers: condition of; inspections; closure; ignitable, reactive,
or incompatible wastes 33199
tanks: definition; operations; waste analysis/trial tests;
inspections; closure; ignitable, reactive, or incompatible wastes 33200
surface impoundments: existing impoundments; freeboard requirements;
containment system; waste analysis; inspections; closure; ignitable,
reactive, or incompatible wastes 33202
waste piles: wind protection; waste analysis; containment; closure;
ignitable, reactive, or incompatible wastes 33204
land treatment (landfarms): surface water run-on and contaminated runoff;
waste analysis; monitoring; foodchain crops; closure; ignitable,
reactive, or incompatible wastes 33205
landfills: landfill cells; surface water run-on and contaminated runoff;
wind dispersal; closure; ignitable, reactive, or incompatible waste;
bulk and containerized liquid wastes 33209
incinerators: operations, monitoring and inspections, waste analysis,
energy recovery, closure 33215
thermal treatment 33217
chemical, physical, and biological treatment 33217
underground injection 33218
Supporting documents
background documents and guidance manuals 33219
xiv
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Part 264
Part 265
Facility Standards
Interim Status Standards
PART 264: REGULATION, FACILITY
STANDARDS
General
relationship to Interim Status
imminent hazard
General facility standards
EPA identification number
required notices
general waste analysis
security, inspections, training
Preparedness and prevention
facility design, operation
equipment testing, maintenance
handling of ignitable/reactive waste
arrangements with local authorities
Contingency plans, emergency procedures
Manifest system, recordkeeping,
and reporting
use of manifest system
manifest discrepancies
operating records, annual report
unmanifested waste
Recordkeeping instructions
EPA report form and instructions
PART 265: REGULATION, INTERIM
STATUS STANDARDS
General facility standards
EPA identification number
required notices
general waste analysis
security, inspections, training
requirements for ignitable,
reactive, or incompatible wastes
Preparedness and prevention
facility maintenance and operation
equipment required
testing and maintenance of equipment
arrangements with local authorities
Contingency plans, emergency procedures
Manifest system, recordkeeping, and
reporting
Ground-water monitoring
Closure and postclosure
Financial requirements5
Containers: use and management;
condition; compatibility with waste;
inspections; ignitable, reactive, or
incompatible wastes
Tanks: operating requirements; waste
analysis; inspections; closure; ignitable,
reactive, or incompatible wastes
Surface impoundments: operating
requirements; containment; waste
analysis; inspections; closure; ignitable,
reactive, or incompatible wastes
Waste piles: operating requirements;
containment; waste analysis; ignitable,
reactive, or incompatible wastes
Land treatment: operating requirements;
waste analysis; foodchain crops;
closure; monitoring; recordkeeping;
ignitable, reactive, or incompatible
wastes
Landfills: operating requirements;
surveying and recordkeeping; closure;
ignitable, reactive, incompatible, or
liquid wastes; containers
Incinerators: operating requirements,
waste analysis, monitoring/inspections,
closure
Thermal treatment! operating
requirements, waste analysis,
monitoring/inspections, closure,
open burning
Subparts A-E, §§264.1-264.99,
Appendices I, II 33221-232
Subpart A, §§264.1-264.4
§264.3 33221
§264.4 33222
Subpart B, §§264.10-264.29
§264.11 33222
§264.12 33222
§264.13 33222
§§264.14, 264.15, 264.16 33222
Subpart C, §§264.30-264.49
§264.31 33224
§§264.32-264.34 33224
§264.36 33224
§264.37 33224
Subpart D, §§264.50-264.69 33224
Subpart E, §§264.70-264.999
§264.71 33226
§264.72 33226
§§264.73-264.75 33227
§264.76 33227
Appendix I 33227
Appendix II 33228
Subparts A-R, §§265.1-265.999,
Appendices I-V 33232-258
Subpart B, §§265.10-265.29
§265.11 33234
§265.12 33234
§265.13 33234
§§265.14-265.16 33235
§265.17 33236
Subpart C, §§265.30-265.49
§265.31 33236
§265.32 33236
§265.33 33236
§265.37 33236
Subpart D, §§265.50-265.69 33237
Subpart E, §§265.70-265.89 33238
Subpart F, §§265.90-265.109 33239
Subpart G, §§265.110-265.139 33242
Subpart H, §§265.140-265.169 33243
Subpart I, §§265.170-265.189 33244
Subpart J, §§265.190-265.219 33244
Subpart K, §§265.220-265.249 33245
Subpart L, §§265.250-265.269 33246
Subpart M, §§265.270-265.299 33247
Subpart N, §§265.300-265.339 33249
Subpart O, §§265.340-265.369 33250
Subpart P, §§265.370-265.399 33250
5See also proposals to modify Subpart H, financial requirements, pp. 33260-278; Subpart R, under-
ground injections, pp. 33280-285.
xv
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Interim Status Standards
Permit Requirements, Preamble
State Programs, Preamble
Part 265 (continued)
Part 122
Part 123
Chemical, physical, and biological
treatment: operating requirements;
waste analysis; inspections; closure;
ignitable, reactive, or incompatible
wastes
Underground injection6
Recordkeeping instructions
Report form and instructions
Interim primary drinking water
standards
Tests for significant changes in
concentration
Potentially incompatible waste
Subpart Q, §§265.400-265.429 33251
Subpart R, §265.999 33252
Appendix I 33252
Appendix II 33253
Appendix III 33257
Appendix IV 33257
Appendix V 33257
PARTS 122,123,124, AND 125: CONSOLIDATED PERMIT REGULATIONS 33290-588
PART 122: PREAMBLE, PERMIT REQUIREMENTS 33290-418
General
summary and organization of regulations 33290
definitions 33294
Table III: types of permits and other authorization 33297
application for permit 33299
continuation of expiring permits 33300
signatories of permit applications and reports 33301
permit conditions 33302
duration of permits 33307
compliance schedules 33309
effect of permits 33311
transfer, modification, revocation and reissuance, and termination
of permits 33313
noncompliance and program reporting 33317
confidentiality of information 33318
Hazardous waste program, additional requirements
application for permit 33321
Interim Status 33323
Part A and Part B of permit application, contents 33325
permits by rule 33325
emergency permits 33326
additional conditions for RCRA permits 33327
interim RCRA permits for UIC wells 33327
UIC program, additional requirements 33328
NPDES program, additional requirements 33336
Summary of changes between proposed and final regulations (Table W) 33343
PART 123: PREAMBLE, STATE PROGRAMS 33377-404
General program requirements
program elements and description, attorney general's statement, memorandum
of agreement, permitting requirements, enforcement authority 33378
sharing information with EPA 33383
withdrawal, revision of State programs 33384
Interim authorization of State hazardous waste programs
general 33384
purpose and scope 33386
schedule: Phase I and Phase II applications, relationship between
Phase I and Phase II 33387
schedule of events (table) 33389
program elements, attorney general's statement, memorandum
of agreement 33390
authorization plan 33390
program requirements for interim authorization for Phase I and Phase II 33391
Final authorization
purpose and scope 33395
consistency with Federal program 33395
requirements for identification and listing of hazardous waste and
for generators, facilities, permits, approval process 33396
State UIC programs, additional requirements 33396
State NPDES programs, additional requirements 33397
State programs under Section 404, Clean Water Act, additional requirements 33397
6See also proposal to modify Subpart R, underground injection, pp. 33280-285.
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Part 124
Part 125
Part 122
Decisionmaking Procedures, Preamble
NPDES Criteria and Standards, Preamble
Consolidated Permit Programs
PART 124: PREAMBLE, DECISIONMAKING PROCEDURES
General
hearings available
purpose and scope, definitions
application for a permit, consolidation of permit processing
modification, revocation and reissuance, termination of permits
draft permits
public notice and comment period, public hearings
effective date of permit, contested permit conditions
RCRA hazardous waste permits, special procedures
PSD permits, special procedures
NPDES permits, special procedures
Evidentiary hearing for EPA-issued NPDES permits and EPA-terminated
RCRA hazardous waste permits
PART 125: PREAMBLE, NPDES CRITERIA AND STANDARDS
(REVISIONS AND TECHNICAL AMENDMENTS)
PART 122: REGULATION, CONSOLIDATED Subparts A-D, §§122.1-122.66,
PERMIT PROGRAMS Appendices A-D
RCRA Hazardous Waste
Underground Injection
NPDES
Dredge or Fill
Prevention of Significant Deterioration
General program requirements
and definitions
definitions
application for permits
signatories to applications
conditions for permits
duration of permits
compliance schedules
recording and reporting
of monitoring results
transfer of permits
modification, revocation and
reissuance, termination of permits
noncompliance and program reports
confidentiality of information
RCRA hazardous waste permits,
additional requirements
purpose and scope
application for permit
Interim Status
contents of permit application
Part A
Part B
permits by rule
emergency permits
additional hazardous waste permit
requirements and conditions
interim permits for UIC wells
UIC wells, additional requirements
classification of injection wells
prohibition of unauthorized injection
and movement of fluids into
underground drinking water sources
identification of sources of
underground drinking water and
exempted aquifers
elimination of certain Class IV wells
authorization of underground
injection by rule
application for permit; authorization
by permit
area permits
emergency permits
additional UIC permit conditions
requirements for wells injecting
hazardous waste
NPDES programs, additional requirements
Subpart A, §§122.1-122.19
§122.3
§122.4
§122.6
§§122.7-122.8
§122.9
§122.10
§122.11
§122.14
§§122.15-122.17
§122.18
§122.19
Subpart B, §§122.21-122.30
§122.21
§122.22
§122.23
§122.24
§122.25
§122.26
§122.27
§§122.28-122.29
§122.30
Subpart C, §§122.31-122.45
§122.32
§§122.33-122.34
§122.35
§122.36
§122.37
§122.38
§122.39
§122.40
§§122.41-122.42
§122.45
Subpart D, §§122.51-122.66,
Appendices A-D
33405-417
33405
33406
33407
33408
33408
33409
33411
33412
33412
33413
33414
33417-418
33418-455
33419
33424
33425
33425
33427
33427
33428
33428
33428
33430
33431
33432
33433
33434
33434
33434
33435
33435
33435
33436
33437
33437
33437
33438
33438
33439
33439
33439
33439
33441
33441
xvii
-------
State Program Requirements
Procedures for Decisionmaking
Part 123
Part 124
PART 123: REGULATION, STATE
PROGRAM REQUIREMENTS
General program requirements
definitions
elements of program and
program description
attorney general's statement
memorandum of agreement
requirements for permitting
requirements for compliance
evaluation of State programs
enforcement authority
sharing of information and
program coordination
approval process
revision of State programs
criteria and procedures for
withdrawal of State programs
State hazardous waste programs,
additional requirements
consistency with Federal program
requirements for:
identification and listing
of hazardous waste
generators
transporters
hazardous waste facilities
permits and permit applications
EPA review of State permits
approval process
State UIC programs, additional
requirements
NPDES programs, additional requirements
Section 404 programs, additional
requirements
Interim authorization of State hazardous
waste programs
schedule
elements of program
State program description
attorney general's statement
memorandum of agreement
authorization plan
interim authorization, Phase I
interim authorization, Phase II
interstate movement of hazardous
waste
State progress reports, sharing
of information, and coordination
with other programs
EPA review of State permits
EPA approval process
withdrawal of State programs
reversion of State programs
Subparts A-F, §§123.1-123.37
Subpart A, §§123.1-123.15
(see Part 122 definitions)
§§123.3-123.4
§123.5
§123.6
§123.7
§123.8
§123.9
§§123.10-123.11
§123.12
§123.13
§§123.14-123.15
Subpart B, §§123.31-123.39
§123.32
§123.33
§123.34
§123.35
§123.36
§123.37
§123.38
§123.39
Subpart C, §§123.51-123.55
Subpart D, §§123.71-123.77
Subpart E, §§123.91-123.104
Subpart F, §§123.121-123.137
§123.122
§123.123
§123.124
§123.125
§123.126
§123.127
§123.128
§123.129
§123.130
§§123.131-123.133
§123.134
§123.135
§123.136
§123.137
33456-484
33419
33457
33458
33459
33460
33461
33462
33463
33463
33463
33464
33465
33466
33466
33466
33466
33467
33467
33467
33468
33469
33472
33479
33479
33480
33480
33480
33481
33481
33483
33483
33483
33484
33484
33484
33484
PART 124: REGULATION, PROCEDURES
FOR DECISIONMAKING
General program requirements
hearings available under Part 124
application for permit
consolidation of permit processing
modification, revocation and reissuance,
or termination of permits
draft permits
statement of basis
fact sheets
Subparts A-F, §§124.1-124.128,
Appendix A
Subpart A, §§124.1-124.21
§124.1 (table)
§124.3
§124.4
§124.5
§124.6
§124.7
§124.8
33484-511
33485
33486
33487
33487
33488
33488
33488
-------
Part 124 (continued)
Part 125
Procedures for Decisionmaking
NPDES Amendment
Permit Application Forms and Instructions
administrative record
for draft permits (to EPA)
for final permits
public notice, public comments
and requests for public hearings
issuance/effective date of permit
appeal of permit decisions
RCRA hazardous waste permits,
specific procedures
PSD permits, specific procedures
NPDES permits, specific procedures
Evidentiary hearings for EPA-issued
NPDES permits and EPA-terminated
RCRA hazardous waste permits
filing/submission of documents
requests/decisions on requests for
evidentiary hearing
hearing procedures
decisions, appeals
Nonadversary panel procedures
§124.9
§124.18
§§124.10-124.14
§124.15
§124.19
Subpart B (reserved)
Subpart C, §§124.41-124.42
Subpart D, §§124.51-124.66
Subpart E, §§124.71-124.91
§124.73
§§124.74-124.75
§§124.76-124.88
§§124.89-124.91
Subpart F, §§124.111-124.128,
Appendix A
33488
33491
33489
33490
33491
33492
33492
33493
33498
33498
33499
33503
33504
PART 125: CRITERIA AND STANDARDS FOR THE
NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (AMENDMENT)
33512-513
CONSOLIDATED PERMIT APPLICATION FORMS
FOR EPA PROGRAMS AND INSTRUCTIONS 33515-588
PREAMBLE 33516-544
Overview of consolidated application forms, general application requirements
for §122.4 and Form 1 33517
NPDES Forms 2b and 2c and related NPDES regulations 33520
Hazardous waste application requirements (Part A) for §122.24 and Form 3 33543
INSTRUCTIONS FOR CONSOLIDATED PERMIT
APPLICATION FORMS AND SAMPLE FORMS Forms 1-5 33544-588
General instructions and EPA Regional Office contacts 33545
Form 1, instructions and general information 33546
Activities not requiring permits 33549
Glossary 33550
Sample Form 1, General Information, Consolidated Permit Program 33555
Forms 2a-2d, Application for Permit to Discharge Wastewater
Form 2a (reserved)
Form 2b, Animal Feeding Operations and Aquatic Animal
Production Facilities, instructions 33557
Sample Form 2b 33558
Form 2c, Existing Manufacturing, Commercial, Mining, and
Silviculture Operations, instructions 33559
Sample Form 2c 33567
Form 2d (reserved)
Form 3, RCRA Hazardous Waste Permit Application, instructions 33580
Sample Form 3 33584
Form 4, Underground Injection of Fluids (reserved)
Form 5, Air Emissions in Attainment Areas (PSD permit) (reserved)
-------
Identification and Listing
Keywords
acutely hazardous wastes
Appendix VIII
Appendix VII
coal combustion wastes
commercial chemical products
containers
corrosivity
criteria for listing
definition
delisting
EP toxicity
hospital wastes
large generators
list
metals
mixture rule
multiple numbers
oil and gas industry wastes
PCBs
polyurethane
primary products
proprietary mixture
resource recovery
saccharin
solvents
State regulations
testing
testing methods
waste category
waste oil
wastes regulated
-------
acutely hazardous
wastes
Are any process wastes listed based on the
criterion of acutely hazardous waste, and have
those determinations been made exclusively on
bioassay testing?
There currently are no process wastes
under Sections 261.31 or 261.32 listed as
acutely hazardous wastes (in accordance with
the criteria in Section 261.11(a)(2) ).
This is not to say that EPA may not, in
the future, list certain process wastes as
acutely hazardous wastes. At this time, only
the 122 commercial products (which are hazard-
ous wastes if discarded) listed in Section 261. 33 (e)
are included because they are acutely hazard-
ous wastes.
In listing the commercial products in
Section 261.33 (e), EPA used the scientific in-
formation reported in the Registry of Toxic
Effects of Chemical Substances, published by
the National Institute of Occupational Safety
and Health, as well as in other scientific doc- . , . . _.
identification and
uments, as the basis for defining the waste as listing
-------
acutely hazardous. In most cases, that in-
formation is derived from bioassay tests.
A generator is not required to use the
acutely hazardous criterion as a character-
istic. EPA will use this criterion to list
acutely hazardous wastes in Part 261, Subpart D.
-------
What is Appendix VIII, and how was it com-
piled?
Appendix VIII
Appendix VIII of Part 261 is a list
of toxic chemicals that have been shown in
reputable scientific studies compiled by EPA
to have toxic, carcinogenic, mutagenic, or
teratogenic effects on humans or other life
forms. The Appendix is used by the Agency to
identify those toxic constituents that, if
present in a waste, could result in the
waste's being placed on the hazardous waste
list in accordance with the criterion of
Section 261.11(a)(3). EPA must, however,
consider other factors before listing a waste
that contains an Appendix VIII constituent.
These factors include:
o the toxicity of the constituents;
o its concentration in the waste;
o its ability to migrate or escape from
the waste;
o its persistence or degradability;
o its potential to bioaccumulate;
o quantity of the waste generated;
identification and
listing
-------
o potential for mismanagement of the
waste;
o damage incidents resulting from improper
management of the waste;
o actions taken by other regulatory
authorities based on the health or en-
vironmental hazard posed by the waste
or waste constituent.
Consideration of these factors may argue for
or against listing the waste. For each con-
stituent listed in Appendix VIII, EPA has de-
veloped a background document that summarizes
the available data on the constituent and indi-
cates how these data support the listing of the
constituent in Appendix VIII.
EPA expects to add other constituents to
Appendix VIII as additional data are developed
and assessed. Interested persons may petition
EPA to add (or delete) constituents to Appendix
VIII by following the procedures outlined in
Section 260.20.
-------
Must the generator of a solid waste that is
not listed as a hazardous waste and does not
exhibit any of the characteristics identified
in Subpart C of Part 261 but does contain a
constituent listed in Appendix VIII declare
the waste hazardous?
Appendix VIII
applicability
No. A generator is not required to de-
clare a waste hazardous because it contains
an Appendix VIII constituent. A generator is
only required to declare a waste as a hazardous
waste if it is listed in Subpart D of Part 261,
is a mixture containing a hazardous waste
listed in Subpart D of Part 261, or exhibits
any of the characteristics identified in Sub-
part C of Part 261 (see Section 262.11 for these
requirements).
Appendix VIII is informational and has no
independent regulatory force. Before a waste
can be listed as hazardous under the criterion
in Section 261.11(a)(3), it must both contain
at least one of the Appendix VIII constituents
and be evaluated in accord with the factors set
forth in that criterion. The Agency performs
this process, not the generator.
identification and
listing
-------
Appendix VIII
threshold limits
Are concentration thresholds established be-
yond which a waste containing an Appendix VIII
compound becomes a hazardous waste?
No. EPA has not established concentration
threshold limits for the constituents listed in
Appendix VIII.
identification and
listing
-------
Appendix VII
What analytical procedures should be used to
determine if a waste contains any of the
chemicals listed in Appendix VII?
Appendix III identifies the analytical
procedures that should be used to determine if
a listed waste contains any of the chemicals
listed in Appendix VII. These procedures may
be used to delist a waste by demonstrating
that it does not contain the constituents that
caused EPA to list it.
Prior to final selection of a method, the
analyst should consult "Test Methods for
Evaluating Solid Waste" (SW-846), which de-
scribes specific methods of testing in detail.
identification and
listing
-------
coal combustion wastes
How do the regulations deal with solid and
liquid wastes from direct combustion of coal?
Section 261.4(b) (4) excludes, from regu-
lation under RCRA, fly ash, bottom ash, slag,
and flue gas emission control wastes generated
by the combustion of coal or other fossil fuels.
Section 261.4 (a) (2) excludes, from regula-
tion under RCRA, wastewater point source dis-
charges subject to regulation under Section 402
of the Clean Water Act.
All other solid wastes generated by coal-
burning facilities are subject to regulation if
they either are listed as a hazardous waste, are
mixtures containing a listed hazardous waste, or
exhibit any of the characteristics of hazardous
wastes (see Section 261.3). These might include
metal-cleaning wastes, boiler blowdown, and
listed commercial products (see Section 26.1. 33 (e)
and (f)) that are discarded.
identification and
listing
-------
commercial chemical
products
What is Section 261.33?
Section 261.33 contains a listing of 361
commercial products that are hazardous wastes
if and when they are discarded. Because these
are valuable commercial products, they normally
are not discarded. For various reasons, however,
they are occasionally discarded, and, when this
occurs, EPA believes these products may pose a
present or potential hazard to human health
or the environment. Thus, Section 261.33 brings
these commercial products under hazardous
waste regulation if and when they are discarded
or intended to be discarded.
Section 261.33 also causes off-specification
materials and the clean-up residues and debris
from spills of the commercial products listed
therein to be hazardous wastes, if and when
they are discarded or intended to be discarded.
Finally, Section 261.33 causes containers
that have held those commercial products listed
in Section 261.33(e) and that are discarded to
be hazardous wastes unless the container is identification and
listing
triple-rinsed or equivalently decontaminated.
-------
commercial chemical
products
is a wast&listed in Section 261.33 classified
as hazardous if it does not exhibit the EP
toxicity characteristic?
Yes. Any waste listed in Part 261, Sub-
part D (including Section 261.33), is a hazard-
ous waste regardless of whether or not it
exhibits the EP toxicity characteristic (unless
it is delisted under procedures outlined in
Section 260.22).
identification and
listing
-------
Is a waste a hazardous waste if it contains
a commercial product listed in Section 261.33(f),
but does not exhibit any of the four character-
istics?
It is probably not a hazardous waste. If
the waste is not listed as a hazardous waste,
is not a mixture containing a listed hazardous
waste, and does not exhibit any of the four
characteristics, it is not a hazardous waste
by virtue of containing a commercial product
listed in Section 261.33(e) or (f) unless
the commercial product was discarded, by mixing
it into the waste.
commercial chemical
products
identification and
listing
-------
commercial chemical
products
acutely hazardous
What kinds of products are included among
those listed as acutely hazardous in Section
261.33(e)?
The commercial products listed in Section
261.33(e) are explosive or acutely toxic materials.
Most of them are acutely toxic materials as de-
termined by data that exhibit one of the following
properties:
o The LD50 (the dose at which 50 percent
of the animals die) is less than 50
milligrams per kilogram of body weight
when the chemical is given orally to
rats.
o The LC50 (the concentration at which 50
percent of the animals die) is less
than 2 milligrams per liter when rats
breathe the chemical for 1 hour.
o The LD50 (the dose at which 50 percent
of the animals die) is less than 200
milligrams per kilogram of body weight
when the chemical is applied to the skin
identification and of a rabbit.
listing
-------
If a pesticide (or any other product) listed
in Section 261.33(e) is stored in grain
elevators, is it subject to the regulations?
It is probably not subject to the regu-
lations. The commercial chemical products
listed in Section 261.33 are only subject
to regulation if and when they are discarded
or intended to be discarded. Pesticides stored
(or being used) in a grain elevator are probably
not being discarded and, therefore, are probably
not hazardous wastes.
commercial chemical
products
acutely hazardous
pesticides
identification and
listing
-------
commercial chemical
products
acutely hazardous
container disposal
What is meant by "triple rinsing" of containers
that hold the commercial products listed in
Section 261.33 (e)?
"Triple rinsing" means rinsing the con-
tainer three times with a solvent capable of
removing the commercial product from th.e con-
tainer (see Section 261.33(c) (1)). A volume
of solvent equal to at least 10 percent of
the volume of the container should be used for
each rinse. The solvent used for rinsing must
be managed as a hazardous waste.
Alternative equivalent decontamination
procedures can be substituted for triple rinsing
as provided in Section 261.33(c)(2).
identification and
listing
-------
Do the regulations cover disposal of an off-
specification latex paint containing 0.1 per-
cent formaldehyde (which is listed in Section
261.33) as a preservative?
No. Formaldehyde, as a constituent in
latex paint or off-specification latex paint,
does not cause it to be a hazardous waste un-
less the formaldehyde is purposefully being
discarded by mixing with the paint which, in
turn, is being discarded.
Certain process wastes generated in the
manufacturing of paint (including latex paint)
are listed in amendments to Part 261, Subpart D,
published in the Federal Register on July 16,
1980 (45 Federal Register 47832-34). These
newly listed hazardous wastes, however, do not
include off-specification latex paint.
commercial chemical
products
paint
identification and
listing
-------
commercial chemical
products
rationale for listing
Why did EPA list the commercial products in
Section 261.33 since they are normally used
and not discarded?
In the development of the regulations,
EPA learned from operators of solid waste
facilities that, in addition to wastes, they
also receive significant amounts of discarded
commercial products. Apparently, commercial
products are occasionally discarded because
of expiration dates, disposal of inventories,
changes in production lines, and other reasons,
Section 261.33 deals with those commercial
products that, when discarded, can pose a
substantial hazard to human health or the
environment.
identification and
listing
-------
commercial chemical
products
relation to
Appendix VIII
Is it it necessary to have both Section 261.33
and Appendix VIII?
Yes. Their purposes are different.
Appendix VIII lists 387 toxic chemicals that
EPA uses in listing hazardous wastes under the
criteria delineated in Section 261.11 (a)(3).
Generators of solid waste do not have to use
Appendix VIII to determine if their wastes are
hazardous.
Section 261.33 lists 361 commercial pro-
ducts that are hazardous wastes if and when
they are discarded or intended to be dis-
carded, if their off-specification variants
are discarded, or if the residue and debris
from the spills of these chemicals are dis-
carded. Also, containers that have held any
of the 122 commercial products listed in
Section 261.33(e) are hazardous wastes if
they are discarded, unless the containers are
triple-rinsed or equivalently decontaminated.
In short, Section 261.33 actually lists hazardous
wastes. Appendix VIII lists hazardous con-
stituents that, if contained in solid wastes,
may cause EPA to list those solid wastes as
hazardous wastes.
identification and
listing
-------
commercial chemical
products
small-quantity limit
Does the limit of 1,000 kilograms per month
apply to commercial products listed in
Section 261.33?
The small-quantity generator limit of 1,000
kilograms per month applies only to commercial
products listed in Section 261.33 (f). The
commercial products (or their off-specification
variants) listed in Section 261.33 (e) have a lower
limit (1 kilogram per month). Also, a lower
limit applies to containers and the residues
and debris of spills of commercial products
listed in Section 261.33 (e) (see Section 261.5(c)
(3), (4), and (5)). In either case, the limits
apply only if the generator complies with the
requirements of Section 261.5(d).
identification and
listing
-------
commercial chemical
products
storage
Is a facility that stores the commercial
products listed in Section 261.33 prior to
their sales subject to the regulations?
No. The commercial products listed in
Section 261.33 are subject to regulation only
when they are discarded or intended to be
discarded.
identification and
listing
-------
containers
empty
Are empty containers that have held hazardous
materials regulated under RCRA?
Only those empty containers that have
held any of the 122 acutely toxic commercial
products listed in Section 261.33 (e), that are
discarded/ an<3 that have not been triple-
rinsed or equivalently decontaminated are
hazardous wastes.
If these containers are triple-rinsed or
equivalently decontaminated before being dis-
carded, they are not hazardous waste and are
not subject to regulation.
The above answers only apply to empty
containers. Those containing hazardous wastes
are subject to the regulations because their
contents are subject to regulation.
identification and
listing
-------
corrosivity
If at the time a waste is placed in a pond its
pH is 12.5 to 13, but within a month or so its
pH declines to 12.5, is the waste included in
the hazardous waste system?
Yes. The waste is a hazardous waste when
it enters that pond because it meets the cor-
rosivity characteristic. In this case, the pond
would be a hazardous waste treatment facility
because treatment is being accomplished to re-
duce the hazardousness (alkalinity) of the wastes.
The owner or operator of the pond would have to
comply with the notification requirements, would
have to submit a Part A permit application, and
would have to comply with the Interim Status
Standards of Part 265 until a permit is issued
or denied.
The waste removed from the pond would be
hazardous waste until demonstrated to the con-
trary. In this case, if the pond reduces
the pH to below 12.5, the pond operator must
document that the treated waste does not identification and
listing
-------
exhibit the corrosivity characteristic (this
presumes that the incoming waste is only
hazardous by virtue of the corrosivity
characteristic).
-------
corrosivity
What corrosivity characteristic is used for
i
solids?
The corrosivity characteristic applies only
to liquids, not to solids. No solid material
can, therefore, be a hazardous waste by virtue
of the corrosivity characteristic.
identification and
listing
-------
criteria for listing
identification
and listing
What are the criteria for placing substances
on the hazardous waste list?
The criteria for listing a hazardous
waste in Subpart D of Pa.re. 261 are delineated
in Section 261.11. For each hazardous waste
listed in Subpart D of Part 261, EPA has de-
veloped a background document that describes
the criterion or criteria used, the supporting
data, and how the data were used against the
criterion or criteria in deciding to list the
waste. These background documents are avail-
able in the EPA Regional libraries and in the
docket room and the library at EPA headquarters
in Washington, B.C.
-------
definition
electroplating
operations
What is the definition of "electroplating
operations" as used in Section 261.31, which
covers hazardous waste from nonspecific
sources?
The background document covering electro-
plating wastes, which is available in Regional
libraries and EPA headquarters, indicates
specific processes and wastes that are covered
by the listing in Subpart D.
identification and
listing
-------
definition
solid waste
Why is the term "solid waste" used throughout
the RCRA regulations when liquids are sometimes
involved?
EPA employs this term because it is used
in the statute (Resource Conservation and
Recovery Act) and because it has a very definite
meaning within the statute. Section 1004(27)
of the statute defines "solid waste" to include
"solid, liquid, semisolid, or contained gaseous
material."
identification and
listing
-------
What are the differences among "used," "re-
used," "reclaimed," or "recycled"?
These terms (and their differences) are
not defined in the RCRA regulations; therefore,
their dictionary meanings apply. The four
terms are employed to assure coverage of the
types of actions that can be taken on wastes
when they are not discarded. As such,
there is some overlap in their meaning.
definition
solid waste
identification and
listing
-------
definition
waste
economic value
Is waste defined with regard to economic value?
No. EPA believes that defining waste with
regard to economic value is unworkable and
makes no sense in the context of recycle and
reuse activities since a waste that is being
recycled or reused, by definition, has "value."
EPA believes a better criterion for determining
if a material is a waste is whether it is some-
times discarded or is, in fact, discarded (see
Section 261.2).
identification and
listing
-------
In a delisting petition for a toxic ("T")
waste containing measurable amounts of a
hazardous compound listed in Appendix VIII,
is it necessary to show that the waste does
not contain any Appendix VIII compounds?
delisting
Appendix VIII
No. The petitioner need only show either
of the following:
o The waste does not contain the specific
Appendix VIII constituent(s) that caused
the Agency to list the waste. Appendix
VII identifies the constituent(s) that
caused EPA to list each of the hazardous
wastes listed in Sections 261.31 and
261.32 against the "T" criterion.
o The waste does not pose a substantial
present or potential hazard to human
health or the environment based on the
listing criteria contained in Section
261.11(a)(3). As above, this showing
need only to be made with respect to
the Appendix VIII constituent(s) that
identification and
listing
-------
caused EPA to list the waste. Petitioners
should review the listing background document
for the particular waste to ascertain EPA's
basis for listing the waste and then demonstrate,
in their petitions, why their wastes differ
significantly.
-------
EP toxicity
concentration
If the EP toxicity test shows that a waste
does not contain any of the contaminants at
the concentrations listed in Table 1, Part 261.24,
must the generator notify EPA with respect to
that waste?
The generator is not required to notify
EPA by August 18, 1980, under Section 3010,
unless the waste (1) is a listed waste, (2) is
a mixture containing a listed waste, or (3) ex-
hibits any of the other characteristics of
hazardous waste. However, if, at some future
time, the waste exhibits the EP toxicity char-
acteristic or any of the other characteristics,
the generator must notify EPA and obtain an
EPA Identification Number in accordance with
Section 262.12 before treating, storing, dis-
posing of, or transporting the waste or offering
the waste for transport.
identification and
listing
-------
EP toxicity
testing protocol
How does the extraction procedure differ from
the one in the proposed regulation?
The extraction procedure is part of the
testing protocol for the EP toxicity character-
istic. The test is basically the same extraction
procedure as that described in the proposed reg-
ulation. The EP toxicity characteristic, however,
has been changed significantly. In the proposed
regulation, a waste was a hazardous waste if its
extract contained any of the eight heavy metals
or six organic compounds listed in the National
Interim Primary Drinking Water Standards in con-
centrations greater than 10 times the maximum
concentration limits specified in those standards.
The final regulation changed the "10 times" to
100 times.
identification and
listing
-------
hospital wastes
Are all hazardous wastes generated by hospitals
regulated under RCRA?
No. The regulations promulgated on May
19, 1980, do not include an infectious waste
characteristic or list any infectious wastes
that typically are generated by hospitals.
EPA expects, however, in fall 1980, to list a
number of infectious wastes generated by hos-
pitals, veterinary hospitals, and medical
research facilities. Some hospitals, however,
may generate some of the hazardous wastes
listed in Part 261.33 or solid wastes that
exhibit any of the characteristics defined
in Subpart C of Part 261. If so, they are sub-
ject to the regulations with respect to these
hazardous wastes. In most of these cases, EPA
believes that the special requirements regarding
small-quantity generators (see Part 261.5)
will apply.
identification and
listing
-------
large generators
small quantities
Are small quantities of hazardous waste produced
by large generators excluded from full regulation
under RCRA?
No. A generator must aggregate all
hazardous waste generated on his site to deter-
mine if he generates less than 1,000 kilograms
per month. If he generates 1,000 kilograms per
month or more, all quantities of hazardous waste
that he generates are subject to full regulation.
identification and
listing
-------
list
future size
How big is the hazardous waste list likely to
become?
The regulations promulgated under RCRA
on May 19, 1980, listed 85 process wastes, as well
as 361 commercial products that are hazardous
waste if they are discarded. On July J.6, 1980,
EPA added another 18 process wastes to the list.
Before the end of 1980, the number of listed
process wastes could increase to -150. Over
the next decade, EPA intends to inventory and
characterize the solid wastes produced by
American industry and identify those additional
solid wastes that should be listed as hazardous
wastes. As these hazardous wastes are identi-
fied, the Agency will move to list them. As a
result, the Agency fully expects that the
number of hazardous wastes listed in the regula-
tions will increase several fold. EPA also
expects to add to the list of commercial products.
identification and
listing
-------
metals
Are lead pipe, chrome-plated metals, and
similar materials considered to be hazardous
wastes?
They probably are not. These materials are
not listed as hazardous wastes, and they probably
would not exhibit any of the characteristics of
hazardous waste, including the EP toxicity
characteristic.
identification and
listing
-------
mixture rule
minimum
concentration
For a waste classified as a hazardous waste
because it is a mixture containing a listed
hazardous waste, what minimum concentration
of that listed hazardous waste causes the
mixture to be a hazardous waste?
There is no minimum concentration. Any
amount of a listed hazardous waste causes the
mixture to be a hazardous waste.
identification and
listing
-------
multiple numbers
Which of the several numbers under which
1,1,1-trichloroethane is listed should be
used in reporting?
It depends on what waste is being reported.
If the 1,1,1-trichloroethane is being discarded
as an unused commercial product, its Hazardous
Waste Number is U226 (see Section 261.33 (f)).
If the 1,1,1-trichloroethane is a spent solvent,
its Hazardous Waste Number is F001 (see Section
261.31).
identification and
listing
-------
Are drilling muds and brines from the pro-
duction and exploration of crude oil and gas
permanently exempt from regulation under RCRA?
This is not known. Under pending con~
gressional amendments to RCRA, EPA will be
required to undertake a study of crude oil and
gas drilling muds and brines that probably
will take 2 years to complete. When it is
completed, EPA will reconsider whether these
wastes need to be regulated as hazardous wastes,
If EPA concludes that they should be regulated
as hazardous wastes, the Agency will initiate
appropriate rulemaking. According to the
pending amendments, congressional approval
is required before rulemaking under RCRA
for these wastes can proceed.
oil and gas industry
wastes
future regulation
identification and
listing
-------
PCBs
Are PCBs covered by the hazardous waste regu-
lations?
Waste PCBs are not covered by the RCRA
regulations at this time. They continue to be
exclusively regulated under the Toxic Substances
Control Act. EPA intends, however, to integrate
the regulation of waste PCBs into the RCRA regu-
lations.
identification and
listing
-------
polyurethane
Is polyurethane listed as a hazardous waste?
No. The plastic polyurethane is not listed
as a hazardous waste (the chemical urethane,
however, is listed). Although not listed as
a hazardous waste, polyurethane may exhibit
the ignitability characteristic and, therefore,
could be a hazardous waste.
identification and
listing
-------
primary products
Do the regulations apply to primary products
that are hazardous waste?
Yes. The regulations do apply to primary
products that meet the definitions of solid
wastes and hazardous wastes. EPA expects,
however, that primary products will only
occasionally be hazardous wastes. A primary
product would meet the definition of solid
waste (see Section 261.2(b)) if:
o it is discarded or is being accumulated,
stored, or physically, chemically, or
biologically treated prior to being
discarded; or
o it has served its original intended use
and sometimes is discarded.
If it meets the definition of solid waste, it
would be a hazardous waste (see Section 261.3(a))
if:
o it is listed as a hazardous waste in
Part 261, Subpart D; or
identification and o it is a mixture containing a hazardous
listing
-------
waste listed in Part 261, Subpart D; or
o it exhibits any of the characteristics
of hazardous waste identified in Part
261, Subpart C.
-------
proprietary mixture
Can a generator use the compositional infor-
mation disclosed by the manufacturer of a
proprietary mixture, or must the generator
analyze the waste?
EPA presumes that this question pertains to
determinations of whether unlisted wastes are
hazardous wastes by virtue of characteristics.
The generator may use any available infor-
mation he chooses to determine if a waste ex-
hibits any of the characteristics of hazardous
wasteSo Testing—using the tests for character-
istics delineated in the regulations or using
equivalent methods—is, of course, the most
assured means of making such determinations. The
regulations do not, however, specifically require
testing.
Making determinations based on compositional
information would be acceptable if reasonable
inferences could be drawn relative to the
characteristics o
identification and
listing
-------
resource recovery
If methanol and pure perchloroethylene are
distilled from a hazardous waste, are the
purified chemicals regulated under RCRA?
They are probably not regulated. Even
though the methanol and perchloroethylene are
generated by the treatment (distillation) of a
hazardous waste, they do not appear, in this
case, to be solid wastes because they are
primary products of manufacturing (waste rec-
lamation) and do not meet the definition of
solid waste in Section 261.2(b). Because they
are not solid wastes, they cannot be hazardous
wastes according to Section 261.3(c)(2).
identification and
listing
-------
resource recovery
Is a listed spent solvent that is going to a
resource recovery facility regulated under RCRA?
Only storage and transportation of that
solvent are now regulated (Section 261.6(b)).
EPA is planning, however, to regulate eventually
the recycling of spent solvents.
identification and
listing
-------
saccharin
Since a commercial product, such as saccharin,
is considered a hazardous waste when discarded,
are all wastes containing saccharin as a con-
stituent also listed?
No. They are not hazardous waste unless
the waste itself:
o is listed as a hazardous waste; or
o is a mixture containing a listed haz-
ardous waste; or
o exhibits any of the characteristics of
hazardous waste.
If the commercial product, saccharin, is dis-
carded by mixing it into a solid waste, then
the waste becomes a hazardous waste by virtue
of the second of the above rules.
Wastes that contain the constituent,
saccharin, where the saccharin is not added by
an act of discarding the commercial product,
saccharin, are not hazardous wastes simply by
virtue of containing saccharin.
identification and
listing
-------
solvents
spent
Are the spent solvents listed in Section 261.31
generated by specific processes, or are any
materials that contain these solvents con-
sidered hazardous?
The spent solvents listed in Section 261.31
cover spent solvents generated by any and all
processes; hence they are not limited to spent
solvents derived from specific processes.
These listed spent solvents themselves are
hazardous wastes. Also, any solid waste with
which these listed spent solvents are mixed are
hazardous wastes. Solid wastes that may con-
tain some amounts of solvents from the manu-
facturing or other activity in which the sol-
vents are used are not, however, hazardous wastes
by virtue of their solvent content; they may,
however, be hazardous wastes for other reasons.
identification and
listing
-------
May States regulate different wastes than those
covered by the RCRA regulations?
A state must cover at least the same
universe of hazardous wastes as identified by
Part 261 in order to qualify for authorization
to operate a hazardous waste management program
in lieu of the Federal program. A State may,
however, regulate more hazardous wastes than
identified in Part 261 and still qualify for
authorization. Where a State does not apply
for or qualify for authorization, the State
can regulate any universe of hazardous wastes,
independent of the Federal program that EPA will
operate in that State.
State regulations
stringency
identification and
listing
-------
testing
characteristics
If a waste is found to exhibit any one of the
four characteristics of hazardous waste,
must the generator test for the other three
characteristics?
If a waste exhibits any one of the character-
istics of hazardous waste, it is considered to
be a hazardous waste and is subject to the
regulations; no further determination or testing
is required. Under the reporting requirements
of Part 262 and the notification requirements,
however, a generator must identify all character-
istics that a waste exhibits. Thus, in order for
a generator to comply with these requirements,
a determination must be made with regard to all
four characteristics.
identification and
listing
-------
testing methods
alternatives
Is there a way to obtain formal EPA approval
for alternative methods of testing?
Yes. Section 260.21 allows petitioning
the Agency for equivalent testing and analytical
methods. That section explains how to file
petitions and describes the information they
should contain.
identification and
listing
-------
waste category
removal from list
How can an entire category of waste be removed
from the hazardous waste list?
Petitions can be filed under Section 260.20
to request an amendment to the regulations to
remove an entire waste category from the hazard-
ous waste list.
identification and
listing
-------
waste oil
Must a generator who burns waste oil as a
fuel off-site use the manifest system?
This is a difficult question to answer in
the abstract. Although waste oil is not now
listed as a hazardous waste, it may be a haz-
ardous waste if it has mixed into it any of
the hazardous wastes listed in Part 261, Sub-
part D. EPA has reason to believe that such
mixtures may occur frequently, particularly
mixtures containing the spent solvents listed
in Section 261.31. If the waste oil is such
a mixture and is being recycled (burned as
a fuel), it is subject to the storage and
transportation regulations, including the
manifest requirements (see Section 261.6(b) ).
If it is not such a mixture, it is not sub-
ject to such regulation.
identification and
listing
-------
waste oil
EP toxicity
Does waste oil exhibit the EP toxicity
characteristic?
EPA does not know which waste oils exhibit
the EP toxicity characteristic. It is highly
probable that many waste oils (including auto-
motive oill do because they contain several of
the heavy metals, particularly lead, listed in
Table 1 of Part 261. There may be difficulties
in using the methods specified in Appendix II
in analyzing waste oil. EPA is studying this
problem.
identification and
listing
-------
If a waste is not currently identified or
listed as a hazardous waste in the Subtitle C
regulations, but is later listed or identi-
fied in the regulations, what liabilities might
result from its disposal prior to when it was
identified or listed?
wastes regulated
new
The regulatory requirements of RCRA only
apply to a waste after the effective date of
the regulation or regulation amendment under
Part 261 that lists the waste as a hazardous
waste or identifies a characteristic causing
the waste to be a hazardous waste. By statute,
the effective date occurs 6 months after the
date of promulgation of the regulation or
regulation amendment. Before that time,
provisions of Subtitle D of RCRA might apply
(if the waste is land disposed), State laws
might apply, and injunctive remedies determined
by Federal courts under any action taken under
Section 7003 of RCRA would apply. Also, lia-
bilities under common law would apply before
that date0
identification and
listing
-------
Generator Standards
Keywords
accumulation
alternate facilities
annual report
EPA assistance
exclusions
liability
manifest
official documents
pesticide containers
small-quantity generators
State laws and requirements
storage
testing
-------
accumulation
commencement
When does the 90-day period begin in which a
generator can "accumulate" hazardous waste on-
site without a storage permit?
That period begins when the first waste
is accumulated. If, for example, waste is
being accumulated in a 55-gallon drum, the 90-
day period begins when the first amount of
hazardous waste is added to the drum.
generator standards
-------
accumulation
duration
Why did EPA select an accumulation period of
90 days rather than a longer period?
The accumulation period reflects an
attempt to balance the congressional intent
to avoid interfering with the generator's pro-
duction processes, during which some waste
must be allowed to accumulate, with the need to
mitigate the dangers posed by the accumulated
hazardous waste. Storage for longer than 90
days presents the same potential dangers as
longer-term storage. It should, therefore,
be fully regulated.
generator standards
-------
If one-third of the hazardous waste in an on-
site storage tank is emptied every week and
the waste is hauled off-site, could the
generator qualify for a small-generator limit
as long as the amount on-site does not exceed
1,000 kilograms?
The generator can only qualify as a small-
quantity generator if the total amount of
hazardous waste he generates is less than 1,000
kilograms per month (see Section 261.5).
accumulation
storage
generator standards
-------
accumulation
storage
Will generators who store hazardous waste until
they have accumulated a sufficient amount for
hauling off-site be required to apply for a
permit as a storage facility?
If the waste is stored in containers or
tanks for less than 90 days before shipping
off-site, no storage permit is required (see
Section 262.34). If the waste is stored for
more than 90 days, however, a storage permit
is required.
The 90-day rule merely exempts the gener-
ator from the requirement to obtain a storage
permit. It does not change the technical re-
quirements for storage. For example, generators
must accumulate their hazardous waste either
in shipping containers approved by the Depart-
ment of Transportation or in tanks that meet
the Interim Status Standards.
generator standards
-------
accumulation
waste piles
The generator standards state that accumulated
hazardous waste should be placed in "containers"
or "tanks." What happens if the waste is
accumulated in piles?
The accumulation rule (see Section 262.34)
does not apply to waste piles. It applies only
to waste that is to be shipped off-site in 90
days or less and is stored in approved containers or
tanks. Waste piles are treated differently
from tanks or containers because, whereas it
is possible to mark on containers or tanks the
date that accumulation began, there is no
accurate or reasonable way to do that with a
waste pile. Bulk waste stored in piles
prior to shipping off-site must meet all
Interim Status Standards for waste piles, and
the generator must obtain a permit for storage.
generator standards
-------
alternate facilities
designation by
generator
Must generators specify an alternate hazardous
waste treatment, storage, or disposal facility
on the manifest?
No. A generator must, of course, desig-
nate a facility that has Interim Status or a
RCRA, Subtitle C, permit. He may also designate an
alternate facility (with Interim Status or a
RCRA,Subtitle C, permit) to be used by the trans-
porter should an emergency such as a strike
or fire preclude delivery to the designated
facility.
generator standards
-------
What documents will generators use as sources
for their annual reports?
For hazardous waste shipped off-site, the
information on the manifest used for shipping
that waste should be used in preparing the
annual report. For hazardous waste treated,
stored, or disposed of on-site, the information
maintained in the operating record required
under Section 265.73 or Section 264.73 should
be used to prepare the annual report.
annual report
source of data
generator standards
-------
annual report
unregulated wastes
Will generators be required to include in
their annual reports wastes that have hazard
class characteristics as defined by the
Department of Transportation but are not
regulated by RCRA?
No. The generator's annual report need
deal only with hazardous wastes as defined
in Section 261.3.
generator standards
-------
EPA assistance
Does EPA plan to assist industries that experience
serious adverse economic impacts from the RCRA
regulations?
Yes. EPA has established an Industry
Assistance Program (IAP) for this purpose. The
IAP staff coordinates Regional and Federal
assistance to economically impacted industries.
The Agency intends to give particular attention
to the following segments of industry: chrome
pigments, chlorine, electroplating (job shops),
textiles, leather tanning, metals (several),
petroleum rerefining, pesticides, plastics,
and Pharmaceuticals. Other assistance activities
of the Agency include providing training and
information materials on technical, managerial,
and financial options and promoting standard-
ization0 For further information, contact
Michael Barclay, RCRA Industry Assistance Coor-
dinator, Office of Solid Waste (WH-565), U. S.
Environmental Protection Agency, Washington,
D.C. 20460, (202) 755-9190. generator standards
-------
exclusions
What quantities of wastes are excluded from
full regulation under RCRA?
Except for those wastes that are excluded
from RCRA regulation under Section 261.4, no
quantities are "excluded" from the regulations.
Section 261.5 provides, however, special require-
ments for hazardous wastes that are generated
by small-quantity generators. Section 261.5
specifies the quantities below which these
special requirements apply. In addition,
special requirements apply to hazardous wastes
that are beneficially used or reused or
legitimately recycled or reclaimed (see Section
261.6).
generator standards
-------
liability
Is the generator liable for any problems that
occur before ultimate disposal of a hazardous
waste even if he complies with the regulations?
Compliance with the regulations merely
ensures that EPA will not bring an enforcement
action for violations under Subtitle C of RCRA.
Compliance does not necessarily insulate a
generator from liability under common and
statutory law.
generator standards
-------
liability
authorized representative
What is the legal liability of a generator's
authorized representative who signs the
notification form and Part A of the permit
application?
Both the notification form and Part A
of the permit application contain a clause
stating that the signer is familiar with the
facts presented therein and certifies that
they are correct, if it can be shown that the
signer knowingly made false statements in the
notification or Part A, he is subject to
criminal prosecution under Section 3008(d)(3)
of RCRA.
generator standards
-------
liability
revoked permits
If a hazardous waste facility has its permit
revoked, will generators who used that
facility before revocation be liable for
wastes disposed of there?
EPA will not take enforcement action against
generators who follow the regulations and use
facilities having Interim Status or a RCRA,
Subtitle Cr permit unless there is reasonable
cause to do so. Compliance with the regulations,
however, does not necessarily insulate a
generator from liability under common and
statutory law.
generator standards
-------
manifest
analytical report
Must an analysis of the constituents of the
hazardous waste accompany the manifest?
No.
generator standards
-------
manifest
generator's
phone number
Must the manifest carry the generator's
telephone number?
Yes (see Section 262. 21 (a) (2) ).
generator standards
-------
manifest
identification of
wastes
When wastes are combined prior to being dis-
posed of off-site, does the generator have to
identify all waste materials on the manifest?
The manifest requires a description of
the waste as shipped, using nomenclature of
the Department of Transportation, If it is
a mixture, the description on the manifest may
simply be "hazardous waste, not otherwise
specified (NOS)." The generator (and the
off-site facility operator) must, however,
identify wastes generated (and handled, in the
case of the off-site facility) by all applicable
EPA Hazardous Waste Numbers in their respective
annual reports. Thus, the generator will have
to inform the off-site facility operator of all
EPA Hazardous Waste Numbers applicable to his
waste. This need not be done on the manifest,
however.
generator standards
-------
manifest
ocean transportation
How does the manifest system work when a
hazardous waste generated in Puerto Rico,
for example, is shipped to New Jersey, off
loaded, and taken by truck to a disposal
facility?
It works in the same way as it does for
any shipment of hazardous waste. The generator
must fill out a manifest, sign it, get the
transporter's signature, and keep a copy.
All transporters must sign the manifest and
keep a copy. The owner or operator of the
ultimate disposal facility must sign and keep
a copy of the manifest and send a copy back to the
generator.
generator standards
-------
manifest
original copy
Where is the "original" (top copy) of the
manifest filed?
The regulations proposed in December 1978
required the original of the manifest to
accompany the shipment and be returned to the
generator by the receiving facility. The word
"original" has been dropped. The final regula-
tions require that the generator receive a copy
of the manifest with a handwritten signature
of the facility owner or operator. The generator
is required to keep a copy of the manifest signed
by the first transporter until he receives the
copy signed by the facility owner or operator.
The owner or operator of the facility that
receives the waste also must retain a copy of the
manifest (signed by a facility representative and
the transporter delivering the waste).
generator standards
-------
official documents
signatures on
Who should sign the manifest and the annual
report?
The generator must sign the manifest.
Normally, the certification statement on a
shipping paper of the Department of Transpor-
tation is signed by the foreman on the dock.
He is responsible for verifying that the
material has been properly packaged, marked,
labeled, and containerized in accordance with
the requirements of DOT and EPA.
The annual report must be signed by the
person designated in Section 122.6Ca) or by a
duly authorized representative of the person—
that is, the plant supervisor or the person
in charge of the facility.
generator standards
-------
pesticide containers
Do the regulations cover the disposal of
empty pesticide containers by fanners?
Farmers disposing of empty pesticide
containers that result from their own use are
not subject to the regulations if they triple-
rinse the containers and dispose of the rinsate
on their own property in accordance with the
pesticide label.
generator standards
-------
small-quantity
generators
See identification and listing.
generator standards
-------
State laws and
requirements
Is a generator whose waste is sent to a
hazardous waste facility in another State
responsible for complying with that State's
requirements?
Yes. A generator who sends waste out of
state must comply with that State's hazardous
waste regulations, laws, and program. If the
State program is not authorized by EPA, the
generator may have to comply with two sets of
requirements-—State requirements and the RCRA
regulations. Where the unauthorized State's
requirements are less stringent than the
Federal requirements, the RCRA regulations
apply and vice versa.
generator standards
-------
storage
See accumulation.
generator standards
-------
testing
Must a generator test a waste if he already
knows the composition and the concentration
ranges?
No. The RCRA regulations do not require
testing to determine if a solid waste is a
hazardous waste (see Section 262.11).
If the waste is listed as a hazardous waste
or is a solid waste mixture containing a listed
hazardous waste, the generator must designate
the waste as a hazardous waste (unless it has been
"delisted" under Section 260.22). If the waste is
not listed and is not a mixture containing a
listed hazardous waste, the generator need not
test the waste if he has sufficient knowledge
about it with regard to the characteristics of
hazardous wastes identified in Part 261, Subpart C,
If, however, a generator found to be producing a
hazardous waste has not designated it as such and
is not managing it as such, EPA would take en-
forcement action.
generator standards
-------
Must the generator perform the tests for
identifying a hazardous waste, or can they be
performed by an outside laboratory?
The RCRA regulations require only that the
generator determine if a waste is a hazardous
waste; he does not have to test the waste to
make this determination. The regulations place
no restrictions on obtaining the services of
an outside laboratory to perform any testing
necessary to make the determination.
testing
generator laboratory
generator standards
-------
testing
listed wastes
Must a generator test the wastes listed under
Sections 261.31, 261.32, or 261033?
No. The generator does not have to test
a waste that has been listed as a hazardous waste
in Sections 261.31, 261.32, or 261033. Listing
defines a waste as a hazardous waste. Treat-
ment, storage, and disposal facilities to which
the wastes are shipped may, however, request a
chemical analysis from the generator.
generator standards
-------
Transporter Standards
Keywords
definition
delivery of materials
Department of Transportation
notification
small shipments
spills
vehicles
-------
definition
transporter
How much waste must one carry to be considered
a transporter of a hazardous waste?
Any amount of hazardous waste carried
causes the transporter to be a transporter of
hazardous waste. Certain hazardous wastes,
when transported, are not, however, subject to
the transportation requirements of the regu-
lations :
o The hazardous wastes generated by
small-quantity generators (.see Section
261.5) and
o the hazardous wastes destined for use,
reuse, recycling, or reclamation (ex-
cept for sludges, listed hazardous
wastes, and mixtures containing
listed hazardous wastes).
transporter
standards
-------
delivery of materials
transporter
standards
Would it be advisable to allow a transporter
to divert recyclable materials that the genera-
tor designated for disposal?
No. Under the RCRA regulations, it is the
generator's responsibility to designate the
hazardous waste facility to which the waste is
to be taken. The transporter is required to
deliver the waste to the facility designated by
the generator. The transporter could, of course,
let the generator know where the waste being
handled could be recycled.
-------
Have EPA and the Department of Transportation
coordinated their hazardous waste activities?
Department of
Transportation
coordination with
EPA
Yes. EPA and DOT jointly developed the
regulations for the transportation of hazardous
waste. The regulations in Part 263 applicable
to transporters incorporate, by reference,
pertinent parts of DOT's rules on labeling,
marking, packaging, placarding, and other
requirements for reporting hazardous waste
discharges or spills during transportation.
DOT, in turn, has amended its Hazardous
Materials Transportation Regulations to include
the requirements in Part 263. EPA believes
that these joint efforts will make it easier
for transporters to comply with all require-
ments and will eliminate overlapping adminis-
trative and enforcement activities. Coordina-
tion will, of course, minimize additional
costs for recordkeeping by transporters.
Furthermore, EPA and DOT have jointly signed a
Memorandum of Understanding that outlines the
enforcement responsibilities of each agency
where there is overlapping jurisdiction.
transporter
standards
-------
Department of Transportation
regulations
applicability
Are the Department of Transportation's regula-
tions concerning the transportation of hazard-
ous materials applicable to both hazardous
wastes and hazardous substances?
Yes. DOT has amended its Hazardous Materials
Transportation Regulations specifically to include
all hazardous wastes (HW) and hazardous substances
(HS) regulated by EPA (Federal Register, May 22,
1980). To determine how a particular HW or HS is
regulated by DOT, a generator should first check
to see if it is listed in the Hazardous Materials
Table in Section 172.101 of the DOT regulations.
If it is, the table directly points out the re-
quirements for transportation. If it is not
listed, a generator must then determine if his HW
or HS exhibits any of the characteristics under
DOT's 15 hazard classes. If so, it must be shipped
as designated in the Hazardous Materials Table for
the appropriate hazard class. If not, then the HW
or HS falls under the ORM-E hazard class (49 Code
of Federal Regulations 173.500(b)(5)) and must
transporter be shipped according to the general requirements of
standards
a hazardous waste "not otherwise specified (NOS)" or
a hazardous substance NOS as listed in the table.
-------
Where can transporters and generators secure
information on the Department of Transporta-
tion's regulations covering the transportation
of hazardous waste?
Department of
Transportation
regulations
information
sources
The DOT regulations were published in the
Federal Register of May 22, 1980, and in Title
49 of the Code of Federal Regulations. Copies
may be obtained from the Superintendent of
Documents, U. S. Government Printing Office,
Washington, D.C. 20402. In addition, DOT
publishes a list of colleges, universities,
and private companies that offer programs
on the transportation of hazardous substances
and numerous pamphlets dealing with various
aspects of the regulations. Copies of the
list and pamphlets may be obtained from: De-
partment of Transportation, Research and
Special Programs Administration, Office of
Hazardous Materials, Information Services
Division, 700 D Street, S.W. , Washington, D.C..
20590.
transporter
standards
-------
Department of Transportation
regulations
open trucks
May hazardous waste be hauled in open trucks?
Any container that complies with rules and
regulations established by the Department of
Transportation may be used. DOT has developed
regulations specifically for open trucks.
transporter
standards
-------
How do EPA's Hazardous Waste Numbers relate
to the Department of Transportation's shipping
numbers?
The shipping numbers in the DOT regulations
relate to emergency response and are not
necessarily specific to a waste material.
The numbers tie into an already existing
system of emergency response codes developed
by the United Nations (UN). DOT expanded the
list of codes to include more materials than
those used by the UN. Those codes are re-
quired on the manifest because they are part
of the proper DOT shipping description. The
"Hazardous Waste Numbers in EPA1 s identification
regulations, which are specific to waste
materials, are not required on the manifest,
but must appear in annual reports and other
records that EPA requires.
Department of
Transportation
regulations
shipping numbers
transporter
standards
-------
notification
new wastes
Do transporters have to file another notifica-
tion for each new hazardous waste they receive?
No. Notification is based upon the wastes
transported during the 3 months prior to notifi-
cation. New notification need not be submitted
later.
transporter
standards
-------
small shipments
Must a generator who transfers small quantities
of hazardous waste from a subsidiary plant to
a main facility for accumulation and treatment
comply with the transporter standards of the
regulations?
If a subsidiary plant qualifies as a
small-quantity generator, the plant is only
required to see that the waste is sent to a
facility that has a RCRA permit, has Interim
Status, or is permitted, licensed, or regis-
tered by the State to manage municipal or in-
dustrial solid waste. In this case, the sub-
sidiary plant does not have to meet the gener-
ator standards under Part 262 or the trans-
porter standards under Part 263.
Should a subsidiary plant not qualify as
a small-quantity generator, however, it is
subject to all of the RCRA requirements, in-
cluding the transporter standards.
transporter
standards
-------
spills
responsibility
Who is responsible for spills of hazardous
waste in transit?
Both the generator and transporter have re-
sponsibilities when a hazardous waste is spilled.
According to Part 263, Subpart C, a transporter
must:
o report spills (see Section 263.30 (c) ) ;
o take appropriate immediate action to
protect human health and the environment;
and
o clean up the spill.
The generator must:
o help prevent spills by assuring that the
waste is properly packaged in containers
that are neither damaged nor leaking and
that are properly marked and labeled (see
Part 262, Subpart c);
o ascertain the status of shipments of
hazardous wastes that do not reach the
designated facility; and
o submit an Exception Report for unreturned
transporter manifests.
standards
-------
vehicles
placards
Will trucks hauling hazardous wastes have to
be labeled on the outside to declare their
contents?
Most vehicles hauling hazardous waste must
carry Department of Transportation placards,
according to Section 172.504 of DOT's Hazardous
Materials Transportation Regulations:
o Vehicles hauling wastes that fall into
the six hazard classes listed in Table l
require one of the six specified placards,
regardless of the quantity carried.
o Vehicles hauling wastes that fall into
the 15 hazard classes listed in Table 2
require placards only when carrying 1,000
pounds (454 kilograms) or more0
o Vehicles hauling hazardous materials
listed in Section 172.500 do not re-
quire placardso Among these materials
are disease-causing agents, ORM-A, B,
C, and D materials, and small quantities
excepted by DOT under Section 172.101. transporter
standards
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Facility Standards
Facilities
Keywords
active/inactive sites
approved facility
baghouse
chemical analyses
closure
contingency plan
Department of Defense
disposal
evaporation
existing facilities
explosive wastes
facility
financial requirements
generator
ground water
incineration
Interim Status
Interim Status Standards
land treatment
landfills
legal responsibility
personnel
postclosure care
publicly owned treatment works
recordkeeping and reporting
records
recycling
reports
sites
siting
storage
surface impoundments
surveillance system
treatment
volatile wastes
-------
active/inactive
sites
If a plant ceases on-site disposal prior to
November 19, 1980, is it subject to the RCRA
regulations?
No. The regulations apply only to hazardous
waste treatment, storage, or disposal facilities
that either are in operation or begin operation
.on or after November 19, 1980, the effective date
of the regulations. If, however, the on-site
facility was handling hazardous waste on the date
of promulgation of the regulations (May 19, 1980),
the owner or operator must notify under Section
3010 of RCRA, even though the facility closed
before the regulations became effective.
The on-site facility would be an inactive
facility, which is defined as "inactive portion"
in Section 260.10(a) (29) . An inactive facility
is subject to Section 7003 of RCRA. Under this
section of the statute, EPA can seek injunctive
action to remedy an imminent hazard's being
caused by the facility.
facility standards
-------
active/inactive
sites
closure procedures
Can an inactive facility (that does not receive
hazardous waste on or after November 19, 1980)
be closed after November 19, 1980, without having
to go through full RCRA closure procedures?
Yes. The closure rules in Parts 264 and
265 apply only to facilities at which hazardous
waste was treated, stored, or disposed of
after November 19, 1980. It would, however,
be in the best interests of the owner and
operator of an inactive facility, and the
public as well, for the closure to be in
accordance with the closure requirements of
Part 264.
Section 7003 of RCRA applies across the
board to both active and inactive facilities.
If an inactive facility (before or after
closure) is causing an imminent hazard as de-
fined in Section 7003, then it is subject to
that provision, even though it may not be sub-
ject to Subtitle C of RCRA.
facility standards
-------
How do active facilities, inactive facilities,
and closed facilities differ?
An active facility is one in which
hazardous waste treatment, storage, or dis-
posal operations are being or have been con-
ducted after November 19, 1980. An inactive
facility is one in which such operations are
not being or have not been conducted after
November 19, 1980.
A closed facility is one that operated
after November 19, 1980, under Interim Status
or under a RCRA permit and closed in accordance
with the closure requirements of Part 264 or
Part 265.
active/inactive
sites
definitions
facility standards
-------
approved facility
What is an approved hazardous waste facility?
The term "approved" is not used in RCRA
or the regulations. When the term is used,
EPA takes it to mean a facility that:
o has received a RCRA permit from EPA
or an authorized State; or
o has Interim Status under RCRA, Section
3005(e) .
facility standards
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baghouse
Is a baghouse used to recover product and other
material for immediate reprocessing considered
an air pollution control facility, thus making
the product, by definition, a solid waste?
The answer depends on the primary purpose
of the baghouse. If a baghouse is intended
primarily to recover product, as opposed to
being an air pollution control facility, then
the recovered product is not a solid waste.
If, on the other hand, the baghouse is in-
tended to control air pollution, and captures
a "product" in the process, the captured
material would be a "sludge" (see Section 260.10
(a) (63)) from an air pollution control facility
and, thereby, would be a solid waste in accordance
with Section 261.2 (a). If, however, this "sludge"
meets the definition of hazardous wastes (see
Section 261.3), its immediate reprocessing would
not, at this time, be regulated under the RCRA
regulations since this reprocessing would be
a legitimate recycling or reclamation of
hazardous waste (see Section 261.6). facility standards
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chemical analyses
Who must provide the detailed chemical analysis
of a waste before it is treated, stored, or
disposed of?
The owner or operator of a hazardous waste
treatment, storage, or disposal facility is
required to obtain a waste analysis, which
usually will involve a detailed chemical analysis
before treating, storing, or disposing of the
waste (see Section 265.13 and related require-
ments of Part 265). The owner or operator,
however, may require the generator to perform
part or all of the required waste analysis as a
condition of doing business with the generator.
This would be a business arrangement, not a
requirement of the regulations.
facility standards
-------
If the owner or operator of a facility does
not qualify for or does not obtain Interim
Status, and the facility is required to close
temporarily while awaiting a permit, do the
closure requirements in the regulations of
May 19, 1980, apply?
No. The closure rules in Part 265 apply
only to those facilities that have obtained,
and are closed while under, Interim Status.
closure
requirements
facility standards
-------
contingency plan
Can the Spill Prevention, Control, and Counter-
measures (.SPCC) plan be utilized to prepare
the contingency plan and meet certain other
planning requirements (such as inspections
and training)?
Section 265.52 (b) explicitly says that the
requirement for a RCRA contingency plan can be
met by suitable modification of the SPCC plan.
All the RCRA emergency requirements that must
be in writing could be considered part of the
SPCC plan, or, in fact, any State or local
emergency plan. It is questionable, however,
whether an SPCC or any other emergency plan would
include all of the provisions required in an
inspection or a training plan. It may be
stretching the original intent of the SPCC plan
to cover all RCRA requirements. All plans can,
however, be included in an overall SPCC or other
emergency plan, as long as all RCRA requirements
are met.
facility standards
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Department of
Defense
Do the RCRA, Subtitle C, regulations apply to
facilities of the Department of Defense that
store and ship hazardous waste?
Yes. These regulations apply to all
Federal agencies that generate, store,
transport, treat, or dispose of hazardous
waste.
facility standards
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disposal
State standards versus
Federal standards
Can a waste generated in a State that uses 10
times the National Interim Primary Drinking
Water Standards for its EP toxicity characteristic
be disposed of as a nonhazardous waste in a
State that uses the Federal level of 100 times
the standards?
Yes. Under certain conditions, it is permissible
under the RCRA regulations for the State where the
waste originated to have a more stringent standard
than the Federal standards or other equivalent State
standards. The waste would be a hazardous waste
in the State of origin, and that State's standards
governing generators and transporters would apply.
The waste, however, would not be a hazardous waste
in the receiving State.
facility standards
-------
evaporation
Is evaporation a disposal process?
No. Evaporation is a volume-reduction
process and is considered to be a treatment,
not a disposal, process.
facility standards
-------
existing facilities
Are facilities "in existence" according to
Subtitle C of RCRA if they began operations
after October 21, 1976?
No. They are not considered "in existence"
unless they commenced construction before
October 21, 1976. EPA expects, however, that
Congress will amend Section 3005(e) of RCRA to
change the date by which a facility must be "in
existence" to qualify for Interim Status.
facility standards
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Since there are no commercial facilities for
disposal of bulk explosives, the Department
of Defense and other governmental agencies
have worked with industry to render these
materials harmless. Would it be feasible
to provide a general exemption to allow
these activities to continue?
explosive wastes
burning and
detonation
The Interim Status Standards (see Section
265.382) allow open burning or detonation of
explosive wastes if they cannot safely
be disposed of through other methods. The
regulation applies to all facilities,
commercial and governmental. Facilities that
meet the definition of existing facilities,
that notify, and that apply for permits can
continue to operate during Interim Status.
EPA does not approve of open burning or
detonation of explosive wastes, but decided
that at least during Interim Status—until
appropriate facilities become available—
open burning or detonation of these wastes
will be allowed under controlled conditions.
facility standards
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The regulations specify the distances from
property lines at which the explosives can be
detonated in relation to the amount of ex-
plosive wastes to be disposed of.
-------
facilities
on-site list
Will on-site or generator-controlled disposal
facilities be identified as such in EPA's
computer list of facilities?
Yes.
facility standards
-------
facility
definition
Is a series of ponds on different portions of
a site considered one facility?
Yes. There was some confusion on this
in the proposed rules. Part 260 now contains
a new definition that makes it clear that a
single "facility" may consist of several similar
or different types of hazardous waste units,
such as several ponds, an incinerator, a land-
fill, and storage facilities.
facility standards
-------
financial
requirements
assets test
How can the financial strength of a hazardous
waste facility be determined?
Owners or operators of treatment, storage, and
disposal facilities are required to estimate
the cost of closure and, for disposal facilities,
the cost of postclosure care. These are the
only requirements in the Phase I (May 19, 1980)
regulations. On May 19, 1980, however, EPA
also proposed additional financial assurance
and insurance requirements feee 45 Federal
Register 33260). The Agency intends to promul-
gate these additional requirements as soon as
it can complete its consideration of the
public comments. Section 265.143Ce) of the
proposed rules provides for an assets test to
assure funds for closure of a facility. This
test will allow a company to meet its financial
responsibilities for closure without putting
aside any money. Section 265.145(g) of the
proposed rules describes a similar provision
for postclosure care of facilities. facility standards
-------
financial
requirements
General Status versus
Interim Status
How will the financial requirements for hazard-
ous waste facilities with General Status
permits differ from the requirements during
Interim Status?
EPA does not anticipate that they will
differ significantly except perhaps for the
insurance provisions. The reproposed financial
assurance requirements cover both Interim
and General Status. We expect that the cost-
estimating requirements promulgated for Interim
Status will be the same as for General Status.
The insurance requirements for Interim Status
in the reproposed regulations cover only
sudden and accidental occurrences. The General
Status insurance provisions/ proposed in
December 1978, cover both sudden and non-
sudden occurrences. We are reopening the comment
period for the latter provisions so that EPA
can reexamine them in the context of new
analyses by EPA and developments in the
insurance field.
facility standards
-------
financial
requirements
government
facilities
Must hazardous waste facilities owned or
operated by States or the Federal Government
meet the financial requirements?
No. Section 265.140 (c) of the regulations
exempts States and the Federal Government from
the financial requirements.
facility standards
-------
financial
requirements
insurance
Will facilities that receive permits during
the first year or two of the permitting
process have to acquire nonsudden insurance
coverage as a condition for receiving a permit?
The requirements for nonsudden insurance
coverage for facilities that are issued a permit
are still under rulemaking consideration (see
45 Federal Register 33264). The Agency intends
to promulgate these insurance requirements in fall
1980.
facility standards
-------
What is required financially of a facility
during Interim Status?
financial
requirements
Interim Status
At present, the owner or operator of each
facility must:
o prepare and keep on hand plans for
closure, and, in the case of disposal
facilities, for postclosure care;
o prepare cost estimates for these plans.
The cost estimates must be adjusted
for any changes in the plans that affect
costs and must also be adjusted
annually for inflation. The cost
estimates also must reflect the
maximum amount that could be expected
to be expended for closure, as indicated
by the closure plan.
EPA soon expects to distribute to the
Regions drafts of guidance documents for esti-
mating the costs of closure and postclosure
care for their review and use.
Additional financial requirements for
facility standards
-------
facilities during Interim Status were reproposed
on May 19, 1980. The public comment period on
these requirements closed on August 18, 1980.
EPA expects to include financial responsibility
requirements as part of Phase II standards
(to be promulgated in fall 1980). Owners
and operators will have 6 months after promul-
gation within which to comply.
-------
Why did EPA repropose the financial assurance
requirements for hazardous waste facilities?
In response to comments received, EPA
has substantially revised the financial re-
quirements and believes that the public
should have an opportunity to comment on the
new version.
EPA has had little experience with-
financial mechanisms and, therefore, anticipates
that the reproposal may be significantly improved
as a result of comments and suggestions by the
public. The financial requirements were
reproposed in the Federal Register of May 19,
1980, along with the final regulations for
Interim Status.
financial
requirements
reproposal
facility standards
-------
financial
requirements
reproposal
Why must the reproposed financial requirements
be so complex? Is this in the spirit of the
Administration's efforts to streamline regula-
tions and lessen the regulatory burden?
The bulk and complexity of the financial
requirements have increased because, as a re-
sult of public comments, EPA now proposes
allowing facility owners and operators a number
of alternatives to meet their closure and post-
closure financial responsibility; the regulations
proposed in 1978 permitted only the trust fund
option. The reproposed regulations allow much
more flexibility and, in many cases, could mean
lower costs in providing financial assurance as
compared with the original proposal. Thus, EPA
believes that these regulations reflect the spirit
of regulatory reform. EPA welcomes suggestions
on ways to allow such flexibility in a simpler
way, while still providing adequate financial
assurance.
facility standards
-------
Must a solvent recovery plant have an insurance
policy?
Those portions of a solvent recovery plant
engaged in the legitimate recycling or reclamation
of hazardous waste are not now subject to the
regulations (see Section 261.6). Those portions
of a solvent recovery plant providing storage
of hazardous wastes that are either sludges or
listed in Part 261, Subpart D, are, however,
subject to the regulations. At this time, the
regulations do not require insurance coverage.
Section 265.147 of the revised rules proposed on
May 19, 1980 (see 45 Federal Register 33260),
would, however, require, if promulgated, insurance
coverage for sudden and accidental occurrences
in the amount of $1 million per occurrence and
$2 million aggregate, exclusive of legal defense
costs for facilities having Interim Status.
financial
requirements
solvent recovery
plants
facility standards
-------
generator
on-site treatment
facility
If an industrial plant (which does not meet
the small-generator exclusion) generates a
waste exhibiting one of the hazardous waste
characteristics and then treats or mixes that
waste on-site so that it no longer meets the
characteristic(s), will the plant require a
permit as a treatment facility?
Yes. The plant is treating a hazardous waste
and therefore requires a permit. The plant must
notify EPA under Section 3010 of RCRA, must
submit a Part A permit application as required
by Part 122, and must comply with the Interim
Status requirements of Part 165.
facility standards
-------
ground -water
monitoring
applicability
Do the Interim Status Standards require ground-
water monitoring at all hazardous waste
facilities?
No. Ground-water monitoring is required
only at surface impoundments, landfills, and
land-treatment facilities used to manage
hazardous wastes (see Part 265, Subpart F).
Such monitoring must be initiated within 1 year
after the effective date of the regulations
(that is, before November 19, 1981). All or part of
the monitoring requirements may be waived if
the owner or operator can demonstrate that there
is a low potential for migration of hazardous
waste or hazardous waste constituents from the
facility via the uppermost aquifer to water-
supply wells (domestic, industrial, and
agricultural) or to surface water (see Section
265.90(a) and (c)) .
facility standards
-------
ground water
monitoring
compliance date
When must a facility with an existing ground-
water monitoring system comply with the
Interim Status Standards for ground-water
monitoring?
In accordance with Section 265.90(a), owners
and operators of all surface impoundments, land-
fills, and land-treatment facilities must im-
plement a ground-water monitoring program capable
of determining the facility's impact on the
quality of ground water in the uppermost aquifer
underlying the facility within 1 year after
the effective date of the regulations (that is,
before November 19, 1981). Such a monitoring
program must include the use of a monitoring
system meeting the specified technical require-
ments in the regulations.
To help implement the ground-water monitoring
requirements, EPA has developed a guidance
manual on Interim Status Standards for Regional
Offices and the States. In addition, the Agency is
developing more detailed technical guidance
manuals that will be available to the public,
the States, and EPA Regional Offices. These
documents will be revised over time as EPA
gathers more experience in implementing the
regulations for monitoring ground water.
facility standards
-------
If statistical procedures show that a facility
may be affecting ground-water quality, what
subsequent actions must the owner or operator
take?
The owner or operator must notify the
Regional Administrator within 7 days of con-
firmation that the facility may be affecting
ground-water quality (see Section 265.93(d)(1)).
Within 15 days of such notification, the owner or
operator must submit to the Regional Administrator
a plan for a ground-water quality assessment at
the facility. The plan must be implemented, and
a written report must be submitted to the
Regional Administrator (see Section 265.93).
ground water
monitoring
quality
facility standards
-------
incineration
energy recovery
If a waste is incinerated on-site for energy
recovery, is it covered by the regulations?
If the purpose of the incineration is
legitimate recovery of energy, the regulations
do not apply (see Section 261.6). If, however,
the purpose of the incineration is destruction
of waste, this would be considered treatment
and would be subject to the regulations. EPA
may, in the future, regulate incineration of
hazardous wastes for energy recovery.
facility standards
-------
incineration
Interim Status
Standards
What are the requirements (other than general
facility requirements) for incineration of
hazardous waste?
The Interim Status Standards applicable
to incinerators are:
o The incinerator must be brought up to
normal steady-state conditions before
hazardous waste is added.
o The owner or operator must analyze
the waste in sufficient detail to es-
tablish steady-state conditions. The
analysis must determine the heating
value of the waste and the concen-
trations of halogens, sulfur, lead,
and mercury.
o Instruments controlling temperature
and emission control must be monitored
at least every 15 minutes, and
appropriate changes must be made to
maintain steady-state conditions.
o The stack plume must be observed visually
at least hourly, and the entire incin-
erator must be inspected daily.
o At closure, all hazardous waste and
residues must be removed from the
incinerator.
facility standards
-------
incineration
permits
Does an on-site hazardous waste incinerator
need a permit?
Yes. It would need a treatment permit
because EPA considers incineration to be
treatment, rather than disposal.
facility standards
-------
incineration
thermal treatment
How does thermal treatment differ from incinera-
tion?
Thermal treatment involves subjecting
hazardous waste to elevated temperatures to
change its chemical, physical, or biological
character or composition. Incineration, the
most widely practiced form of thermal treat-
ment, uses flame combustion in a device to
degrade thermally (oxidize) hazardous waste.
Other forms of thermal treatment include
pyrolysis, microwave discharge, wet air
oxidation, calcination, and molten salt
processes.
The facility standards in Part
265 include requirements for incinerators,
other thermal treatment devices, and the con-
duct of open burning of explosive waste.
facility standards
-------
Interim Status
Can an existing facility that does not presently
handle any of the hazardous wastes identified
in the May 19, 1980, regulations qualify for
Interim Status in the future if the facility
needs to handle any of these wastes at that
time?
Yes. The facility can do so/ however,
only if it filed a notification by August 18
and a permit application by November 19, 1980.
Facilities that fail to notify or submit a permit
application on time may not handle hazardous
waste until they receive a hazardous waste
permit.
facility standards
-------
What do the Interim Status Standards cover?
Interim Status
Standards
coverage
The Interim Status Standards, which be-
come effective November JL9, JL980, generally
cover:
o administrative requirements;
o ground-water monitoring for disposal
facilities;
o standards for closure and postclosure
care;
o cost estimates for closure and post-
closure care;
o special requirements for handling
ignitable, reactive, and incompatible
wastes;
o additional requirements specific to 10
different types of hazardous waste
management facilities.
The regulated community must read Part
265 to be aware of all the specific require-
ments that apply during the Interim Status
period.
facility standards
-------
Interim Status
Standards
multiple-facility coverage
If a plant has several hazardous waste
facilities, each associated with an individual
process, are the individual facilities covered
by the Interim Status Standards?
Yes.
facility standards
-------
Interim Status
Standards
organ!zation
How are the Interim Status Standards organized?
All of the Interim Status Standards are
contained in Part 265. The organization of this
part is shown in 45 Federal Register 33220 and
33221.
facility standards
-------
land treatment
Must core samples be taken and lysimeters in-
stalled at each segment of a land-treatment
facility, or could a representative site be
selected?
Section 265.278 requires the owner or
operator of a land-treatment facility to de-
velop a plan during Interim Status to monitor
the unsaturated zone beneath the facility.
That plan must take into account, for example,
the variability of the hazardous waste treated
and the different types of soil that may be
present. If the same waste is applied to
essentially the same soil in various seg-
ments of a facility, one representative site
could be selected. If, however, different
types of hazardous wastes are being treated
or different soils are encountered, then either
several representative sites or a sampling of
each segment will be required.
facility standards
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Do the RCRA regulations apply to material
disposed of in a landfill prior to November
19, 1980, the effective date of the regulations?
If hazardous waste is added to the
previously disposed of material after November
19, 1980, then the entire landfill becomes an
active landfill and is covered by the regula-
tions. If, however, the hazardous waste is
segregated from the previous material, then
that portion of the landfill containing the
previous material is an inactive portion and
is not subject to the regulations.
landfills
active/
inactive sites
facility standards
-------
landfills
bulk liquids
Can bulk liquids be buried in chemical land-
fills?
No. They cannot be unless the landfill is
lined and has a leachate collection system or
the waste is first stabilized so that it con-
tains no free liquids (see Section 265.314).
facility standards
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Can drums of liquid hazardous vraste be buried
in landfills?
No. Sections 265.314 and 265.315 prohibit
landfill disposal of drums containing free
liquids and empty drums that have not been
crushed or shredded. These provisions become
effective on November 19, 1981. The disposal
of drums containing solids is not affected by
the regulations.
landfills
drums
facility standards
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landfills
ignitable wastes
Can ignitable (low-flash-point) liquid wastes
be disposed of in a chemical landfill?
A liquid waste that exhibits the charac-
teristic of ignitability in Section 261.21
must be treated so that it no longer meets the
ignitability characteristic before being placed
in a landfill (see Section 265.312). This may
be done by mixing the waste with other materials
so that the resulting mixture no longer meets
the ignitability characteristic. This mixing
may be done before placement in the landfill.
Mixing may also be done after placement in the
landfill but, because the waste is liquid, only
if the provisions of Section 265.314 are met.
facility standards
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Can incinerator residues formerly disposed of
in municipal landfills continue to be disposed
of there if they are found to be hazardous
wastes under the RCRA regulations?
This can be done only if:
o the owner or operator of the municipal
landfill has Interim Status and meets
the Interim Status Standards or has
received a RCRA permit. In other
words, the municipal landfill must be
a hazardous waste disposal facility
under RCRA.
o the incinerator qualifies as a small-
quantity generator under Section 261.5,
and the municipal landfill is permitted,
licensed, or registered by the State.
landfills
incinerator
residues
facility standards
-------
landfills
liquid wastes
Why can drums of liquid waste not be placed in
lined landfills since the regulations allow bulk
liquids to be placed in lined landfills?
The RCRA regulations prohibit the disposal
of bulk liquids in landfills unless the landfill
has an adequate liner and leachate collection
and removal system (see Section 265.314(a) (1)).
Containers of liquids are prohibited from being
disposed of Cwith certain exceptions) in landfills,
even though the landfill is equipped with a liner
and leachate collection and removal system (see
Section 265.314 (b)). Drums are likely to begin
to corrode and then leak after closure of the
facility, when the leachate collection system
is no longer operating. The corroded drums will
eventually collapse, causing the landfill to
subside and the cover to break. This rationale
is discussed in detail in the Preamble to Part
265 (45 Federal Register 33213).
facility standards
-------
landfills
municipal
Are municipal landfills regulated under RCRA?
No. They are not regulated unless they
receive hazardous wastes from generators who are
not small-quantity generators.
facility standards
-------
legal
responsibility
Is the owner or the operator of a hazardous
waste facility responsible for complying with the
RCRA regulations?
Both the owner and the operator are re-
sponsible. If EPA detects a violation of the
regulations, it can proceed against the owner,
the operator, or both.
facility standards
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How are workers at hazardous waste facilities
protected legally?
personnel
safety
Three categories of sites have to be con-
sidered:
o Workers at privately owned hazardous
waste facilities may fall under the
standards of the Occupational Safety
and Health Act (OSHA). In addition,
the RCRA, Subtitle C, regulations re-
quire that workers be trained in con-
tingency responses and other procedures
relevant to their jobs, such, as re-
quired waste analysis, preparedness
equipment and plans, and proper oper-
ating procedures (see Section 265.16).
o Workers at Federal facilities will be
protected by the programs established
by their agencies in accordance with
the requirement in OSHA (29 U.S.C. 653
(b)(l)) that Federal agencies establish
health and safety programs comparable
facility standards
-------
to the OSHA program. The requirements
of Section 265.16 also apply0
o Workers at State and local facilities
will be protected by State and local
requirements as well as by Federal
regulations under OSHA and Section 265.16.
-------
Can the training received by existing employees
before the effective date of the RCRA regulations
be applied to the training required under the
regulations?
Yes. Employees who have attended courses
or received instruction in hazardous waste
management before the effective date of the
regulations need not repeat this training after
the regulations take effect. Additional
training will probably be required, however,
to acquaint employees with any new requirements
imposed by the new regulations. Part 264
and Section 265.16 (a) require that all training
of employees be reviewed annually.
personnel
training
facility standards
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personnel
training
If an industrial plant has on-site facilities
to treat hazardous wastes, do the training
requirements of Section 265.16 extend to per-
sonnel in the production unit?
No. The training requirements apply only
to personnel involved in those aspects of the
facility's operation that relate to the manage-
ment of hazardous waste.
facility standards
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postclosure
care
Do the RCRA regulations provide for perpetual care
of hazardous waste disposal facilities?
No. The regulations call for postclosure care
of a hazardous waste disposal facility for a period
of years. This period is 30 years unless the EPA
Regional Administrator concludes that a longer or
shorter period is appropriate. The length of the
period is determined by the nature of the disposal
facility, the types of waste handled, and other
factors. The owner or operator may petition the
Regional Administrator to request that some or
all of the requirements for postclosure care be
discontinued or altered.
facility standards
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publicly owned
treatment works
Would a publicly owned treatment work (POTW)
that accepts hazardous waste by rail or truck
be classified as a hazardous waste management
facility?
Yes. These facilities are considered
hazardous waste management facilities. Such a
facility receives a RCRA permit by rule under
Section 122.26 (c), and the owner or operator
is expected to comply with the requirements
outlined in that section, which include having
and complying with a permit under the National
Pollutant Discharge Elimination System and
complying with the manifest requirements and
certain reporting and recordkeeping requirements,
facility standards
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recordkeeping
and reporting
How accurate must records be for hazardous
waste disposed of on-site?
Section 264.73 requires that several types
of records be maintained. The owner or operator
is required to keep records on the type and
quantity of wastes, on how and at what locations
the wastes are disposed of, on waste analyses,
inspections, training, monitoring results, and
incidents that require implementation of the
contingency plan, and on the estimated closure
and postclosure costs. The regulations do not
specify the degree of accuracy required for
these records because it will vary depending on
the types of records, the character of the in-
dividual wastes, and other case-by-case factors.
The owner or operator is expected to keep timely
and accurate records and to use reasonably accurate
testing or estimating methods, as appropriate,
to develop the information required in the
several records.
More specifically, this question is re-
lated to two problems. The first is whether the
disposal facility should weigh the hazardous waste.
EPA decided that it could not justify scales for
every facility, and so they are not required.
Measurements need not, therefore, be exact,
although if a facility already has a scale, it facility standards
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should be used.
The second problem relates to the location
of wastes in a disposal facility. Section
265.73(a)(2) requires that the "location and
quantity of each hazardous waste must be re-
corded on a map or diagram of each cell or
disposal area." That information is vital for
many reasons, including emergency response and
postclosure care. These records, therefore,
must be as accurate as possible.
EPA is providing two separate sets of
guidance on recordkeeping—one set for the
Interim Status Standards and the other to ac-
company the Phase II regulations to be published
in fall 1980.
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records
What kinds of records must be kept for on-site
hazardous waste systems?
The recordkeeping requirements apply
equally to all hazardous waste treatment,
storage, and disposal facilities, whether on-
site or off-site. These requirements are
outlined in Section 265.73.
facility standards
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records
How long must the owner or operator keep the
operating record after the postclosure care
period is completed?
Section 265.73 (b) states that the operating
record must be maintained until closure, not
postclosure. For disposal facilities, Section
265.74 (c) states that copies of the records of
waste disposal locations and the quantities at each
location must be transmitted to local authorities
upon closure. In the case of records of ground-
water monitoring, Section 265.94(a) (1) and
(b) (1) state that such records must be kept
throughout the postclosure care period. In re-
gard to enforcement actions, Section 265.74(b)
states that the retention period for all records
is extended automatically for the duration of
those actions.
facility standards
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recycling
on-site
Are on-site recycling systems subject to the
regulations?
The recycling system itself is not presently
regulated under RCRA, If, however, the material
being recycled is a hazardous sludge, a listed
hazardous waste, or a mixture containing a
listed hazardous waste, the on-site storage of
the waste before recycling would be subject to
the RCRA regulations (see Section 261.6).
facility standards
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recycling
solvents
Is a solvent recycling plant that handles
hazardous wastes considered a hazardous waste
facility under RCRA?
Yes. It is considered a hazardous waste
facility, but the recycling operation itself
is not now subject to regulation. Any asso-
ciated storage operations, however, are
subject to regulation if they handle hazardous
wastes which are sludges, listed hazardous
wastes, or mixtures containing listed hazardous
wastes (see Section 261.6).
facility standards
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Do the RCRA regulations cover the burning of a
hazardous waste oil or process gas in a steam
boiler that meets all air pollution require-
ments?
No. The burning of a waste oil or process
gas for energy recovery is not now covered by
the regulations because such burning is con-
sidered recycling (see Section 261.6). The re-
cycling and reuse of waste oil will, however,
be covered by the Phase II regulations.
recycling
waste oil
facility standards
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reports
How must on-site disposal facilities report
quantities of waste disposed?
Data on the quantity of waste disposed of
on-site or off-site must be reported by weight,
in either English or metric units, in the
facility's annual report (see Section 265.75).
facility standards
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What is the status of a disposal operation
that was in existence before RCRA was enacted
in 1976, but since then has started a new
operation under the same ownership on a new
part of the old site or on a new site?
sites
change in location
As RCRA currently reads, only those
hazardous waste management facilities "in
existence" before October 21, 1976, can qualify
for Interim Status. Therefore, in this case,
that portion of the facility in existence be-
fore enactment of RCRA can qualify for Interim
Status; the newer portions cannot be allowed to
operate after November 19, 1980, until a RCRA,
Subtitle C, permit is issued. Congress is ex-
pected, however, to amend Section 3005 (e) of
RCRA to move the "in existence" date to October
30, 1980. When this change is made, both the
old and newer portions of the facility, in this
case, will qualify for Interim Status if a
notification under Section 3010 of RCRA and Part
A of a permit application under Part 122 covering
both portions are submitted to EPA.
facility standards
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siting
standards for
special areas
Are there standards for the location of
facilities in special areas such as coastal
flooding zones and habitats of endangered
species?
These standards have not yet been, promul-
gated. They will be issued in Part 264 in fall
1980 and will apply to permitted facilities,
but not to facilities with Interim Status.
facility standards
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If a container leaked about 10 pounds of a
pesticide listed in Section 261.33(e), which
was then picked up on an absorber and held
for 120 days before it was shipped off-site
for disposal, would the company become a
storage facility under RCRA?
storage
commercial
chemical products
Yes. If a material listed in Section
261.33(e) is discarded or intended to be dis-
carded, it is a hazardous waste (see Section
261.33(a)). In this case the absorbed material
is intended to be discarded. If more than
1 kilogram (2.2 pounds) per month of that
hazardous waste is generated, it is subject to
the full set of regulations rather than the
special requirements of Section 261.6. In this
case, the 10-pound leak is assumed to be a
single event or, at a minimum, a leak that oc-
curred at a rate greater than 1 kilogram per
month; thus, Parts 262, 264, 265, and 122 apply.
If the generator of a hazardous waste ac-
cumulates (or holds) the waste for more than 90
days before shipping it off-site, he becomes an
facility standards
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operator of a storage facility (see Section
262.34 (b)), In this case, the generator held
the waste 120 days and, therefore, is the
operator of a storage facility.
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storage
drums
Can drums of nonhazardous wastes be stored
with hazardous wastes?
Yes. There is no restriction on storing
drums of hazardous and nonhazardous waste to-
gether, provided the compatibility requirements
in Section 265.177 are met and the other re-
quirements of the regulations are not violated.
facility standards
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storage
drums
Can drums of hazardous waste be stored in the
open?
Yes. They can be stored in this way if
the requirements of Subpart I of Part 265 are
met. Most pertinent is Section 265.173(b),
which requires that drums of hazardous waste
not be stored in such a manner that they may
rupture or begin to leak.
facility standards
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Would a fenced area be considered an existing
facility?
It would not necessarily be so considered.
According to the definition of "existing facility"
in Section 260.10(a)(20), the facility must be
in operation or have commenced construction on
October 21, 1976. Congress is expected to change
this date to October 30, 1980. On the basis of
this expectation, a fenced area being used for
hazardous waste treatment, storage, or disposal, or
under construction for these purposes on October
30, 1980, would be considered an existing
facility. The mere fact that a facility is fenced
does not qualify it as an existing facility.
storage
existing
facility
facility standards
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storage
impoundments/tanks
Is a concrete-lined excavation for storing lead
sludge (which is a hazardous waste) classified
as a surface impoundment?
Yes. There is a fine distinction between the
definitions of "tank" and "surface impoundment."
o A "tank" is made primarily of man-made
materials that provide the primary
structural support.
o A "surface impoundment" is made primarily
of earth that provides the primary
structural support.
o An impoundment may be lined with concrete,
plastic, or some other man-made material,
but, if the structural support is basically
provided by the earthen materials, it is
a surface impoundment and not a tank.
facility standards
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What do the Interim Status Standards require
of lagoons, steel tanks, and concrete basins
storing hazardous waste?
The regulations define tanks as being
constructed primarily of nonearthen materials
that provide structural support, whereas im-
poundments are constructed primarily of
earthen materials, although they may be lined
with man-made materials. Under this definition,
a concrete basin would probably be a tank,
while a lagoon would be a surface impoundment.
The Interim Status requirements for surface
impoundments are set forth in Subpart K of Part
265; those for tanks are in Subpart J.
storage
lagoons, tanks,
basins
facility standards
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storage
leaking tanks
If an underground storage tank that contains a
hazardous waste develops a leak and contamin-
ates adjacent soil, is the contaminated soil a
hazardous waste?
The regulations do not specifically
address this situation. The Agency intends to
examine this question and issue either a Regu-
latory Interpretation Memorandum or an amend-
ment to the regulations in the near future.
facility standards
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Is the owner or operator of an underground
storage tank containing hazardous wastes a
hazardous waste generator if the tank leaks?
Yes. He should notify EPA under Section
3010 of RCRA as soon as the leak is detected
unless he has already done so.
The leakage constitutes disposal and
requires a RCRA permit. This will probably
require the issuance of an emergency permit
under Section 122.27. The EPA Regional Office
will provide guidance on requirements when
notification is made.
storage
leaking tanks
facility standards
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storage
length, of time
How long can a hazardous waste be stored in
a storage facility?
The RCRA. regulations do not place a time
limit on storage of hazardous waste . They
define storage as holding hazardous waste for a
temporary period after which the waste will be
treated, disposed of, or stored elsewhere. The
temporary period could be days, months, or
years. The owner or operator must plan to re-
move the stored material eventually. This must
be reflected in the closure plan, which must
state when and how the facility will ultimately
be closed and estimate the maximum amount of
waste that will be in storage at any time. In
addition, under the proposed financial require-
ments, the funds for closure must be able to
handle the maximum amount of waste that may be
stored. The closure regulations also require
that stored waste must be treated, disposed of,
or removed from the facility within 90 days of
receiving the final volume of hazardous waste
before closure„
facility standards
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surface impoundments
emergency use
Would a surface impoundment constructed only for
short-term containment during an emergency be
exempt from RCRA regulations?
No. But it could be subject to special
provisions of the regulations. If, during an
unanticipated emergency, a surface impoundment
must be constructed for short-term containment
of hazardous waste until treatment or permanent
disposal of the waste can be carried out, then
the owner or operator must obtain an emergency
permit under Section 122.27. The emergency im-
poundment must be operated and closed in
accordance with RCRA requirements incorporated
in that permit.
facility standards
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surface impoundments
temporary storage
Is a permit required for an impoundment that
normally contains nonhazardous wastes, but a
few times records pH's outside the range of
2 to 12.5?
Two cases must be considered;
o The influent is not normally a hazardous
waste and the impoundment does not
normally contain a hazardous sludge.
Occasionally, however, the pH of the influent
surges, causing the waste or the sludge
to be a hazardous waste. At those times
the impoundment becomes a hazardous
waste facility, and the owner or oper-
ator must have notified under Section
3010 of RCRA and must have submitted
Part A of a permit application under
Part 122, Subpart B, to be able to
operate the facility legally under
Interim Status. During those times,
the owner or operator must comply with
the Interim Status Standards of Part 265.
facility standards
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o The influent is not normally a hazardous
waste, and, through some reaction in the
impoundmentr the pH occasionally surges
to cause the wastes in the impoundment
to become a hazardous waste. At those
times, the impoundment likewise becomes a
hazardous waste facility and the owner
or operator must have acted and act in the
manner described above.
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surveillance system
In order for a facility to meet the regulatory
requirement for a 24-hour surveillance system,
must the facility have guards whose sole
function is to control access to the active
portion of the site?
No. If a facility is operated continuously
so that the active portion is always within view
and control of employees other than guards, then
these employees can be considered to perform
the same function as guards. Enough employees
have to be at the site, however, to minimize the
possibility that an unauthorized person will slip
in unnoticed.
facility standards
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treatment
If an industrial plant generates a waste that
meets one of the characteristics, is not a
small-quantity generator, and treats that
waste on-site so that it no longer meets the
characteristics, is the plant subject to RCRA
regulations?
Yes. The plant is also a treatment
facility, and the owner or operator must comply
with the applicable requirements of the regula-
tions and must notify as both a generator and
a treater of hazardous wastes.
facility standards
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treatment
crushed containers
If a manufacturer crushes glass containers
holding liquid hazardous waste to separate
the glass from the liquid waste for reuse or
recycling, does the crushing constitute
"treatment"?
No. It does not constitute "treatment"
because the crushing process does not change the
physical, chemical, or biological character or
composition of the hazardous waste. The manu-
facturer is, however, a generator of hazardous
waste (the liquid waste that inevitably drains
out of the crushing operation). This question
may have hidden complexities; such a manufacturer
should, therefore, confer with his EPA Regional
Office in order to define better the applicability
of the regulations.
facility standards
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treatment
neutralization
Is the neutralization of an acidic or basic waste
that is a hazardous waste considered treatment
of hazardous waste?
Yes. It is considered treatment of a
hazardous waste because the definition of
"treatment" in RCRA and Section 260.10(a)(73)
includes neutralization.
facility standards
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treatment
sour water
Is a stripper considered a hazardous waste
treatment facility if it strips sour water
containing 1 percent hydrogen sulfide?
If the sour water is a hazardous waste,
then the stripper would be considered a
hazardous waste treatment facility.
facility standards
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Would dewatering hazardous waste solutions to
reduce volume constitute treatment and thus
require a RCRA facility permit?
Yes. The definition of treatment in RCRA
and Section 260.10(a) (73) includes volume re-
duction and changes in the physical character
and composition of a waste. Dewatering typically
reduces the volume of the waste and changes
the physical character of the waste; thus, de-
watering is "treatment."
treatment
volume reduction
facility standards
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volatile wastes
Do the RCRA regulations protect against the
volatilization of hazardous pollutants into
the atmosphere?
Yes. They do to some extent. For example,
restrictions on the placement of ignitable,
reactive, and incompatible waste in surface
impoundments and landfills will control volatili-
zation to some extent. At this time, however,
the regulations do not specifically address
volatilization from hazardous wastes. We are
acutely aware that a problem exists for some
types of wastes, but have encountered difficulties
in developing applicable standards. This
matter is fully discussed in the Preamble to
Part 265 (see 45 Federal Register 33166).
facility standards
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Consolidated Permits:
Facility Permits
Keywords
applications
consolidated permits
duration
Federal override
incineration
Interim Status
issuance
land treatment
landfills
new facilities
on-site lagoons
permitted facilities
phases of regulations
sanitary landfills
-------
applications
information required
Should nonhazardous waste be included on permit
applications?
No.
facility permits
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consolidated permits
How are the RCRA, National Pollutant Discharge
Elimination System, and air pollution permits
related?
NPDES permits control point source dis-
charges from a facility into surface waters.
The air pollution permits control air emissions
from a facility. If a facility also treats,
stores, or disposes of hazardous wastes, a
RCRA permit would be required. Under the con-
solidated permits program, all these permits
can be issued together, minimizing duplicative
or inconsistent permit conditions and improving
use of manpower and resources.
facility permits
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Under the consolidated permit regulations, will
a permit under one program be held up until a
permit under another program is issued?
In general, this would not be the case,
although EPA will have to make this decision on
a case-by-case basis. When the permits can be
issued independently, they will be, and delays
in one will not affect the other. On occasion,
however, some factors may have to be considered
simultaneously in both proceedings, which may
delay issuance of one of the permits.
consolidated permits
delays
facility permits
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duration
Why are RCRA permits limited to 10 years
rather than the full life of the facility?
The hazardous waste program is new. Over
the next few years we expect to change our
technical regulations and to revise previously
issued permits. Furthermore, we think certain
facilities, such as landfills, should be
subjected to comprehensive periodic reviews.
This would be very difficult to do if the term
of the permit were 25 to 30 years. RCRA per-
mits may be issued for terms of less than 10
years, and many will be for the reasons stated.
facility permits
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Federal override
Can EPA override a State that ignores EPA's
comments on a draft permit and issues the
permit unchanged?
Yes. In commenting on a draft permit,
EPA can advise the State and the permit
applicant that a certain condition is necessary
to carry out the requirements of the State's
statute and regulations, which EPA has pre-
viously approved as being equivalent or
substantially equivalent to RCRA. If the State
does not include this condition in the final
permit, EPA may directly enforce that condition
against the permit holder.
facility permits
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incineration
Is a facility permit needed to incinerate, on-
site, liquid solvents that are hazardous wastes?
Yes, A permit is needed unless the solvents
are burned for the legitimate purpose of recovering
energy (see Section 261.6). In this case, a per-
mit is not required for the incinerator, but is
required for any storage of the solvents prior
to burning.
facility permits
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Can changes be made at a facility during
Interim Status? If so, is there public review
of such changes?
Interim Status
changes during
Some changes are allowed if the permit
application is revised. These include:
o changes in the types and quantities of
wastes handled;
o increases in the design capacity of the
facility;
o changes in the methods of handling waste
in order to comply with Federal law or
protect health and safety;
o changes in ownership.
The last three changes require approval
of the EPA Regional Administrator or the State.
Although formal public notice and comment are
not required on these changes, the Regional
Administrator may solicit such comment. In
addition, the revised application and the
Regional Administrator's approval are available
to the public, subject to constraints under
the Freedom of Information Act and possibly
Section 3007 of RCRA.
facility permits
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Interim Status
existing facilities
What is an "existing facility" that is eligible
for Interim Status?
RCRA defines an existing facility as one
in existence prior to October 21, JL976. We
have interpreted this to mean facilities that are
in operation or have started construction as of
that date.
The House and Senate Committees have
proposed changing that date to October 30, 1980.
We strongly support such a change so that
facilities built after October 21, 1976, do
not have to close until they get a permit. If
Congress acts, we will modify our regulations
as soon as practicable.
facility permits
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Interim Status
existing facilities
What is the status of a hazardous waste
facility that was in existence before RCRA
was enacted in 1976, but later moved to a new
site?
Under RCRA, as it now stands, the facility
at the new site would not be eligible for Interim
Status. If, however, the facility is in exist-
ence (as defined by RCRA) at the new site by the
amended "in existence" date (expected to be
October 30, 1980), has notified EPA by August
18, 1980, and has applied for a permit for the
new site by November 19, 1980, it would qualify
for Interim Status. The old site would be an
"inactive facility" if it ceased operations
prior to the effective date of the regulations
(November 19, 1980).
facility permits
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Interim Status
termination
Can EPA take Interim Status away from a
facility?
EPA can terminate Interim Status only by
issuing or denying a permit. The statute CRCRA)
grants Interim Status if the following conditions
are met:
o The facility was in existence on October
21, 1976 (or October 30, 1980, if
Congress changes the date as expected).
o The owner or operator notifies EPA
within 90 days of the publication of
the regulation under RCRA, Section 3001.
o The owner or operator files a permit
application within 6 months of publica-
tion of the regulations.
If these conditions are not met, the owner
and operator will not have Interim Status. If
these conditions are met, the owner and operator
are granted Interim Status, which continues until
a permit is issued or denied (a permit can be denied
under Section 122.22 (a) C3) for failure to submit
facility permits
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Part B of the permit application or to furnish
full information required by Part B). A facility
owner or operator may be prosecuted for violating
Interim Status Standards without affecting
Interim Status—that is, the facility may
continue to operate until a final decision on
the permit is made.
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issuance
priorities
What are EPA's priorities for issuing permits?
As a first priority, we will move against
the facilities that pose the greatest threats
to public health and the environment. Second,
we will give high priority to permit applications
for new and improved facilities to increase
capacity, compensate for any losses in capacity
caused by the closing of inadequate facilities,
and increase the amount of waste going to good
facilities. Third, we will give priority to
existing wastewater treatment facilities whose
permits under the National Pollutant Discharge
Elimination System are due to be reissued in
1981 and 1982, so that action on their RCRA
and NPDES permits can be consolidated.
facility permits
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issuance
timing
all permits
How long will it take EPA and the States to issue
all permits?
We estimate that there are nearly 30,000
existing facilities that must be permitted by
EPA or the States. An unknown number of
new facilities will also require permits. It
will probably take 5 to 8 years to issue RCRA
permits to all existing facilities.
facility permits
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issuance
timincf
individual permits
When will EPA begin to issue permits for
hazardous waste management facilities?
The technical regulations on which the
Federal permits will be based will be published
in fall 1980 and go into effect 6 months later.
At that time (spring 1981), we should receive
the first Part B permit applications and start to
process them. Processing an application and
holding a public hearing,if necessary, may
take 6 months or longer. The first EPA
permits should be issued, therefore, in fall
1981.
facility permits
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issuance
violations during
process.
Will the owner or operator of an existing
hazardous waste facility be in violation of the
RCRA regulations if it continues to operate
while EPA is processing a permit application?
The owner or operator of an existing
facility will not be in violation of the regu-
lations if he has submitted his notification
and Part A permit application on time, is com-
plying with the Interim Status Standards, and
has submitted his Part B permit application when
requested by EPA.
facility permits
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land treatment
sludge
Will areas used for land treatment of sludge
require a permit, and will each noncontiguous
area require a separate permit?
A permit is required only if the sludge
is a hazardous waste. One permit can be used
to cover noncontiguous areas within a single
"facility." If, for example, there is a fence
around the entire facility, and there are two
or three separate, noncontiguous areas within
that fence, then only one permit is required.
If, on the other hand, the noncontiguous
areas are distinctly separated (such as by
public rights-of-way), then each area will
require a separate permit.
facility permits
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landfills
Does a landfill have to file for Interim
Status if it receives hazardous waste only
from small-quantity generators?
If the hazardous waste received by the land-
fill comes only from small-quantity generators,
as defined in Section 261.5, the landfill is not
subject to the RCRA,Subtitle C,regulations. The
landfill must, however, be permitted, licensed, or
registered by a State to manage municipal or
industrial solid waste. These conditions apply to
both on-site and off-site landfills. A land-
fill that receives hazardous waste from persons
who are not small-quantity generators is sub-
ject to the RCRA. regulations.
facility permits
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new facilities
Why does EPA require a new facility to have
a permit prior to starting construction?
Our permits will dictate design, location,
and construction requirements for new facilities,
The only practical way of influencing the proper
design, location, and construction of a new
facility is to do so before construction begins.
Otherwise, the applicant might be faced with
the unfortunate situation of either being denied
a permit or having to carry out costly retrofits,
facility permits
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on-site lagoons
Must existing on-site sludge-drying lagoons that
store sludge prior to shipment off-site obtain
a permit and meet all requirements of the regu-
lations if the sludge is a listed hazardous
waste?
Yes. The owner and operator of such lagoons
must notify EPA, apply for a permit, meet all of
the requirements given in Part 265 for surface
impoundments during Interim Status, and then
meet the conditions of the permit when it is
issued.
facility permits
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permitted facilities
list
Where can a list of licensed or regulated
facilities in various States be obtained?
We expect to develop a national list of
hazardous waste treatment, storage, and dis-
posal facilities that have qualified for Interim
Status by submitting a notification and a Part A
permit application. This list will not connote
federally approved or, necessarily, State
approved facilities. The facilities are simply
those that can continue to handle hazardous
wastes under Interim Status, as allowed by the
statute, until EPA or the State issues or de-
nies a permit.
We also plan to maintain a computer bank
of information on the location of all permitted
facilities, the kinds of services provided, and
the types of waste they are permitted to accept.
The generator can, in the meantime, consult the
nearest EPA Regional Office or State agencies
for information on approved or authorized
hazardous waste management facilities0
facility permits
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phases of regulations
What requirements for RCRA permits will be
covered in the regulations coming out in
fall 1980?
The regulations coming out in fall 1980
will include additional facility standards in
Part 264, which will be used in drafting permits,,
Although most of the procedural requirements
were promulgated on May 19, 1980, a few additional
procedural requirements will also be issued in the
fall in Part 264.
facility permits
-------
sanitary landfills
Will a sanitary landfill require a permit if
it receives such items as small pesticide
containers and paint cans from households?
A sanitary landfill that receives house-
hold wastes (see definition in Section 261.4(b)(l))
and only those hazardous wastes generated by
small-quantity generators (see Section 261.5)
will not be considered a hazardous waste dis-
posal facility and will not require a RCRA
permit.
facility permits
-------
Consolidated Permits:
State Programs
Keywords
authorization
Cooperative Arrangement
costs
enforcement
EPA role
Federal assistance
Federal funding
Federal requirements
Federal/State requirements
incentives
listed wastes
local ordinances
manifest system
notification
public participation
-------
authorization
How will EPA authorize State hazardous waste
programs?
EPA will grant two types of authorization;
final and interim authorization.
o For final authorization, the State
program must be consistent with the
Federal program and other State programs,
equivalent to the Federal program, and
provide adequate enforcement.
States may apply for final authorization after
promulgation of EPA's Phase II regulations
(scheduled for fall 1980). Final authorization
is for an indefinite period; it can, however,
be withdrawn by EPA for cause.
Because the requirements for final authori-
zation are fairly stringent, we think that most
States will have to modify their existing
legislation, regulations, and operations to
qualify.
o For interim authorization, a State
program must be substantially equiva- State programs
lent to the Federal program. RCRA,
-------
Section 3006, specifies a 2-year
interim authorization period. This is
a more flexible authorization that
will allow many States to participate
while developing programs capable of
receiving final authorization.
-------
How long will it take EPA to review a State's
application for authorization of its program?
The regulations (Part 123, Subpart F)
allow EPA 120 days to act on a complete appli-
cation for interim authorization, but EPA
hopes to be able to review applications within
60 days after submission. For final authoriza-
tion, RCRA requires EPA to act on a State's
complete application within 180 days of receipt.
authori zation
EpA review period
State programs
-------
authorization
final
Is EPA requiring that States adopt the Depart-
ment of Transportation regulations C49 Code of
Federal Regulations 100 to 199) in order to
receive final authorization for their hazardous
waste programs?
For final authorization, the States need
not specifically adopt these regulations, but
must have requirements equivalent to and con-
sistent with 49 Code of Federal Regulations
172, 173, 178, and 179.
State programs
-------
authorization
final
Will EPA grant final authorization to a State
program that bans the importation of hazardous
waste?
No. Any aspect of a State program that
unreasonably restricts, impedes, or bans the
movement of hazardous waste across State
borders from point of generation to a storage,
treatment, or disposal facility with an
appropriate permit would be inconsistent with
the Federal program. EPA would not grant final
authorization to a hazardous waste program in
such a State.
State programs
-------
authorization
interim
States qualifying
How many States does EPA estimate will receive
interim authorization and which ones?
At the beginning of 1980, 40 States had
legislation that included at least partial
authority to control hazardous waste. Many
of these States are upgrading their legislative
authority in order to qualify for authorization,
We estimate that about half of the States
could qualify for interim authorization during
Fiscal 1981. Others could qualify after that
date, if they make certain changes in their
programs.
We do not have an accurate estimate of
which States will apply, when they will apply,
and which will actually qualify.
State programs
-------
When can States apply for and receive interim
authori zation?
States may apply for Phase I interim
authorization at any time between promulgation
of the Phase I regulations (May 19, 1980) and
the effective date of the Phase II regulations
(spring 1981). States may receive interim
authorization for the Phase I regulations after
they become effective (November 19, 1980).
States with Phase I interim authorization
must apply for interim authorization for Phase II
within 1 year after the Phase II regulations are
promulgated. Consequently, the 2-year interim
authorization period, as specified in Section
3006 of RCRA, will commence 6 months after the
date of promulgation of Phase II.
authorization
interim
timing
State programs
-------
authorization
partial
Must a State apply to EPA for authorization of
its program? Can it apply for authorization
for only a part of the program?
States are not mandated by RCRA to apply
for authorization. EPA encourages them to
apply for authorization, however, to avoid the
need for EPA to operate the Federal program
in the State, to avoid having both a Federal
and a State program operated in the State, and
to encourage States to assume primary re-
sponsibility for the regulation of hazardous
waste .
States may apply for and obtain partial
interim authorization—authorization that does
not cover regulation of generators or trans-
porters or a manifest system. They may not
obtain partial final authorization.
State programs
-------
What happens if a State program is not author-
ized by November 19, 1980?
EPA must administer the Federal program
in that State. In these cases, we will, however,
attempt to establish a Cooperative Arrangement
with the State, whereby the State could administer
certain parts of the Federal program for EPA.
Such a Cooperative Arrangement would make more
effective use of Federal and State resources
and avoid overlapping and duplicative Federal
and State efforts. Under a Cooperative
Arrangement, EPA retains final responsibility
for enforcing the Federal program.
Cooperative
Arrangement
State programs
-------
costs
Who will bear the cost of enforcement in States
with authorized programs?
The cost of implementing authorized
State programs—including enforcement, sur-
veillance, permitting, and research—will be
borne by the States themselves, with Federal
grant aid from EPA.
State programs
-------
enforcement
penalties
To receive authorization for its program, must
a State have hazardous waste enforcement
penalties as stringent as those of EPA?
No. In general, however, to receive final
or interim authorization, States must have
available the same array of enforcement tools
as EPA. They must also have the authority
to assess penalties of at least the amounts
specified in the Federal regulations. The
penalties actually assessed in an enforcement
action are expected to vary and may be higher
or lower than the minimum levels the States
must be able to assess per day. The minimum
levels are:
o interim authorization—$1,000 per day
civil or criminal;
o final authorization—$10,000 per day
civil and criminal and 6 months im-
prisonment.
State programs
-------
EPA role
authorized programs
How will EPA oversee State programs?
EPA will automatically receive all draft
State permits or permit applications for major
facilities (approximately 10 percent of the
facilities) and may also receive draft State
permits or permit applications for selected
nonmajor facilities. We will review these
documents and point out major deficiencies
before the State issues a permit.
We will receive from the State noncompliance
reports and annual summary reports describing
the overall program status.
We will periodically conduct program
reviews and audits and can take enforcement
action for violations of program requirements,
including a State's nonadherence to comments
from EPA on a draft permit.
State programs
-------
When State programs are authorized, does EPA
cease to be involved in annual reporting,
permitting, and enforcement requirements?
EPA role
authorized programs
EPA's role is not completely eliminated,
even though the primary responsibility for the
program remains with the State. The regulated
community would report to the State in
accordance with State requirements. The State,
in turn, would report annually to EPA, and
more frequently in certain other instances
(noncompliance, for example).
In general, the State v;ould administer the
State's standards. Although EPA will review
and comment on some draft permits and permit
applications, the State will be the permitting
authority.
Section 3008 of RCRA allows EPA to enforce
any standard, including standards of authorized
States. Thus, under certain circumstances (such
as when the State fails to take action), EPA may
directly enforce such standards.
State programs
-------
Federal assistance
Has EPA been working with the States to help
identify hazardous waste storage, treatment,
and disposal facilities that may pose
potential environmental or public health
problems?
Yes. EPA has established a special
Hazardous Waste Site Enforcement Task Force
to identify and investigate potential hazardous
waste sites. States are being encouraged to
use the data management information system
developed by this task force. The public should
not, however, interpret the identification of
a possible hazardous waste site or incident as
meaning that illegal activities are occurring
or that an actual health or environmental threat
exists.
The Department of Justice created a new
Hazardous Waste Section with approximately 13
attorneys plus support staff. These attorneys
are working closely with EPA's task force.
Recently these efforts have been supple-
State programs mented by contracts establishing Field
-------
Investigation Teams, which will supply 18Q
man-years of support for the EPA Regional
Offices in conducting investigations of
uncontrolled sites.
-------
Federal funding
adequacy
Will Federal funding be adequate to help the
States develop their hazardous waste programs?
We provided $15 million in grants to the
States for hazardous waste management in Fiscal
1979 and $18.6 million in Fiscal 1980. The
President's budget for Fiscal 1981 increases this
to $30 million. We believe that annual funding
at these levels is sufficient to help the States/
recognizing that the Federal Government does
not intend to fund completely the States' pro-
grams. Special provisions in grant regulations,
however, do allow up to 100 percent Federal
funding of developmental activities.
EPA is encouraging States to augment their
staffs by using the Intergovernmental Personnel
Act (which allows EPA to loan current EPA
employees to States) and by using State assignee
positions (by which EPA hires personnel and
assigns them for a specific term to States at
no direct cost to the States).
State programs
-------
Federal funding
allocations
On what basis will EPA allocate Federal funds
to State programs?
Quantities of hazardous wastes disposed
of in the State, numbers of generators,
population, and land area are the principal
factors used in a formula to allot Federal
funds to States. Details of funding allotments
can be found in 43 Federal Register 186, Section
35.706-2 (September 25, 1978).
State programs
-------
Federal funding
enforcement
Will EPA provide funds to States' attorneys
general to support enforcement regulations?
At present, EPA cannot provide funds
directly to States' attorneys general. We
will give grants to the States, and they,
in turn, will decide how much will be allotted
to their attorneys general.
State programs
-------
Federal
requirements
Can an authorized State program be more
stringent than the Federal program?
For interim authorization, it can be. For
final authorization, it also can be, but with a
few exceptions:
o The State manifest system must be con-
sistent with the Federal manifest system
so that interstate shipments can be
tracked.
o The State cannot arbitrarily prohibit the
siting of hazardous waste facilities
within its borders.
o The State cannot prohibit the entrance
of hazardous waste if it is destined for
a designated facility with an appropriate
RCRA permit.
State programs that are less stringent
that the Federal program will not qualify for
final authorization; for interim authorization,
State programs must be "substantially equivalent"
to the Federal program. State programs
-------
Federal/State
requirements
What are the obligations of handlers of
hazardous waste in cases where an authorized
State program differs from the Federal
program?
When RCRA regulations take effect and prior
to authorization of a State program, handlers
will have to comply with both the State and
Federal programs. After authorization, hand-
lers need only comply with State programs.
State programs
-------
Federal/State
requirements
Will the regulated community have to answer
to both EPA and State governments?
EPA expects to authorize many, if not most,
State programs to operate in lieu of the Federal
program. In that event, EPA's role will be
primarily one of overseeing the State program,
and industry will deal primarily with the State.
In a few instances, EPA may be responsible for
the operation of the manifest (tracking) system
for a short period until the end of interim
authorization. If a State has no hazardous
waste program, industry will deal only with
EPA. If, however, the State does have a
program, but it is not authorized by EPA,
industry will be required to deal with both
the State and EPA.
State programs
-------
incentives
What incentives do States have to develop their
own hazardous waste programs?
The States have a central interest in
protecting the public health and environment
of their citizens. Furthermore, adequate hazardous
waste management services are essential to economic
development in a State. A State also has an
interest in avoiding a situation where the
industries within its boundaries have to comply
with both Federal and State requirements.
State programs
-------
listed wastes
Are States required to list generic hazardous
wastes from industries that do not exist
within the State during interim authorization?
If a waste is not generated, treated,
stored, or disposed of within a State, its
regulations need not cover that waste for the
State to receive interim authorization.
For final authorization, however, the
State program must regulate the same universe
of waste as the Federal program, even if some
wastes have not historically been generated,
treated, stored, or disposed of in that State.
State programs
-------
listed wastes
May a State list more wastes than those listed
by EPA?
Yes. While an authorized State program
must be equivalent to EPA's, it may be more
stringent or comprehensive.
State programs
-------
local ordinances
siting bans
What happens if a county or town passes a local
ordinance that bans the siting of a hazardous
waste facility within its boundaries?
States are addressing this problem in
different ways. Some, for example, are
invalidating local ordinances passed after
particular dates. EPA believes that, in
general, local zoning ordinances are matters
of local and State, not Federal, concern.
Final authorization may be denied, however, if
some aspects of a State's law or a State's
program act as a ban on facilities in the
State for reasons not sufficiently based on
protection of human health or the environment.
State programs
-------
manifest system
multiple requirements
Will handlers of hazardous waste who are
already subject to one or more State manifest
systems be required to comply with EPA's
manifest system?
In States authorized by EPA, handlers
of hazardous waste need only comply with the
State's manifest system, which will be com-
patible with EPA's system. In States not
authorized by EPA, a generator may have to
comply with both the State's and EPA's
manifest systems.
State programs
-------
Can a State with final authorization develop
a manifest form that goes beyond the EPA/
Department of Transportation requirements?
DOT has the authority to preempt State
requirements that are inconsistent with its
transportation regulations. Thus, while some
modifications of the EPA/DOT format may be
allowed, DOT can preempt significant changes.
manifest system
State forms
State programs
-------
manifest system
State requirements
Can an authorized State require copies of a
manifest for its records?
In EPA's basic system, the manifest goes
from generator, to transporter, to facility, and
back to generator. A State can add on to that
system by requesting that it receive copies
of every manifest. In cases of interstate
shipments, the receiving State can also request
copies of the manifest.
State programs
-------
manifest system
State requirements
Must a State with final authorization use the
Federal manifest form?
First, there is no specified Federal
manifest form; there is only a format requiring
specific information. Second, there is a
difference, in terms of what a State must or
may do for final authorization, between the
information on the manifest and the way the
manifest moves through the system. Certain
things can be done; others cannot. For example,
the Department of Transportation may preempt
a State regulation that requires a transporter
to carry more information than DOT regulations
require. A State can, however, still require
a generator to provide a facility with infor-
mation through means other than the manifest.
A State could also prohibit disposal facilities
from accepting wastes until they have that
additional information, and the transporter
might carry other papers as part of a contract
between him and a generator or facility. A State
. . . State programs
cannot override minimum DOT requirements con-
cerning when a manifest must be carried.
-------
notification
Once a State program is authorized by EPA,
will generators have to notify the EPA
Regions?
The initial notification will be to EPA
Regional Offices because no States are yet
authorized. Once a State has authorization,
however, any new transporters, generators,
or owners and operators of hazardous waste
facilities will notify the State.
State programs
-------
What can the public do to ensure that hazardous
waste facilities comply with the regulations
in an authorized State?
public participation
facility operation
An approved State program must provide
for public participation in the permit-issuing
process, in the reporting of violations, and
in court enforcement actions (see Sections
123.9 (d) and 123.128(f) (2)). Section 7004
of RCRA authorizes EPA to develop regulations
regarding public participation in programs
receiving RCRA funds. Under these regulations,
published in the Federal Register (40 Code of
Federal Regulations 25, January 16, 1979),
citizens can participate in these processes
and become informed about the facilities in
their State or locality.
If citizens believe that RCRA regulations
are being violated and that the State or EPA
is not adequately enforcing the regulations,
they have the right to bring "citizen suits,"
under Section 7002 of RCRA.
State programs
-------
Finally, Waste Alert!—a public information
program funded by EPA and operated by a
coalition of public interest groups—offers
citizens the opportunity to participate in
a range of problems concerning hazardous
waste.
-------
public participation
permits
How will the public be involved in the permitting
process?
Before issuing a permit, EPA or an
authorized State must issue a public notice
identifying the applicant and the facility
and telling where copies of the draft permit
and other related information may be obtained.
The notice must be circulated in local news-
papers for major permits and mailed to various
agencies and parties expressing interest. Public
comment in writing will be accepted for at
least 30 days after this notice is issued.
A public hearing will be held whenever
there is a significant degree of public
interest. Written and oral comments may be
submitted. At the time he issues a final
permit, the EPA Regional Administrator or
the State Program Director must respond to
all significant public comments.
State programs
-------
public participation
Sta.te application
Will the public be able to review and to
comment to EPA on the State's application for
authorization of its hazardous waste program?
Yes. Public notice of the State's appli-
cation will be issued. State applications
will be available for inspection and copying
in the appropriate EPA Regional Office and the
main office of the State agency. There will be
an opportunity for a public hearing, and public
comments can be filed for at least 30 days.
EPA will respond in writing to all significant
comments received.
State programs
-------
Enforcement
Keywords
authorized States
closure of facility
compliance
dumping
generators
inspections
legal responsibilities
penalties
staffs
transporters
-------
Can EPA enforce the RCRA regulations if an
authorized State refuses to act when an
active hazardous waste facility is violating
the regulations?
authorized States
Federal
intervention
Yes. EPA has several options. It can;
o revoke the State permit or take other
enforcement action against a State
permittee, if the permittee is not com-
plying with the terms of the permit;
o revoke the State permit or take other
action against a State permittee not
complying with a condition pointed out
as necessary by EPA in its comments
on a draft permit;
o take action under the imminent hazard
authority (Section 7003);
o take enforcement action under Section
3008 for noncompliance with any pro-
gram requirements;
o in appropriate cases withdraw the
State program authorized under Section
3006 (e) and administer the Federal
program in that State.
enforcement
-------
closure of facility
How long will it take to close an unsuitable
facility under RCRA?
EPA can use one or more of several methods
to close a facility:
o Administrative procedures where a permit
has been issued, EPA's experience with
other permit programs has shown that re-
voking a permit, assuming that the permittee
used all the legal means available to him,
can take up to 5 years.
o Permit denial where a permit application
is pending. Denial of a permit can take up
to 12 months after the receipt of Part B of the
application. Under RCRA, once the Agency
has taken final action on the permit appli-
cation, Interim Status ends. If final
action is denial of a permit, the facility
must shut down (or operate without a
permit and be subject to criminal penalties)
unless EPA's decision is stayed by a
enforcement court.
-------
o Enforcement action, A facility can some-
times be closed or required to provide
other remedies more quickly under the
imminent hazard provision CSection 7003)
if the government can demonstrate that
the facility is creating an imminent and
substantial endangerment to human health.
or the environment.
-------
compliance
Interim Status
If EPA determines that a facility with Interim
Status is not complying with the regulations,
will it be immediately closed?
No. We will take an enforcement action to
order the facility to comply with the requirements
and, if appropriate, to assess penalties. We can
also expedite the processing of a permit, which
could result in denial of a permit. If there
appears to be an imminent and substantial en-
dangerment to human health or the environment,
we can go to court (under Section 7003 of RCRA)
to seek an injunction to close the facility.
enforcement
-------
compliance
30-day requirement
Why must the government give a violator of the
RCRA regulations 30 days in which to comply
with them?
The 30-day period is required by Section
3008(a) of RCRA. Amendments to RCRA now
pending before Congress call for deletion of
the 30-day period.
enforcement
-------
dumping
illegal
What can EPA do to stop illegal dumping of
hazardous waste?
The key to stopping illegal dumping of
hazardous waste is the "cradle-to-grave" control—
which includes the manifest system requiring
a generator to identify an authorized hazardous
waste management facility and to assure that the
facility receives the waste—coupled with en-
forcement.
enforcement
-------
Can generators be held responsible, in the
legal sense, for damages resulting after haz-
ardous waste leaves their control?
Generators may be liable for damages
caused by hazardous wastes that have left
their physical control. Such liability may
be imposed by application of negligence,
strict liability, contract law, or other legal
theories. Because of the varied application
of these doctrines to particular situations,
liability may confidently be determined only
on a case-by-case basis.
generators
liability
enforcement
-------
generators
monitoring
How will generators of hazardous waste be
monitored?
EPA plans to monitor the compliance of
hazardous waste generators in two ways:
o on-site inspections of generators;
o in-depth review of reports submitted by
generators, transporters, and treatment,
storage, and disposal facilities.
The activities of generators will be closely
monitored during the early years of the RCRA
program. As the "key" to the cradle-to-grave
control system, they must comply in order for that
system to be maintained.
enforcement
-------
inspections
Do the RCRA regulations provide for routine
Federal and State inspections of facilities
that handle hazardous waste?
Yes. Section 122.7Ci) enables the routine
inspections authorized by Section 3007 (a) of
RCRA. In addition, under Section 123.8(b)(2)
and Section 123.128(9) (2) (ii), States are
required to have a program for periodic in-
spection of facilities and activities subject
to regulation.
enforcement
-------
legal responsibilities
consulting firm
If a company retains a consulting firm to
assist it in meeting its responsibilities under
RCRA, who signs the official documents, and
who is responsible for complying with the
hazardous waste regulations?
The company itself is responsible for both
signing official documents and complying with
the regulations.
enforcement
-------
penalties
What kinds of penalties can be meted out to
violators of the RCRA regulations?
Failure to comply with the requirements
of a compliance order issued to a violator subjects
the violator to a civil penalty of not more than
$25,000 for each day of continued noncompliance
and/or suspension or revocation of a permit.
Any person who knowingly commits any of
the following acts will, upon conviction, be
subject to a fine of not more than $25,000 for
each day of violations, imprisonment not to
exceed 1 year, or both:
o transports hazardous waste identified in
these regulations to a facility with-
out a permit;
o treats, stores, or disposes of hazardous
waste without a permit; or
o makes any false statement or represen-
tation in any application, label, mani-
fest, record, report, permit, or other
document filed, maintained, or used for
enforcement
-------
the purposes of compliance with these
regulations.
For repeat violations, these penalties may
be doubled. Penalties in authorized States will
be for the same causes, but the amounts can vary.
-------
staffs
Does EPA intend to increase its enforcement
staff and encourage the States to augment
their enforcement resources?
Yes. EPA has tripled its enforcement
staff between Fiscal 1979 and Fiscal 1981 and
expects to increase it substantially in
Fiscal 1982. State programs will not be
authorized unless they contain an adequate
enforcement program.
enforcement
-------
transporters
How will the regulations for transporters be
enforced?
EPA has negotiated a Memorandum of Under-
standing with the Department of Transportation
to coordinate enforcement of the transportation
regulations, DOT will conduct compliance
monitoring and enforcement for in-transit
activities. Although DOT has assumed primary
responsibility in this area, EPA retains enforce-
ment authority.
enforcement
-------
Notification
Keywords
confidentiality
facilities
forms
generators
identification numbers
information to States
timetable
transporters
who notifies
-------
confidentiality
Is all information in the notification form
available to the public, or can a generator
request confidentiality on, for example, a
portion of the waste stream?
All information that EPA receives from
notification will be made available to the
public. Notifiers may request, however, that
the information they submit be kept confidential,
EPA will consider such requests only if the
notifier submits a written substantiation
of his claim with the notification. A
written substantiation does not guarantee that
EPA will ultimately determine that the infor-
mation submitted warrants confidential treat-
ment.
notification
-------
facilities
multiple
May large corporations with several facilities
notify for all facilities in a single notification?
No. A separate notification must be sub-
mitted for each facility that is subject to the
regulations.
notification
-------
Where can notification forms be obtained?
forms
availability
Multiple copies of notification forms can
be obtained by writing to Ed Cox, Solid Waste
Information, USEPA, 26 West Saint Clair Street,
Cincinnati, OH 45268 or calling him at (513)
684-5362.
Single copies of the forms and related
information are available in the Regions from
the following people;
Rich Cavagnero
EPA Region I
(617) 223-0240
Connecticut, Maine, Massachusetts, Rhode
Island, Vermont, New Hampshire
Harry Ruisi
EPA Region II
(212) 264-0503
New Jersey, New York, Virgin Islands,
Puerto Rico
Shirley Bulkin
EPA Region III
(215) 597-8751
Delaware, District of Columbia, Maryland,
Pennsylvania, Virginia, West Virginia
Ray Cozart
EPA Region IV
(404) 881-3446
Alabama, Florida, Georgia, Kentucky,
Mississippi, North Carolina, South
Carolina, Tennessee
notification
-------
Y. J. Kim
EPA Region V
(800) 572-3176 (IL)
(800) 621-3192 (IN, MI, MN, OH, WI)
Illinois, Indiana, Michigan, Minnesota,
Ohio, Wisconsin
Fred Woods
EPA Region VI
(214) 767-2765
Arkansas,Louisiana, New Mexico, Oklahoma,
Texas
Dennis Degner
EPA Region VII
(800) 892-3837 (MO)
(800) 821-3714 (IA, KS, NE)
Iowa, Kansas, Missouri, Nebraska
Jim Rakers
EPA Region VIII
(303) 837-2221
(800) 332-3321 (CO)
(800) 525-3022 (MT, ND, SD, UT, WY)
Colorado, Montana, North Dakota, South
Dakota, Utah, Wyoming
Bill Wilson
EPA Region IX
(415) 556-1407
Arizona, California, Hawaii, Nevada, Guam,
American Samoa, Commonwealth of the Northern
Marianas
Betty Wiese
EPA Region X
(206) 442-1260
(800) 542-0841 (WA)
(800) 426-0663 (AL, ID, OR)
Alaska, Idaho, Oregon, Washington
-------
forms
number per site
Must a research facility and a plant on the same
site each submit a notification?
No. A single notification covering both
may be submitted.
notification
-------
generators
Must a generator notify EPA if he is not sure
that the wastes are hazardous, does not have
time to test, and does not have enough infor-
mation to make the determination based upon
knowledge of materials and processes?
A generator of hazardous waste who is not
a small-quantity generator must notify EPA of
his activity by August 18, 1980 (or within 90
days after promulgation of a revision of Part 261)
Testing is not required for the purpose of
notification; the generator can rely on his
knowledge of the process and materials involved
in his operation. A generator who chooses not
to notify because of some degree of uncertainty
and then is later found to be generating haz-
ardous waste may, however, be subject to civil
penalties and fines under Section 3008 of RCRA.
notification
-------
identification
numbers
Would a generator who also transports or
stores hazardous waste have a single identi-
fication number for all RCRA transactions?
Yes. If the generator also stores on-
site and transports his own hazardous waste,
he receives and should use only one EPA identi-
fication number.
notification
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information to
States
Will EPA turn over the notification informa-
tion to the States before State programs are
authorized?
Unless that information is determined to
be confidential, it is available to the States
and to the general public by virtue of the
Freedom of Information Act. The States do not
have to wait until they are authorized to get
that public information.
notification
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timetable
When must generators, transporters, and owners
and operators of hazardous waste facilities
notify EPA?
Anyone who generates or manages a hazardous
waste listed or identified in the regulations
promulgated on May 19, 1980, must file a noti-
fication by August 18, 1980. New generators or
transporters or owners and operators of new
hazardous waste facilities must file a notifica-
tion before they begin operations. Those
persons who generate or manage a hazardous waste
identified or listed by an amendment to Part 261
must notify EPA within 90 days after promulgation
of the amendment.
notification
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transporters
Is it necessary for a large transportation
company with many terminals to notify EPA and
obtain an identification number for each
terminal?
No. Such a transporter would have to
submit only one notification and obtain only
one identification number for its transportation
activities and many terminals.
notification
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who notifies
Who must notify?
All persons who generate or transport
hazardous waste or who own or operate a
facility for treating, storing, or disposing of
hazardous waste must notify EPA of their
activity, unless they fall under an exemption
(see Section 261.5 and 261.6). Anyone failing
to notify may be subject to civil and criminal
penalties.
T> U.S. GOVERNMENT PRINTING OFFICE: 1980 O— 311-726'3917 ttO ti f i.C31 lOn
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