e.V
c/EPA
United States
Environmental Protection
Agency
401 M St., S.W
Washington, D.C 20460
January 1979
905R79108
Solid Waste
Subtitle C, Resource Conservation
and Recovery Act of 1976
Draft Environmental Impact
Statement
Appendices
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DRAFT
ENVIRONMENTAL IMPACT STATEMENT
FOR
SUBTITLE C, RESOURCE CONSERVATION
AND RECOVERY ACT OF 1976 (RCRA)
APPENDICES
PREPARED BY
OFFICE OF SOLID WASTE
U.S. ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
STEFFEN W. PLEHN
DEPUTY ASSISTANT ADMINISTRATOR
FOR SOLID WASTE
JANUARY 1979
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TABLE OF CONTENTS
Page
LIST OF ILLUSTRATIONS xvi
LIST OF TABLES xvii
CONTENTS OF VOLUME 1
S.O SUMMARY S-l
S.I Introduction S-l
S.2 Description of the Proposed Action S-l
S.2.1 Identification and Listing of Hazardous
Waste (Section 3001) S-2
S.2.2 Standards Applicable to Generators of
Hazardous Waste (Section 3002) S-2
S.2.3 Standards Applicable to Transporters of
Hazardous Wastes (Section 3003) S-3
S.2.4 Standards Applicable to Owners and Operators
of Hazardous Waste Treatment, Storage, and
Disposal Facilities (Section 3004) S-4
S.2.5 Permits for Treatment, Storage, or Disposal
of Hazardous Waste (Section 3005) S-5
S.2.6 Authorized State Hazardous Waste Programs
(Section 3006) S-6
S.2.7 Preliminary Notification of Hazardous Waste
Activities (Section 3010) S-7
S.3 Description of the Reasonable Alternatives S-7
S.3.1 No Action S-8
S.3.2 Phasing of Generators . S-9
S.3.3 Enhanced Public Health and Environmental
Protection S-9
S.3.4 Lesser Degree of Public Health and
Environmental Protection S-10
S.4 Impacts of the Proposed Regulations S-ll
S.4.1 Potential Primary Impacts S-13
S.4.2 Potential Secondary Impacts S-30
S.5 Impacts of the Alternatives S-39
iii
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TABLE OF CONTENTS (Continued)
S.5.1 No Action Alternative S-39
S.5.2 Phasing of Generators Alternative S-40
S.5.3 Enhancing Public Health and Environmental
Protection Alternative S-43
S.5.4 Lesser Degree of Public Health and
Environmental Protection Alternative S-53
1.0 INTRODUCTION 1-1
2.0 LEGISLATIVE BACKGROUND 2-1
2.1 Federal Legislation Leading to RCRA 2-1
2.2 RCRA and Subtitle C 2-4
2.2.1 Definitions Relevant to Subtitle C 2-6
2.2.2 Section 3001 of Subtitle C 2-8
2.2.3 Section 3002 of Subtitle C 2-8
2.2.4 Section 3003 of Subtitle C 2-9
2.2.5 Section 3004 of Subtitle C 2-9
2.2.6 Section 3005 of Subtitle C 2-10
2.2.7 Section 3006 of Subtitle C 2-11
2.2.8 Section 3007 of Subtitle C 2-11
2.2.9 Section 3008 of Subtitle C 2-12
2.2.10 Section 3009 of Subtitle C 2-12
2.2.11 Section 3010 of Subtitle C 2-13
2.2.12 Section 3011 of Subtitle C 2-13
2.3 Related Federal Legislation 2-13
2.4 The Status of State Solid Waste and Hazardous
Waste Legislation 2-18
2.4.1 The Status of State Regulatory Criteria Applicable
to Generators of Hazardous Waste 2-30
2.4.2 The Status of State Regulatory Criteria Applicable
to Transporters of Hazardous Waste 2-31
2.4.3 The Status of State Regulatory Criteria Applicable
to Off-site Treaters of Hazardous Waste 2-32
2.4.4 The Status of State Regulatory Criteria Applicable
to Off-site Storers of Hazardous Waste 2-33
2.4.5 The Status of State Regulatory Criteria Applicable
to Off-site Disposers of Hazardous Waste 2-34
2.4.6 The Status of State Hazardous Waste Definition,
Monitoring, and Enforcement 2-35
iv
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TABLE OF CONTENTS (Continued)
Page
3.0 DESCRIPTION OF THE PROPOSED ACTION 3-1
3.1 Criteria, Identification, and Listing of
Hazardous Waste (Section 3001) 3-1
3.2 Standards Applicable to Generators of
Hazardous Waste (Section 3002) 3-2
3.3 Standards Applicable to Transporters of
Hazardous Waste (Section 3003) 3-5
3.4 Standards for Owners and Operators of
Hazardous Waste Treatment, Storage, and
Disposal Facilities (Section 3004) 3-6
3.5 Permit System for Treatment, Storage, or
Disposal of Hazardous Wastes (Section 3005) 3-11
3.6 Guidelines for State Hazardous Waste Programs
(Section 3006) 3-12
3.7 Preliminary Notification of Hazardous Waste
Activities (Section 3010) 3-14
4.0 IDENTIFICATION AND SELECTION OF REASONABLE ALTERNATIVES 4-1
4.1 No Action 4-3
4.2 Phasing of Subtitle C Regulations 4-5
4.3 Enhanced Public Health and Environmental Protection 4-10
4.4 Lesser Degree of Public Health and Environmental
Protection 4-19
5.0 EXISTING HAZARDOUS WASTE GENERATION AND MANAGEMENT
PRACTICES 5-1
5.1 Characterization of Hazardous Waste Generation 5-1
5.1.1 Hazardous Waste Characteristics 5-1
5.1.2 Sources of Hazardous Waste 5-11
5.2 Characterization of Hazardous Waste Transport 5-22
5.2.1 Generator/Transporter 5-24
5.2.2 Hazardous Waste Management Facility/Transporters 5-27
5.2.3 For-Hire Transporters 5-28
5.3 Characterization of Hazardous Waste Storage, Treatment,
and Disposal 5-32
5.3.1 Storage 5-32
5.3.2 Treatment 5-34
v
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TABLE OF CONTENTS (Continued)
Page
5.3.3 Disposal 5-35
5.3.4 Typical Management Practices for Hazardous
Industrial Waste 5-36
5.3.5 Hazardous Waste Management Service Industry 5-43
5.3.6 State Data on On-Site and Off-Site Disposal 5-48
5.4 Resource Conservation and Recovery 5-52
5.4.1 Resource Conservation and Recovery Methods
and Operations 5-52
5.4.2 Resource Recovery and Recycling Estimates 5-56
5.4.3 Constraints to Resource Conservation and Recovery 5-71
6.0 QUANTITIES OF HAZARDOUS WASTES GENERATED AND CONTROLLED 6-1
6.1 Current Hazardous Waste Generation 6-1
6.1.1 Manufacturing Industries 6-1
6.1.2 Other Hazardous Wastes 6-4
6.2 Hazardous Waste Generators 6-10
6.3 Estimation of Future Hazardous Waste Generation 6-14
6.4 Hazardous Spills 6-15
6.5 Hazardous Wastes Under State Control 6-21
7.0 IMPACTS OF THE PROPOSED ACTION 7-1
7.1 Potential Primary Impacts 7-4
7.1.1 Hazardous Wastes to be Regulated 7-5
7.1.2 Changes to Existing Generation, Transport,
Storage, Treatment, and Disposal Practices
and Procedures 7-9
7.1.3 Administrative Changes 7-38
7.1.4 Air Impacts 7-58
7.1.5 Water Quality Impacts 7-107
7.1.6 Public Health Impacts 7-145
7.2 Potential Secondary Impacts 7-161
7.2.1 Impacts to Physiography and Soils 7-161
7.2.2 Biological Impacts 7-168
7.2.3 Social Impacts 7-183
7.2.4 Hazardous Waste Management Facility Capacity 7-192
vi
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TABLE OF CONTENTS (Continued)
Page
7.2.5 Land Use Impacts 7-200
7.2.6 Water Use Impacts 7-204
7.2.7 Impacts to Resource Conservation and Recovery 7-206
7.2.8 Energy Use Impacts 7-207
7.2.9 Impacts to Special Interest Points 7-207
7.3 Significant Uncertainties in the Impact Assessment 7-212
8.0 IMPACTS OF THE ALTERNATIVES 8-1
8.1 Potential Changes in Impacts Resulting from the
No Action Alternative 8-1
8.1.1 Primary Impacts 8-1
8.1.2 Secondary Impacts 8-5
8.2 Potential Changes in Impacts Resulting from the
Phasing of Generators Alternative 8-6
8.2.1 Primary Impacts 8-6
8.2.2 Secondary Impacts 8-20
8.3 Potential Change in Impacts Resulting from the
Enhanced Public Health and Environment Protection
Alternative 8-22
8.3.1 Primary Impacts "* 8-22
8.3.2 Secondary Impacts 8-48
8.4 Potential Change in Impacts Resulting from the
Lesser Degree of Public Health and Environmental
Protection Alternative 8-68
8.4.1 Primary Impacts 8-69
8.4.2 Secondary Impacts 8-99
9.0 MITIGATING MEASURES AND ADVERSE IMPACTS WHICH CANNOT
BE AVOIDED 9-1
9.1 Redistribution of Hazardous Wastes 9-2
9.2 Impacts Unaffected by the Regulations 9-8
9.2.1 Siting 9-8
9.2.2 Transportation 9-10
vii
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TABLE OF CONTENTS (Continued)
9.2.3 Construction and Operation 9-11
9.2.4 Closure 9-13
10.0 RELATIONSHIP BETWEEN LOCAL SHORT-TERM USE OF MAN'S
ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT
OF LONG-TERM PRODUCTIVITY 10-1
11.0 IRREVERSIBLE AND IRRETRIEVABLE COMMITMENTS OF RESOURCES 11-1
CONTENTS OF VOLUME II
APPENDIX A - STATE HAZARDOUS WASTE REGULATIONS A-l
A.I Regulations Applicable To Generators A-l
A.1.1 California A-l
A.1.2 Georgia A-2
A.1.3 Illinois A-2
A. 1.4 Maryland A-3
A.1.5 Minnesota A-3
A.1.6 Missouri A-4
A.1.7 Montana A-5
A.1.8 Oklahoma A-5
A. 1.9 Oregon A-6
A. 1.10 Texas A-6
A. 1.11 Washington A-7
A.2 Regulations Applicable to Transporters A-7
A.2.1 California A-7
A. 2.2 Maryland A-9
A.2.3 Minnesota A-9
A.2.4 Missouri A-10
A. 2.5 Montana A-10
A. 2.6 Oklahoma A-10
A. 2.7 Oregon A-ll
A.2.8 Texas A-ll
A.2.9 Washington A-l2
A.3 Regulations Applicable to Storers, Treaters,
and Disposers A-l3
viii
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TABLE OF CONTENTS (Continued)
A.3.1 California A-13
A.3.2 Georgia A-14
A.3.3 Illinois A-15
A.3.4 Maryland A-16
A.3.5 Minnesota A-16
A.3.6 Missouri A-17
A.3.7 Montana A-18
A.3.8 Oklahoma A-18
A.3.9 Oregon A-19
A.3.10 Texas A-20
A.3.11 Washington A-21
A.4 Examples of Other State Control Mechanisms A-22
A.4.1 Nebraska A-22
A.4.2 Utah A-23
A.5 Hazardous Waste Legislation for the U.S. Territories A-24
A.5.1 Territory of Guam A-24
A.5.2 Territory of American Samoa A-24
A.5.3 Trust Territory of the Pacific Islands A-25
A.5.4 Puerto Rico A-25
A.5.5 The U.S. Virgin Islands A-25
APPENDIX B - PROPOSED SUBTITLE C REGULATIONS B-l
Subpart A - Criteria, Identification, and Listing of
Hazardous Waste B-l
250.10 Purpose and Scope B-2
250.11 Definitions B-3
250.12 Criteria B-5
250.13 Hazardous Waste Characteristics B-7
250.14 Hazardous Waste Lists B-15
Appendix I - Explosion Temperature Test B-29
Appendix II - Separation Protocol B-30
Appendix III - Structural Integrity Procedure B-32
Appendix IV - pH Adjustment Procedures B-33
Appendix V - Sampling Methods B-34
Appendix VI - Pesticides B-35
Appendix VII - Department of Transportation (DOT)
Classification Poison A, Poison B,
or ORM-A B-37
ix
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TABLE OF CONTENTS (Continued)
Appendix VIII - Autoclave Speifications B-43
Appendix IX - CDC Classification of Etiologic Agents B-44
Appendix X - Radioactive Waste Measurements B-50
Appendix XI - Detection of Gene Mutations B-51
Appendix XII - Bioaccumulation Potential Test B-61
Appendix XIII - Controlled Substance List B-67
Appendix XIV - Priority Pollutants B-69
Subpart B - Standards Applicable to Generators of
Hazardous Waste B-74
250.20 Scope and Purpose B-75
250.21 Definitions B-77
250.22 Manifest B-80
250.23 Reporting B-83
250.24 Recordkeeping B-91
250.25 Containers B-91
250.26 Labeling Practices B-92
250.27 Confidential Information B-93
250.28 Presumption B-93
250.29 Transfer of Liability Contract B-93
Subpart C - Standards Applicable to Transporters of
Hazardous Wastes B-97
250.30 Scope B-98
250.31 Definitions B-99
250.32 Identification Code B-101
250.33 Recordkeeping B-101
250.34 Acceptance and Transfer of Hazardous Waste B-102
250.35 Compliance with the Manifest B-103
250.36 Delivery of Hazardous Wastes to a Designated
Permitted Facility B-105
250.37 Spills B-105
250.38 Placarding/Marking of Vehicles B-108
Subpart D - Standards for Owners and Operators of
Hazardous Waste Treatment, Storage, and
Disposal Facilities B-109
250.40 Scope/Applicability B-lll
250.41 Definitions B-113
250.42 Human Health and Environmental Standards B-127
250.43 General Facility Standards B-130
x
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TABLE OF CONTENTS (Continued)
250.44 Standards for Storage B-169
250.45 Standards for Treatment/Disposal B-172
250.46 Special Waste Standards B-210
Annex 1 - Drinking Water Standards B-212
Annex 2 - Threshold Limit Values for Chemical
Substances B-213
Annex 3 - TSDF Report B-221
Annex 4 - Incompatible Wastes B-222
Annex 5 - Methods for Determining Soil pH B-225
Subpart E - Permit System for Facilities Which Treat, Store
or Dispose of Hazardous Waste B-227
250.60 Scope and Purpose B-229
250.61 Definitions B-229
250.62 Permit Provisions B-235
250.63 Application for a Permit B-244
250.64 Formulation of Tenative Determinations
and Draft Permit B-253
250.65 Request for Public Hearing and Notice of
Public Hearing B-256
250.66 Administrative Record B-264
250.67 Emergency Action B-266
250.68 Computation of Time B-266
Subpart F - Guidelines for State Hazardous Waste Programs B-268
250.70 Scope and Purpose B-269
250.71 Definitions B-269
250.72 Authorization B-271
250.73 Interim Authorization B-279
250.74 Federal Outsight of Authorized Programs B-282
250.75 Application Procedure B-285
250.76 Withdrawal of Authorization B-287
Subpart G - Preliminary Notification of Hazardous Waste
Activities B-289
250.800 Scope and Purpose B-290
250.801 Definitions B-290
250.810 Limited Interim Authorization B-293
250.811 Application Procedures for States B-294
250.812 Responsibilities and Authority of the EPA
Regional Administrator B-295
xi
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TABLE OF CONTENTS (Continued)
250.820 Who Must File Notification B-296
250.821 When to File Notification B-298
250.822 Where to File Notification B-299
250.823 Information Required in Notification B-299
APPENDIX C - CHARACTERIZATION OF POTENTIALLY HAZARDOUS
WASTES GENERATED BY SELECTED MANUFACTURING
INDUSTRIES C-l
C.I Textile Industry C-3
C.2 Inorganic Chemicals Industry C-6
C.3 Pharmaceutical Industry C-7
C.4 Paint and Allied Products Industry and Contract
Solvent Reclaiming Operations C-12
C.4.1 Paint and Allied Products Industry C-12
C.4.2 Contract Solvent Reclaiming Operations C-16
C.5 Organic Chemicals, Pesticides, and Explosives
Industries C-17
C.6 Petroleum Refining Industry C-17
C.7 Petroleum Rerefining Industry C-34
C.8 Leather Tanning and Finishing Industry C-35
C.9 Metal Smelting and Refining Industry C-39
C.10 Electroplating and Met-al- Finishing Industries C-46
C.ll Special Machinery Manufacturing Industries C-48
C.12 Electronic Components Manufacturing Industry C—53
C.13 Storage and Primary Batteries Industries C-55
APPENDIX D - TREATMENT AND DISPOSAL OF HAZARDOUS WASTES D-l
D.I Treatment Methods D-l
D.I.I Physical Treatment D-2
D.I.2 Chemical Treatment D-6
D.I.3 Biological Treatment D-9
D.I.4 Thermal Treatment D-13
D.2 Methods for Ultimate Disposal D-19
D.2.1 Open Dumping D-20
D.2.2 Landfills D-21
D.2.3 Landfarming D-23
D.2.4 Surface Impoundments D-24
xii
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TABLE OF CONTENTS (Continued)
Page
D.2.5 Incineration D-26
D.2.6 Road Application D-26
D.2.7 Detonation D-27
D.2.8 Engineered Storage D-27
D.3 Treatment and Disposal Practices by Selected
Manufacturing Industries D-28
D.3.1 Textiles Industry D-28
D.3.2 Inorganic Chemicals Industry D-30
D.3.3 Pharmaceutical Industry D-33
D.3.4 Paint and Allied Products Industries and
Contract Solvent Reclaiming Operations D-35
D.3.5 Organic Chemicals, Pesticides, and
Explosives Industries D-38
D.3.6 Petroleum Refining Industry D-44
D.3.7 Petroleum Rerefining Industry D-48
D.3.8 Leather Tanning and Finishing Industry D-51
D.3.9 Metal Smelting and Refining Industry D-54
D.3.10 Electroplating and Metal Finishing
Industries D-60
D.3.11 Special Machinery Manufacturing Industries D-62
D.3.12 Electronic Components Manufacturing Industry D-64
D.3.13 Storage and Primary Batteries Industries D-67
APPENDIX E - CHARACTERIZATION OF THE HAZARDOUS WASTE
TRANSPORT INDUSTRY E-l
E.I Generator/Transporter E-3
E.2 Hazardous Waste Management Facility/Transporters E-7
E.3 For-Hire Transporters E-10
E.3.1 Common and Contact Highway Carriers E-10
E.3.2 Rail Transport E-14
E.3.3 Air Transport E-20
E.3.4 Pipeline Transport E-21
E.3.5 Waterway Transport E-22
APPENDIX F - POTENTIAL RECOVERY OF SPECIFIC HAZARDOUS WASTES
GENERATED BY SELECTED MANUFACTURING INDUSTRIES F-l
F.I Potential Recovery of Hazardous Wastes Generated by
the Inorganic Chemical Industry F-l
xiii
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TABLE OF CONTENTS (Continued)
F.2 Potential Recovery of Hazardous Wastes Generated by
the Organic Chemical Industry F-4
F.3 Potential Recovery of Hazardous Wastes Generated by the
Metals Smelting and Refining Industries F-4
APPENDIX G - INDUSTRIAL WASTE CLEARINGHOUSES AND EXCHANGES G-l
G.I Iowa Industrial Waste Information Exchange G-5
G.2 California Industrial Waste Information Exchange G-7
G.3 National Clearinghouses G-9
APPENDIX H - METHODOLOGY FOR THE DERIVATION OF HAZARDOUS
WASTE GENERATION FACTORS H-l
H.I Methods of Quantifying Hazardous Wastes H-l
H.2 Data Sources H-4
H.3 Development of Generation Factors H-12
H.4 Limitations of Generation Factors H-15
H.4.1 Comparability of Data Sources H-15
H.4.2 Possible Biases in Industry Coverage H-l9
H.4.3 Possible Inaccuracies Due to Company Responses H-19
H.4.4 Aggregation at the Two-Digit SIC Level H-20
H.4.5 Waste Generation per Employee H-23
H.5 Application of Generation Factors H-23
APPENDIX I - DOCUMENTATION FOR PHASING CALCULATIONS 1-1
I.I Methodology 1-1
1.2 Operation 1-4
1.3 Output 1-4
1.4 Limitations and Applicability of Methodology 1-7
1.5 Program Listing 1-15
1.6 Glossary 1-15
APPENDIX J - HAZARDOUS WASTE INCIDENTS J-l
J.I Generation Incidents J-l
J.2 Transport Incidents J-2
J.3 Treatment and Lagoon Incidents J-3
J.4 Storage Incidents J-10
J.5 Disposal Incidents J-l7
xiv
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TABLE OF CONTENTS (Concluded)
Page
APPENDIX K - UNITED STATES DISTRIBUTION OF MANUFACTURING
FIRMS BY SIZE, IN STANDARD INDUSTRIAL
CLASSIFICATIONS 20 AND 22 THROUGH 39 — 1972 K-l
APPENDIX L - BACKGROUND INFORMATION ON GROUNDWATER
MOVEMENT AND CONTAMINATION L-l
L.I Occurrence and Movement of Groundwater L-l
L.2 Contamination of Groundwater L-6
L.3 Transport and Natural Attenuation of Contaminants L-7
APPENDIX M - BACKGROUND INFORMATION ON INCINERATION OF
HAZARDOUS WASTES M-l
APPENDIX N - LITERATURE CITED N-l
xv
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LIST OF ILLUSTRATIONS
CONTENTS OF VOLUME 1
5-1 Geographic Distribution of Hazardous Waste
Management Facilities 5-45
6-1 Cumulative Size Distribution of Hazardous Waste
Generators 1975 6-13
6-2 Cumulative Hazardous Waste Distribution 1975 6-14
CONTENTS OF VOLUME II
1-1 Cumulative Hazardous Waste Generation 1984 1-8
L-l Unconfined and Confined Aquifers L-2
M-l Air Emissions from Incineration of Selected
Pesticides of 1000 C and 2 Seconds Retention M-9
xv i
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LIST OF TABLES
CONTENTS OF VOLUME 1
S-l Comparison of Potential Impacts of the Proposed
Regulations and the Enhanced and the Lesser Degree
of Public Health and Environmental Protection
Alternatives S-44
2-1 State Regulation and Control Authority 2-19
2-2 State Legislation Applicable to Hazardous Waste
Generators 2-24
2-3 State Legislation Applicable to Hazardous Waste
Transporters 2-25
2-4 State Legislation Applicable to Hazardous Waste
Treaters 2-26
2-5 State Legislation Applicable to Hazardous Waste
Storers 2-27
2-6 State Legislation Applicable to Hazardous Waste
Disposers 2-28
2-7 State Approach to Hazardous Waste Definition,
Monitoring, and Enforcement 2-29
4-1 Phasing of Generators 4-8
4-2 Enhanced Public Health and Environmental Protection 4-12
4-3 Lesser Degree of Public Health and Environmental
Protection 4-20
5-1 Sources of Chemicals for Inclusion on the Initial
List of the Toxic Substance Control Act Interagency
Testing Committee 5-6
5-2 Examples of General Types of Potentially Hazardous
Waste Constituents 5-12
5-3 Examples of Potentially Hazardous Waste Streams from
Selected Manufacturing Industries 5-14
5-4 Examples of Spills of Potentially Hazardous Materials 5-23
5-5 Relative Amount of Hazardous Wastes Transported
Off-Site by Mode and Industry Segment 5-25
5-6 Examples of Storage Practices in Selected Industries 5-33
5-7 Estimated Portion of Hazardous Wastes from Fourteen
Manufacturing Industries Disposed by Method, 1973-1975 5-37
5-8 Estimated Percentage of Total Hazardous Wastes
Treated/Disposed On-Site by Various Methods for
Selected Industries - 1973 5-39
5-9 Estimated Percentage of Total Hazardous Wastes
Treated/Disposed Off-Site by Various Methods for
Selected Industries - 1973 5-40
xvii
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LIST OF TABLES (Continued)
5-10 Estimated Percentage of Hazardous Wastes
Treated/Disposed or Recovered On-Site and
Off/Site 5-42
5-11 Estimated Percentage of Hazardous Wastes
Treated/Disposed by Level I, II, or III
Technology for Selected Manufacturing Industries 5-44
5-12 Capacity of Selected Hazardous Waste Management
Service Industry Processes - 1974 5-47
5-13 Types of Hazardous Wastes Handled and Typical
Treatment/Disposal Methods for the Hazardous
Waste Management Industry 5-49
5-14 Estimated Percentage of Hazardous Industrial
Wastes Disposed by Location or Reclaimed for
Selected States 5-50
5-15 Distribution of Hazardous Waste Recovery Operations
in the United States 5-54
5-16 Examples of Hazardous Waste Recovery and Recycling
Practices in Selected Industries 5-58
5-17 Waste Oil Sources and Uses, 1972 5-62
5-18 Estimated Magnitude of Hazardous Wastes from
Selected Industries that may be Potentially
Recoverable or Recyclable 5-65
5-19 Generation and Potential Use of Organic
Chemical Wastes 5-68
5-20 Industries and Hazardous Waste Types Studied for
Energy Recovery Potential 5-69
5-21 Estimated Annual Waste Quantities and Total
Recoverable Energy 5-70
6-1 Summary of Hazardous Waste Generated by EPA Region-1975 6-3
6-2 Estimated Annual Generation of Potentially Hazardous
Non-Manufacturing Wastes 6-6
6-3 EPA Hazardous Substance Spill File Summary
(February 1977 - February 1978) 6-17
6-4 Types of Discharges Reported under Section 311,
PL-92-500 1976 6-20
6-5 Sources of Discharges Reported under Section 311,
PL 92-500 1976 6-22
6-6 Commodities Named Most Often in Hazardous Materials
Incident Reports 6-23
6-7 Summary - State Control over Hazardous Wastes 6-25
6-8 Hazardous Waste Control in Large Generator States 6-26
xviii
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LIST OF TABLES (Continued)
7-1 Number and Types of Reported Incidents from the
Improper Management of Hazardous Wastes 7-3
7-2 Estimated Quantity of Hazardous Manufacturing
Wastes and Number of Establishments Excluded
from Regulation at a Generator Limit of 100 kg/mo 7-8
7-3 Number of Manufacturing Establishments by 2-Digit
SIC Code 7-46
7-4 Number of Manufacturing Establishments by EPA Region 7-47
7-5 Potential Hazardous Waste Generators within Selected
Manufacturing Industries by EPA Region 7-49
7-6 Estimated Number of Potential Producers of Hazardous
Wastes within Selected Categories 7-50
7-7 Estimated Number of Potential Permittees 7-54
7-8 Estimated Change in Vehicular Emissions in 1984 from
Transport of Hazardous Industrial Wastes under
Subtitle C Regulations 7-78
7-9 Gas Composition Data 7-83
7-10 Origins and Pollutants in 57 Cases of Ground Water
Contamination in the Northeast Caused by Leakage
of Waste Water from Surface Impoundments 7-128
7-11 Summary of Data on 42 Municipal and 18 Industrial
Contamination Cases 7-130
7-12 Groundwater Contamination from Industrial Waste
Land Disposal Sites 7-132
7-13 Properties of Wastes that are Hazardous to Living
Systems 7-169
7-14 Generalized Patterns of the Response of Biological
Systems to Increased Levels of Environmental Stress 7-171
7-15 Estimated Change in Fuel Consumption in 1984 from
Transport of Hazardous Industrial Wastes under
Subtitle C Regulations 7-210
8-1 Regulated Hazardous Manufacturing Wastes During the
First Year of Phasing (1980) by Region and SIC Code 8-9
8-2 Regulated Hazardous Manufacturing Wastes During the
Second Year of Phasing (1981) by Region and SIC Code 8-10
8-3 Regulated Hazardous Manufacturing Wastes During the
Third Year of Phasing (1982) by Region and SIC Code 8-11
8-4 Regulated Hazardous Manufacturing Wastes During the
Fourth Year of Phasing (1983) by Region and SIC Code 8-12
8-5 Estimated Change in Vehicular Emissions in 1984 from
Transport of Additional Hazardous Industrial Wastes
under Subtitle C Regulations 8-36
xix
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LIST OF TABLES (Continued)
8-6 Estimated Change in Fuel Consumption in 1984 from
Transport of Additional Hazardous Industrial Wastes
under Subtitle C Regulations 8-67
8-7 Estimated Quantity of Hazardous Manufacturing
Wastes and Number of Establishments Excluded
from Regulation at a Generator Limit of 1,000
Kilograms Per Month 8-71
8-8 Estimated Change in Vehicular Emissions in 1984
from Transport of Less Hazardous Industrial Wastes
under Subtitle C Regulations 8-87
8-9 Estimated Change in Fuel Consumption in 1984 from
Transport of Less Hazardous Industrial Wastes under
Subtitle C Regulations 8-115
CONTENTS OF VOLUME II
C-l Typical Waste Solvents Generated by the
Pharmaceutical Industry C-9
C-2 Typical Potentially Hazardous Wastes Generated
During Pharmaceutical Active Ingredient Production C-10
C-3 Selected Potentially Hazardous Waste Constituents
from the Paint and Allied Products Industry C-14
C-4 Potentially Hazardous Components of Selected Waste
Streams from the Organic Chemicals, Pesticides, and
Explosives Industries C-18
C-5 Potentially Hazardous Waste Stream Components by
Standard Industrial Classification, Organic
Chemicals and Technical Pesticides Industries C-21
C-6 Potentially Hazardous Constituents of Petroleum
Refining Waste Streams C-30
C-7 Potentially Hazardous Materials Contained in
Petroleum Re-refining Sludge C-36
C-8 Potentially Hazardous Tannery Waste Constituents C-38
C-9 Potentially Hazardous Waste Streams from Metal
Smelting and Refining C-40
C-10 Potentially Hazardous Waste Constituents Generated
by Metal Smelting and Refining Industries C-42
C-ll Typical Constituents of Potentially Hazardous
Waste Streams in the Special Machinery Manufacturing
Industries C-50
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LIST OF TABLES (Continued)
C-12 Potentially Hazardous Waste Streams from the Production
of Storage Batteries C-57
C-13 Potentially Hazardous Waste Streams from the
Production of Primary Batteries C-59
D-l Typical Hazardous Waste Handling Procedures for
the Textiles Industry D-29
D-2 Typical Hazardous Waste Handling Procedures for
the Inorganic Chemicals Industry D-31
D-3 Typical Hazardous Waste Handling Procedures for
the Pharmaceutical Industry D-34
D-4 Typical Hazardous Waste Handling Procedures for
the Paint and Allied Products Industry and
Contract Solvent Reclaiming Operations D-36
D-5 Typical Hazardous Waste Handling Procedures for
the Organic Chemicals and Pesticides Industry D-39
D-6 Percentage of Hazardous Wastes Treated/Disposed
On-Site and Off-Site at Selected Organic Chemical
Plants in 1973 D-43
D-7 Typical Hazardous Waste Handling Procedures for
the Petroleum Refining Industry D-45
D-8 Estimate of the Percentage of Wastes Disposed/Treated
On-site and Off-site by Petroleum Refinery
in 1973 and 1983 D-49
D-9 Typical Hazardous Waste Handling Procedures for the
Petroleum Rerefining Industry D-50
D-10 Percentage of Potentially Hazardous Waste Disposed
On-site and Off-site or Recycled in 1975 D-52
D-ll Typical Hazardous Waste Handling Procedures for the
Leather Tanning and Finishing Industry D-53
D-12 Typical Hazardous Waste Handling Procedures for the
Metal Smelting and Refining Industry D-55
D-13 Typical Hazardous Waste Handling Procedures for the
Electroplating and Metal Finishing Industry D-61
D-14 Typical Hazardous Waste Handling Procedures for the
Special Machinery Industry D-63
D-15 Typical Hazardous Waste Handling Procedures for the
Electronic Components Industry D-65
D-16 Typical Hazardous Waste Handling Procedures for the
Storage and Primary Batteries Industries D-68
E-l Relative Amount of Hazardous Wastes Transported Off-
Site by Mode and Industry Segment E-4
E-2 Examples of Types of Vehicles Used by Generators Who
Transport Wastes E-6
E-3 Wastes Listed in the Hazardous Materials Table E-16
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LIST OF TABLES (Continued)
E-4 Estimated Annual Carloads of Selected Potentially
Hazardous Wastes Carried on Railroads in 1976 E-17
F-l Summary of Technically Demonstrated Alternative
Treatment Systems for Wastes Generated by the
Inorganic Chemical Industries F-2
F-2 Cost Comparison of Resource Recovery Treatment
Systems with Landfill Options for Wastes Generated by
Inorganic Chemical Industries F-3
F-3 Summary of Alternative Treatment Systems for Waste
Generated by the Organic Chemicals Industry F-5
F-4 Cost Comparison of Resource Recovery Treatment
Systems with Landfill or Incineration Options for
Wastes Generated by the Organic Chemicals, Pesticides
and Explosives Industries F-8
F-5 Summary of Alternative Treatment Systems for Waste
Generated by the Metals Smelting and Refining
Industries F-9
F-6 Cost Comparison of Resource Recovery Treatment Systems
with Landfill Options for Wastes Generated by the
Metal Smelting and Refining Industries F-12
G-l Comparison of Clearinghouses and Exchanges G-2
G-2 Approximate Quantities of Hazardous Waste Listed on
the Iowa Industrial Waste Information Exchange in 1976
and 1977 G-6
H-l Data Sources for Generation Factors H-14
H-2 Generation Factors for the Calculation of Estimated
Quantities of Hazardous Waste Generated by Manufac-
turing Industries (Based on Employment) H-16
H-3 Standard Industrial Classification Major Group 31 -
Leather and Leather Products H-22
H-4 Summary of Hazardous Waste Generated by EPA Region —
1975 (1000 Metric tons per year) H-24
1-1 Approximate Distribution of Hazardous Manufacturing
Wastes Subject to Regulation in 1984 - Generation Limit
100 kg/mo (All wastes in 1000"s of metric tons per
year) 1-5
1-2 Employee Ratios, 1975/1972 1-11
1-3 Ratio of total Employees by Interpolation to Given
Total - 1972 1-12
1-4 Program Listing 1-16
K-l United States Distribution of Manufacturing Firms by
Size for Standard Classifications 20 through 39 - 1972 K-2
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LIST OF TABLES (Continued)
K-2 United States Distribution of Manufacturing Firms by
Size for Standard Industrial Classification 22 -
Textile Mill Products K-3
K-3 United States Distribution of Manufacturing Firms by
Size for Standard Industrial Classification 23 -
Apparel and other Textile Products K-4
K-4 United States Distribution of Manufacturing Firms by
Size for Standard Industrial Classification 24 -
Lumber and Wood Products K-5
K-5 United States Distribution of Manufacturing Firms
by Size for Standard Industrial Classification
25 - Furniture and Fixtures K-6
K-6 United States Distribution of Manufacturing Firms
by Size for Standard Industrial Classification
26 - Paper and Allied Products K-7
K-7 United States Distribution of Manufacturing Firms
by Size for Standard Industrial Classification
27 - Printing and Publishing K-8
K-8 United States Distribution of Manufacturing Firms
by Size for Standard Industrial Classification
28 - Chemicals and Allied Products K-9
K-9 United States Distribution of Manufacturing Firms
by Size for Standard Industrial Classification
29 - Petroleum and Coal Products K-10
K-10 United States Distribution of Manufacturing Firms
by Size for Standard Industrial Classification
30 - Rubber and Plastics Products K-ll
K-ll United States Distribution of Manufacturing Firms
by Size for Standard Industrial Classification
31 - Leather and Leather Products K-12
K-12 United States Distribution of Manufacturing Firms
by Size for Standard Industrial Classification
32 - Stone, Clay, and Glass Products K-13
K-13 United States Distribution of Manufacturing Firms
by Size for Standard Industrial Classification
33 - Primary Metal Industries K-14
K-14 United States Distribution of Manufacturing Firms
by Size for Standard Industrial Classification
34 - Fabricated Metal Products K-15
K-15 United States Distribution of Manufacturing Firms
by Size for Standard Industrial Classification
35 - Machinery Except Electrical K-16
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LIST OF TABLES (Concluded)
K-16 United States Distribution of Manufacturing Firms
by Size for Standard Industrial Classification
36 - Electric and Electronic Equipment K-17
K-17 United States Distribution of Manufacturing Firms
by Size for Standard Industrial Classification
37 - Transportation Equipment K-18
K-18 United States Distribution of Manufacturing Firms
by Size for Standard Industrial Classification
38 - Instruments and Related Products K-19
K-19 United States Distribution of Manufacturing Firms
by Size for Standard Industrial Classification
39 - Miscellaneous Manufacturing Industries K-20
L-l Compounds Identified in Groundwater from Landfill
Well L-8
L-2 Range of Leachate Composition in 18 Sanitary Land-
fills in the United States L-10
M-l Characteristics of Incineration of Selected
Hazardous Wastes M-5
M-2 Trace Metals on Particulate Filters from Test
Incineration of Methyl Methacrylate Wastes M-6
M-3 Uncontrolled Emissions from Combustion of Selected
Munitions in Rotary Kiln Incineration M-12
M-4 Emissions Rates from Open Burning of Selected
Energetic Materials M-13
M-5 Detonation Products of Confined and Unconfined
Explosions M-14
M-6 Mass Spectrographic Analysis of Exhaust Gasses from
Fluidized - Bed Incineration of Solvent Recovery
Sludges from Paint Production M-16
M-7 Analysis of Ash from Incinerated Solvent Recovery
Still Bottoms at One Paint Production Facility M-17
M-8 Ambient Air Concentrations of Lead Near Various
Facilities Burning Waste Oil as Fuel M-19
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APPENDIX A
STATE HAZARDOUS WASTE REGULATIONS
This Appendix presents very brief descriptions of selected state
hazardous waste regulations. These descriptions are provided to aid
in interpreting the intent of the state regulations summarized in
Chapter 2. In addition, selected examples are presented of
mechanisms used by states to control hazardous wastes in the absence
of specific hazardous waste legislation.
A.I Regulations Applicable to Generators
The following states have promulgated regulations over the man-
agement of hazardous wastes as they relate to the responsibilities of
generators. Brief descriptions of selected state regulations are
provided below.
A. 1.1 California. Based on an extrapolation of the revised
regulations for hazardous waste (State of California, 1977a):
• Permit System. The producer of an extremely hazardous
waste, as defined in the regulations, shall apply for a
permit before these wastes can be disposed. The application
for this permit should include information on the amount and
type of waste, the proposed method for handling and disposal,
and the name and address of the proposed hauler and disposer.
This permit is required in addition to the manifest.
• Manifest System. The producer of any hazardous or extremely
hazardous waste to be disposed off-site by other than a
pipeline shall complete and sign the Producer of Waste sec-
tion of the manifest, documenting the quantity and charac-
teristics of the waste. The producer of the waste shall
include transportation data on the manifest as required by
the California Highway Patrol. In cases where a different
waste hauler is utilized, a new manifest is required. Each
manifest shall indicate the volume of waste to be transported
by the hauler. Each month the producer shall submit a copy
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of each manifest containing all the information required in
the Producer and Hauler sections of the manifest.
• Recordkeeping. Where a producer is also an on-site disposer
of hazardous materials, a record of all waste disposal dur-
ing the previous month, giving a qualitative and quantitative
summary, and the plan of disposal shall be kept and submitted
to the Department each month.
• Reporting. Operators of on-site disposal facilities are to
submit monthly reports to the Department on the information
compiled in records and on the amounts of fees due payable
to the Department.
• Inspection. The Director may inspect any facility where haz-
ardous wastes are kept, obtain samples, or inspect records
relating to the management of hazardous wastes.
• Enforcement. The requirements of compliance are to be en-
forced by the Director or any authorized representative.
A.1.2 Georgia. Based on Guidelines for the Management of
Hazardous Solid Wastes (State of Georgia, 1977):
• Permit System. Generators of hazardous wastes must submit
a request for approval of management procedures planned for
the handling and disposal of hazardous wastes.
• Recordkeeping. Records of the amounts, characteristics, and
dates hazardous wastes are sent to approved hazardous
waste disposal sites must be made available for examination
by the Environmental Protection Division.
• Enforcement. Enforcement is promulgated under the authority
of Act 1486, Solid Waste Management Act, Georgia Laws of
1972, as amended.
A.1.3 Illinois.
Permit System. All generators of hazardous wastes have
been identified and their wastes characterized as part of
the solid waste management program. A generator of hazard-
ous wastes must file an application giving the quantity and
characteristics of the waste going for disposal. A permit
is also required for on-site disposal.
Manifest System. The applicant's permit must match up with
that of the disposer's permit.
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• Enforcement. Although there are no formalized regulations
at this time, the enforcement of the system is carried out
through the authority of the Illinois Environmental Protec-
tion Agency, Division of Land Pollution Control.
A.1.4 Maryland. Based on Title 08 Department of National
Resources, Subtitle 05 Water Resources Administration, Section
08.05.05 Control of the Disposal of Designated Hazardous Substances:
• Permit System. Generators are required to notify the Admin-
istration as required, giving the names and volumes of wastes
and a plan of disposal.
• Manifest System. For a Class I or Class II hazardous waste,
the generator shall provide two copies of the manifest to a
certified hauler and one copy to the Administration specify-
ing the origin and destination of the waste, the volume and
character of the waste, and potential dangers to the public
and the environment.
• Reporting. Reporting shall be consistent with the require-
ments developed by other State agencies.
• Monitoring. Monitoring shall be consistent with the require-
ments developed by other State agencies.
• Enforcement. Violators shall be subject to the civil and
criminal liabilities as specified in the Natural Resources
Article, Annotated Code of Maryland.
A.1.5 Minnesota. Based on the Proposed Rules from the
Pollution Control Agency for the Disposal of Hazardous Waste:
• Permit System. Part of the required disclosure shall include
the NPDES or State Disposal Permit number where applicable.
• Manifest System. The generator of the waste shall be re-
quired to prepare hazardous waste shipping papers. These
shipping papers are to include information on the generator,
the identifying shipping number, the amount and full charac-
teristics of the waste, procedures for safety and accident
occurrences, other wastes to be combined, the transporters'
agency identification number, and any other information the
generator deems important. Upon transfer of the waste, the
A-3
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transporter or facility operator accepting the waste shall
sign each copy of the shipping papers. The generator of a
shipment of hazardous waste shall maintain the original copy
of the shipping papers for five years. At the request of the
Director of the Agency, the generator shall submit a copy of
the shipping papers to the Agency.
• Recordkeeping. The generator of a shipment of hazardous
waste shall retain a copy of the shipping papers for five
years.
• Reporting. Each generator is required to submit a disclosure
to the Agency for quantities being transported within the
state or outside the state. For existing wastes, the
generator shall submit this disclosure within one year, and
for new wastes, the generator shall submit the disclosure
within 90 days after first producing the waste. Accidents
and/or spills are to be reported.
• Inspection. An authorized party of the Agency may enter the
property where a waste is produced and collect samples of the
waste for further examination.
• Enforcement. The Minnesota Pollution Control Agency is
designated as the agency responsible for enforcement of the
proposed regulations.
A. 1.6 Missouri. Based on the Missouri Hazardous Waste
Management Law HB 318:
• Manifest System. In order that the waste may be tracked, a
shipping document or manifest must be initiated by the waste
generator. A copy shall be retained by the generator and by
the Department of Natural Resources.
• Reporting. Generators must register their hazardous wastes
with the Department in order to comply with the manifest
requirements.
• Enforcement. Enforcement of this law is the responsibility
of the Department of Natural Resources. Intentional falsi-
fication of information or records is subject to fine
and/or imprisonment.
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A.1.7 Montana. Based on the 1977 Montana State Plan for
SolidWaste and Hazardous Waste Management, and Resource Recovery
(State of Montana, 1977), and the Montana Solid Waste Management Act:
• Permit System. Where the generator of hazardous waste is
disposing on-site, a permit or license is required by the
state based on approval of site characteristics, engineering
designs, and operational plans.
• Manifest System. The generator of a shipment of hazardous
waste shall fill out the assigned portion of the manifest
which will accompany the waste to the disposal site.
• Recordkeeping and Reporting. Generators shall be required
to keep records and submit reports concerning the quanti-
ties, types, and deposition of hazardous wastes.
• Inspection. Where wastes are disposed or stored on-site,
the State has the authority to inspect the facility for
compliance with the Montana Solid Waste Management Act.
• Enforcement. Enforcement of the plan for hazardous waste
management is carried out through the authority of the
Montana Department of Health and Environmental Sciences.
A.1.8 Oklahoma. Based on the contents of Rules and Regulations
for Industrial Waste Management (State of Oklahoma, 1977):
• Manifest System. Although not called a "manifest" per se,
all generators of industrial waste shall file a plan with the
Department to include the quantity and characterization of
the waste; the percentage of liquids; the type, volume, and
duration of storage facilities; the disposal method proposed,
including any pretreatment; the disposal sites used; and the
waste haulers used. In addition, the generator shall provide
three copies of a shipping report to the hauler for each load
of waste material shipped. This shipping report will contain
the assigned disposal plan number, the type, amount, ap-
proximate content, origin, and destination of the waste.
• Reporting. The generator shall submit annual reports to the
Department.
• Enforcement. Legal enforcement is based on the authority
granted under The Oklahoma Industrial Waste Disposal Act,
Title 63.
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A.1.9 Oregon. Based on Oregon Hazardous Waste Management
Regulations (State of Orgeon, 1976):
• Manifest System. The State is presently in the process of
designing a workable manifest system. Generators shall be
required to use a department-approved manifest to assure that
all hazardous wastes generated are destined for treatment,
storage, or disposal at approved facilities.
• Recordkeeping. The generator shall keep records that accur-
ately identify the quantities, constituents, and disposition
of the hazardous wastes.
• Reporting. The generator shall submit reports to the
department determining the quantities of hazardous waste
generated during a given period of time and the disposition
of all such wastes.
• Enforcement. Both the existing and proposed regulations are
to be enforced under the authority of the Department of En-
vironmental Quality.
A.1.10 Texas. Based on Texas Regulation of Industrial Solid
Waste Management (State of Texas, 1975) and Municipal Solid Waste
Management Regulations (State of Texas, 1977a):
• Manifest System. All off-site shipments of industrial wastes
must be accompanied by a Texas Water Quality Board Industrial
Waste Shipping Control Ticket. One copy of this ticket will
be retained for the generator's records.
• Recordkeeping. Generators of Class I waste shall compile a
monthly Off-Site Disposal Summary from their copies of ship-
ping tickets. Generators who dispose of Class I or Class II
industrial waste on-site must maintain records of their on-
site disposal activity. These records shall include, as a
minimum, information regarding the quantity, character, and
classification of the waste and the method and location of
disposal. All copies of shipping tickets and records of
Class II off-site disposal and records of Class I and Class
II on-site disposal shall be retained for at least three
years.
• Reporting. Generators of Class I waste shall submit a month-
ly Off-Site Disposal Summary to the Texas Water Quality
A-6
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Board itemizing the quantity and classification of waste by
shipping ticket number. This summary shall be submitted
monthly regardless of the number of shipments made during the
month. On-site generators who dispose of Class I or Class II
waste may be required to compile an Annual Disposal Summary
from their records to be submitted to the Texas Water Quality
Board.
• Enforcement. Legal enforcement is based on the authority of
the Texas State Department of Health, and the Texas Water
Quality Board.
A.1.11 Washington. Based on an extrapolation of proposed draft
regulations:
• Manifest System. It is the responsibility of the generator
of the waste to fill out the manifest, as supplied with the
generator's name and address, the origin, quantity, quality,
maximum and minimum percentages of the components, measures
to be taken in case of an accident, and other data as re-
quested by the Department. The requirements for the manifest
include notifying the disposal site operator, preparing the
hazardous waste for shipment by compliance with the Utilities
and Transportation Commission, and the Department of Trans-
portation. The original of each manifest is given to the
transporter, and written notification of each transfer is
sent to the Department. Manifest information is contained
under Section WAC 173-302-80 and WASC 173-302-190. Treaters
are considered as generators when the treatment process only
partly treats an environmentally hazardous waste.
• Enforcement. Enforcement of hazardous waste regulations
is enumerated under Hazardous Waste Disposal, Section RCW
70.105.080. The authority of enforcement is carried out by
the Department and is enforceable under penalty.
A.2 Regulations Applicable to Transporters
The following is a summary of regulations which have been pro-
mulgated by states for the management of hazardous wastes as they re-
late to the responsibilities of the transporters of hazardous wastes.
A.2.1 California. Based on the revised regulations for
hazardous waste (State of California, 1977a):
A-7
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Permit System (Registration). Although not operated as a
permit system, all transporters of hazardous waste must ap-
ply for registration as a hazardous waste hauler. Persons
registered by the State Water Resources Control Board as
liquid haulers will be registered as hazardous waste haulers
by reciprocity upon signing a statement certifying that the
applicant understands and will comply with applicable re-
quirements. The Director retains the authority to suspend
or revoke registration as a hauler of hazardous wastes.
Manifest System. The hauler may not accept hazardous wastes
unless the manifest has been completed and signed by the gen-
erator of the waste. After completing the Hauler and Waste
section of the manifest, the hauler shall have a copy of the
completed manifest while transporting the hazardous waste
and shall provide the operator of the disposal site with a
copy. Haulers transporting hazardous waste into or out of
the state shall retain a completed copy of the manifest while
in transit. Haulers transporting hazardous wastes out of
state shall forward to the Department a copy of the manifest
completed by the producer, the hauler, and the disposer.
Recordkeeping. Hazardous waste haulers shall maintain re-
cords for at least three years on the character and quantity
of waste transported, to include pertinent information on
the producer and disposer.
Reporting. The hauler is to submit to the Department a copy
of the manifest completed by the producer, hauler, and fa-
cility operator for each load of hazardous waste transported
out-of-state within 30 days of the date that the load is
transported. In addition, the hauler shall comply with re-
porting requirements, as indicated by the California Highway
Patrol regarding the transportation of hazardous materials.
Under Section 60263, haulers of hazardous wastes are obliga-
ted to report, within 24 hours, any accidents or incidents
which could result in adverse effects, or the discharge of
hazardous wastes outside of the designated disposal area.
A written report of the incident may also be requested.
Inspection. The Director of the Department is authorized
to inspect any vehicle suspected of transporting hazardous
wastes and to obtain samples of the waste in transport.
Enforcement. The requirements of compliance are to be
enforced by the Director or any authorized representative.
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A.2.2 Maryland. Based on Title 08 Department of Natural
Resources, Subtitle 05 Water Resources Administration, Section
08.05.05 Control of the Disposal of Designated Hazardous Substances:
• Permit System (Certification). The transporter shall submit
a request for certification providing information on the na-
ture and quantity of hazardous waste transported, the source
and destination of the waste, the method of transport, and
specific information on the transport vehicle. Certification
shall be carried in the vehicle at all times.
• Manifest System. The transporter must provide a copy of
the manifest to the facility operator.
• Reporting. The transporter must report periodically on the
source, destination, volume, and nature of hazardous waste
transported.
• Enforcement. Violation shall be subject to the civil and
criminal liabilities as specified in the Natural Resources
Article, Annotated Code of Maryland.
A.2.3 Minnesota. Based on the Proposed Rules from the
Pollution Control Agency for the Disposal of Hazardous Waste:
• Permit System. All transporters are required to register
with the Agency and obtain an identification number prior to
transporting hazardous wastes.
• Manifest System. The transporter shall not accept any
shipment of hazardous waste unless it is accompanied by
generator copies of the hazardous waste shipping papers. The
transporter shall sign the shipping papers, retain one copy,
and shall return one copy to the generator after re-
linquishing possession of the waste.
• Recordkeeping. The transporter shall maintain a copy of the
shipping papers for five years.
• Reporting. Accidents and/or spills are to be reported to the
Agency.
• Enforcement. The Minnesota Pollution Control Agency is
designated as the agency responsible for enforcement of the
proposed regulations.
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A.2.4 Missouri. Based on the Missouri Hazardous Waste Man-
agement Law HB 318:
• Permit System (License). Transporters must obtain a license
from the Department of Natural Resources demonstrating that
their equipment and operations meet Federal hazardous
materials safety standards. Demonstration of financial re-
sponsibility and annual fees up to $100 per year may be re-
quired.
• Manifest System. The manifest shall accompany the waste in
transport, and a copy will be retained by the transporter.
Transporters may accept only shipments of hazardous waste ac-
companied by a manifest.
• Enforcement. Enforcement of the law is the responsibility of
the Department of Natural Resources. The Highway Patrol and
other law enforcement agencies are empowered to arrest and
retain transporters violating any transportation provisions
of the law.
A.2.5 Montana. Based on the 1977 Montana State Plan For Solid
Waste and Hazardous Waste Management and Resource Recovery (State of
Montana, 1977), and the Montana Solid Waste Management Act:
• Permit System (License). Each person or business which is
involved in the transport of hazardous materials must be
licensed by the State Department of Health and Environmental
Sciences.
• Manifest System. The transporter of hazardous wastes shall
complete the appropriate sections of the manifest form.
• Recordkeeping. All transporters of hazardous waste shall
maintain records concerning the wastes transported.
• Enforcement. Enforcement of the plan for hazardous waste
management is carried out through the authority of the Mon-
tana Department of Health and Environmental Sciences.
A.2.6 Oklahoma. Based on the contents of Rules and Regulations
for Industrial Waste Management (State of Oklahoma, 1977):
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• Permit Systems. Transporters of industrial wastes must be
licensed by the Department.
• Manifest System. The generator of the waste shall provide a
copy of the manifest. The drivers shall have the manifest in
their possession while carrying the waste and shall sur-
render the manifest to the disposer at the time of delivery.
• Reporting. The transport of industrial wastes into Oklahoma
shall be in accordance with reciprocity agreements, approved
by the Director of the Controlled Industrial Waste Management
Section and by the Governor.
• Enforcement. Legal enforcement is based on the authority
granted under the Oklahoma Industrial Waste Disposal Act,
Title 63.
A.2.7 Oregon. Based on Oregon Hazardous Waste Management
Regulations (State of Oregon, 1976):
• Permit System. Transportation of hazardous wastes shall be
in compliance with the rules of the Public Utility Com-
missioner of Oregon and other local, State, or Federal
agencies.
• Manifest System. Transporters shall be required to deliver
hazardous wastes to a site named in the manifest.
• Enforcement. Both the existing and proposed regulations are
enforceable under the authority of the Department of En-
vironmental Quality.
A.2.8 Texas. Based on Texas Regulation on Industrial Solid
Waste Management (State of Texas, 1975) and Municipal Solid Waste
Management Regulations (State of Texas, 1977a):
• Manifest System. The carrier receiving industrial wastes for
shipment will complete Part II of the shipping ticket and de-
liver the waste materials and shipping ticket to the de-
signated destination. Upon delivery, the carrier shall ob-
tain the signature of the receiving waste manager or other
authorized representative. The carrier shall return the
original to the shipper and retain the final copy for his
records.
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• Recordkeeping. Shippers shall keep records of Class I waste
and shall compile a monthly Off-Site Disposal Summary from
their copies of shipping tickets. For on-site disposal,
shippers shall keep records of Class II waste shipped without
shipping tickets. These records must include, as a minimum,
the carrier identity, date of shipment, and the waste de-
scription and quantity.
• Reporting. Carriers and shippers shall compile a monthly
Off-Site Disposal Summary from their copies of shipping
tickets to be submitted to the Texas Water Quality Board.
The quantity and classification of waste shall be itemized
by shipping ticket number.
• Enforcement. Legal enforcement is based on the authority
of the Texas State Department of Health, and the Texas Water
Quality Board.
A.2.9 Washington. Based on an extrapolation of Hazardous Waste
Regulations WAG 173-302:
• Manifest System. It is the responsibility of the transporter
to follow all existing requirements of the Utilities and
Transportation Commission and the Department of
Transportation. In addition, the transporter must transport
the manifest with the waste and must deliver the manifest
along with the waste to the treater or disposer. The
transporter shall accept a separate manifest for each
chemically separate and distinct waste being shipped.
• Reporting. Following an accident or spill, the transporter
shall follow procedures as indicated on the back of the man-
ifest.
• Inspection. The transporter shall inspect the vehicle after
unloading to insure it has been rinsed and cleaned and that
all of the delivered material has been transferred.
• Enforcement. Hazardous materials delivered out-of-state,
or within the state are subject to the authority of the
department.
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A.3 Regulations Applicable to Off-Site Storers, Treaters, and
Disposers
The following is a summary of state regulations for the manage-
ment of hazardous wastes as they relate to the responsibilities of
the off-site storers, treaters, and disposers of hazardous waste.
A.3.1 California. Based on the revised regulations for
hazardous waste (State of California, 1977a):
• Permit System. A permit is required to establish, operate,
or maintain a hazardous waste facility. In obtaining such a
permit, an application must be filed with the Department;
a report describing potential impacts to the environment may
be required. An operation plan is also required which shall
include the general characteristics and amounts of hazardous
waste handled or received; a list of equipment kept on-site;
a general description of operational procedures; a descrip-
tion of procedures for closure of the site; a map of the
facility with specifications; and a contingency plan for
emergencies or accidents. Before a permit can be issued, the
regional water quality control board must issue discharge re-
quirements. Among the conditions to be met is a review of
the permit at least every five years. The operator of a dis-
posal facility shall comply with permit modifications as is-
sued by the Department. The Department has the authority to
modify, suspend, or revoke a permit. Wastes considered as
extremely hazardous will be regulated by permit in a similar,
but distinctly separate manner in order to distinguish them
from other hazardous wastes. A permit for recurring
disposal of extremely hazardous wastes, valid for up to 12
months, will be available for extremely hazardous waste that
is routinely produced.
• Manifest System. The operator of an off-site hazardous waste
facility will inspect the delivered wastes before accepting
them to assure that they are essentially the same as indi-
cated by the producer on the manifest. After completing the
Disposer of Waste section, copies of the manifest are for-
warded to the Department on a monthly basis.
• Recordkeeping. Hazardous waste facility operators shall
maintain records for at least three years on the character
and quantity of waste received, hauled, or stored at the
site; information on the producer, hauler, and processor; and
a grid showing the location of disposal at the site.
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• Reporting. Article 6, Section 60259, provides for the
generation of monthly reports by the operator of off-site
hazardous waste facilities. These reports are to include the
amount of fees due and payable to the Department; informa-
tion on the individual amounts of hazardous waste delivered
through separate copies of the completed manifest; and a
report collectively summarizing the quantities of hazardous
waste disposed of for the previous month. Records of hazard-
ous waste delivered by pipeline or disposed on-site should
contain the same information as requested in the generator's
copy of the manifest and are to be submitted to the
Department on a monthly basis. Operators of hazardous waste
facilities shall report within 24 hours any incident
affecting public health and safety, wildlife, or incidents
that could adversely affect any area other than that of the
designated disposal site. A written report may be required
by the Department.
• Inspection. The Director is authorized to inspect a factory,
plant, construction site, waste disposal site, or transfer
station and to obtain samples or conduct tests. The
inspector is authorized to prepare a report listing any
deficiencies found during the inspection, with a copy to be
provided to the operator of the facility. If corrections are
needed, the operator will provide a written plan of
correction, stating actions to be taken and the dates of
completion. Under the request of the inspector, the operator
of the facility being inspected shall retain evidence as
instructed by the inspector.
• Enforcement. The requirements of compliance are to be
enforced by the Director or any authorized representative.
A.3.2 Georgia. Based on Guidelines for the Management of
Hazardous Solid Waste, (State of Georgia, 1977):
• Permit System. As required in the solid waste regulations,
a geologic and engineering report must be approved by the
state for the operation of any disposal site. A permit is
also required to store hazardous wastes or to send them
out-of-state.
• Recordkeeping. A record or log of disposal activities is
required of the site operators to include the characteristics
and amounts of the hazardous waste, the date of disposal,
the location of burial in the site, and other data as
determined by the Environmental Protection Division.
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• Monitoring. At least one groundwater monitoring well will
be required at a site. The Division requires initial water
samples prior to the start of operation, quarterly samples
from nearby water supply wells, and periodic samples from
nearby surface waters.
• Enforcement. Enforcement is promulgated under the author-
ity of Act 1486, Solid Waste Management Act, Georgia Laws
of 1972, as amended.
A.3.3 Illinois. Based on various permit applications and forms
related to the management and disposal of "special wastes", as
regulated by the Division of Land Pollution Control, Illinois
Environmental Protection Agency:
• Permit Systems. Land disposal sites are subject to the
Illinois Solid Waste Rules and Regulations which require a
land disposal site operator to obtain an operating permit
from the Agency. Prior to granting a permit, each site
is reviewed relative to suitability and safety. For each
special waste disposed at the site, an additional permit
is needed. These supplemental permits are required for
each separate special waste and include a detailed chemical
analysis of the waste and information concerning the waste
hauler, generator, and method of disposal.
• Manifest System. The disposer is required to file a permit
application to allow the disposal of hazardous wastes at a
permitted disposal site. This permit is to be matched up
with the generator-permit copy.
• Recordkeeping, Reporting, Inspections, and Monitoring.
At present only one site is authorized to accept the dis-
posal of hazardous wastes. This site is fully monitored
by the Illinois Environmental Protection Agency. Records
are kept on monitoring data and on emergency incidents.
• Enforcement. Although there are no formalized regulations
at this time, the enforcement of the system is carried
out through the authority of the Illinois Environmental
Protection Agency, Division of Land Pollution Control.
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A.3.4 Maryland. Based on Title 08 Department of Natural
Resources, Subtitle 05 Water Resources Administration, Section
08.05.05 Control of the Disposal of Designated Hazardous Substances:
• Permit System. A person proposing to construct, operate,
or maintain a facility shall submit a preliminary report
to the Administration showing geographical location, de-sign
objective, disposal and storage methods, and support-ing
site-specific data or studies to include geological
conditions, surface and groundwater conditions, soil anal-
yses, monitoring systems, treatment and pretreatment pro-
cedures, personnel employed, and equipment utilized. An
application shall be submitted to the Administration to
determine the adequacy of a facility based on the informa-
tion in the preliminary report. A review period for com-
ment by other state agencies shall be accorded as well as
the opportunity for a public hearing. Upon review by the
Administration, a permit may be issued for a term not to
exceed 3 years and is to include requirements for monitoring,
reporting, and bonding.
• Manifest System. The manifest shall be retained by the site
operator and presented upon request to the Administrator.
• Monitoring and Reporting. The Administration shall require
the installation of monitoring stations and may require
periodic sampling and analysis. The collected data shall
be submitted to the Administration upon request. Monitor-
ing and reporting should be consistent as required by other
State agencies. Monitoring and reporting requirements may
be required as a condition of permit approval.
• Enforcement. Violation shall be subject to the civil and
criminal liabilities as specified in the Natural Resources
Article, Annotated Code of Maryland.
A.3.5 Minnesota. Based on the Proposed Rules from the
Pollution Control Agency for the Disposal of Hazardous Wastes:
• Permit System. A permit is required to construct or operate
a hazardous waste facility. The operator, storer, or treater
of a facility shall submit a report presenting information
on the subsurface conditions, existing land use, physical
features, drainage patterns, groundwater quality, and any
other information as required by the Agency.
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• Manifest System. The operator shall obtain the completed
shipping papers from the generator or transporter and
shall sign these to verify acceptance of the waste. The
papers shall be signed a second time upon actual
disposition, and the original shall be returned to the
generator.
• Recordkeeping and Reporting. The facility operator shall
submit monitoring reports on a quarterly basis and shall
file monthly summaries identifying the quantity of waste
managed, the names of generators, and the identity of types
of hazardous waste managed. A log shall be kept, to be
submitted upon request, containing the dates of shipment
arrival, shipment number, names of generators, names of
transporters, location of site disposal, and the date of
actual disposal or of transport from the facility.
• Monitoring. A site monitoring plan must be approved by the
Agency before hazardous materials can be stored or accepted
for disposal.
• Enforcement. The Minnesota Pollution Control Agency is
designated as the agency responsible for enforcement of the
proposed regulations.
A.3.6 Missouri. Based on the Missouri Hazardous Waste
Management Law HB 318:
• Permit System. Facility owners or operators must obtain a
permit from the department and must operate their facility
in accordance with the law, regulations, and any special
conditions the department writes into the permit. Demon-
stration of financial responsibility is required and annual
fees up to $1,000 per year per facility permit are provided.
The department will hold a public hearing, on request, in
the area of the facility's location, prior to issuing the
permit.
• Manifest System. A copy of the manifest shall be retained
by the facility operator. Facility operators or owners may
accept only shipments of hazardous waste accompanied by a
manifest.
• Recordkeeping, Reporting, Inspection, and Monitoring.
Facility owners or operators must operate their facility
in accordance with the law, regulations, and any special
conditions that the department writes into the permit.
Monthly reports are required.
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• Enforcement. Enforcement of the law is given to the De-
partment of Natural Resources. Intentional falsification
of information or records is subject to fine and/or impris-
onment .
A.3.7 Montana. Based on the 1977 Montana State Plan for Solid
Waste and Hazardous Waste Management, and Resource Recovery (State of
Montana, 1977), and the Montana Solid Waste Management Act:
• Permit System. All hazardous waste management facilities
are required to be licensed by the state, with the issuance
of a license contingent upon approval of site characteris-
tics, engineering designs, and operational plans. Special
permits may also be granted for the disposal of small
quantities of nonpersistent or low toxicity Group I wastes
in approved disposal sites when no other disposal method is
economically feasible.
• Manifest System. All storers, treaters, and disposers of
hazardous wastes are to comply with the manifest system.
• Recordkeeping and Reporting. Storers, treaters, and
disposers of hazardous materials shall be required to keep
records and submit reports to include the identification of
the location of each disposal area and the waste types
disposed.
• Monitoring. To be in compliance with EPA requirements.
• Enforcement. Enforcement of the plan for hazardous waste
management is carried out through the authority of the
Montana Department of Health and Environmental Sciences.
A.3.8 Oklahoma. Based on the contents of Rules and Regulations
for Industrial Waste Management (State of Oklahoma, 1977):
• Permit System. Permits are required for the construction
and/or operation of industrial waste disposal sites.
Construction permits require that a public hearing be held,
that insurance liability be posted, that a performance board
for monitoring and maintenance be posted, and that an
engineering report accompany the application. An operational
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permit is issued based on an inspection by the Department.
Issuance of the permit is contingent on monitoring, safety,
and personnel compliance as required by the Department.
• Manifest System. The operator of each industrial disposal
site shall include a certified copy of each shipping report
in the monthly report to the Department.
• Recordkeeping. See Reporting.
• Reporting. Monthly operational reports shall be submitted
to the Department listing the amount, transporter, and
procedures of all controlled waste received. The operator
shall also include a certified copy of each shipping report
in the monthly report.
• Inspection. As specified in the Oklahoma Controlled Indus-
trial Waste Disposal Act, the Department shall make periodic
inspections of disposal facilities and sites.
• Monitoring. Air and water monitoring of the site may be
required by the Department. In the case of injection well
disposal, monitoring wells must be approved by the Depart-
ment. Requirements are also included for the monitoring of
closed facilities.
• Enforcement. Legal enforcement is based on the authority
granted under the Oklahoma Industrial Waste Disposal Act,
Title 63.
A.3.9 Oregon. Based on Oregon Hazardous Waste Management
Regulations (State of Oregon, 1976):
• Permit System. The Department may authorize the disposal of
specified hazardous wastes at specified solid waste disposal
sites after a determination that such disposal will not pose
a threat to public health and safety. A license from the
department is required by any party planning to construct or
operate a hazardous waste disposal facility. The applicant
must demonstrate financial responsibility and a plan of man-
agement to include an engineering report and description of
hydraulic conditions.
• Manifest System. Each hazardous waste collection site
licensee shall be required to participate in the manifest
system.
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• Recordkeeping. Each hazardous waste collection site licensee
shall be required to maintain records of any hazardous waste
stored at the site and the manner of storage, transport, and
disposal.
• Reporting. Each hazardous waste collection site licensee
shall report periodically to the department on types and
volumes of wastes received and their manner of deposition.
• Inspection. The department is authorized to investigate
the operation of any hazardous waste disposal site that it
believes to be unsafe.
• Monitoring. The department shall establish and operate
a monitoring and surveillance program over all hazardous
waste disposal and collection sites.
• Enforcement. Both the existing and proposed regulations
are enforceable under the authority of the Department of
Environmental Protection.
A.3.10 Texas. Based on Texas Regulation on Industrial Solid
Waste Management (State of Texas, 1975), and Municipal Solid Waste
Management Regulations (State of Texas, 1977a):
• Permit System. A permit from the Texas Water Quality
Board is required for the construction, development, or
operation of a commercial industrial solid waste disposal
site. Permit issuance shall depend on the approval of
engineering plans and specifications, operating procedures,
and a staffing pattern including the qualifications of all
key operating personnel. These plans should be sufficient
to allow for compliance with all pertinent state and local
air, water, and solid waste statutes and regulations. A
public hearing shall be held on each permit application and
a bonding requirement will be established upon issuance of
a permit.
• Manifest System. The receiver of the waste shipment will
complete Part III of the shipping ticket and retain one copy
for his records, returning the original and one copy to the
carrier.
• Recordkeeping. All copies of shipping tickets and records
of off-site disposal shall be retained for a minimum of
three years and shall be kept readily available for review
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upon request by the Texas Water Quality Board staff. For
purposes of identifying the waste materials so that a waste
classification code may be assigned, a chemical analysis and
a written description may be required, and/or samples may be
required for analysis.
• Reporting. Receivers of Class I waste shall compile a
monthly Receipt Summary from their copies of shipping
tickets to be submitted to the Texas Water Quality Board.
• Enforcement. Legal enforcement is based on the authority of
the Texas State Department of Health, and the Texas Water
Quality Board.
A.3.11 Washington. Based on an examination of Hazardous Waste
Regulations WAC 173-302:
• Permit System. At present there is only one disposal fa-
cility in the state that is authorized to accept hazardous
wastes. According to the existing legislation, the operat-
ing requirements for this site are set in a yearly operating
plan. A contract between the State and the operator deline-
ates the legal and financial requirements. Environmental,
security, safety, emergency, and personnel requirements are
reflected.
• Manifest System. Treaters of environmentally hazardous waste
are encouraged to use the manifest. A manifest number is to
be assigned in accordance for multiple shipments of similar
wastes from a single generator, shipments of similar wastes
from similar generators, emergency shipments, and unique
wastes not identified in the yearly operating plan. The
operator of the disposal site, after signing the manifest,
shall send written notification of each manifest to the
department at the time of delivery.
• Recordkeeping. The operator is to maintain survey records
at the site for each burial trench and evaporation pond.
These records are to include: the dimension of the trenches
and ponds; its relation to the bench mark and monument; the
volume and type of waste buried; and the dates of burial.
• Reporting. The operator of the disposal site is to include
in the reports to the Department copies of all environmental
sampling results during the previous quarter; telephone and
written accounts of accidents or emergencies; financial re-
ports; and copies of all written requests (including
unnumbered manifests) for disposal.
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• Inspection. The Department is authorized to inspect the
disposal site and its facilities, to take samples of any
waste, to sample by the drilling of test wells, and to
inspect any records relating to the operation.
• Monitoring. Monitoring is required as indicated under
Section WAG 173-302-280 and is specified in the yearly
operational plan. Monitoring efforts of the site shall
include that of on-site dry test well monitoring; burial
trench and evaporation pond monitoring; sampling of par-
ticulates and gases; sampling of vegetation and resident
vertebrate populations; and additional monitoring as
specified in the operating plan.
• Enforcement. Enforcement of hazardous waste regulations
is enumerated under Hazardous Waste Disposal, Section RCW
70.105.080. The authority of enforcement is carried out
by the department, and is enforceable under penalty.
A.4 Examples of Other State Control Mechanisms
This section discusses selected examples of mechanisms used by
states to control hazardous wastes in the absence of specific
hazardous waste legislation.
A.4.1 Nebraska. There are no regulations specifically for the
disposal of hazardous wastes at this time; however there are
guidelines for the disposal of pesticides, pesticide containers, and
pesticide-related materials. For the disposal of large amounts of
pesticides or pesticide-related wastes, the Department of
Environmental Control must be notified in writing giving the type,
amount, composition, containerization, and location of
pesticide-related materials. The Department will select a location
for disposal and devise an operational plan to be followed by the
operator of the site. If no sites within the State are able
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to handle the wastes, the Department will advise the generator about
out-of-state sites (State of Nebraska, 1977).
A.4.2 Utah. Although there is no legislation at present spe-
cifically for the management of hazardous wastes, Utah has de-
veloped an interpretation of the solid waste disposal regulations for
hazardous and special waste disposal. Basically, this interpreta-
tion provides that a hazardous waste disposal area may be designa-
ted within a sanitary landfill providing adequate measures are taken
to protect the public, the operating personnel, and the environment.
Issuance of approval for disposal of hazardous waste depends on the
physical location of the hazardous waste disposal area so as to avoid
interfering with normal landfill operations, including the proper
attention to pertinent geological data. Precautions are to be taken
to protect the public from inadvertent exposure to hazardous or
contaminated wastes and to protect all surface and groundwaters.
Long-range plans are required to ensure that deposited wastes will
not require relocation at a future time.
Optional requirements for the disposal of hazardous wastes con-
sider the type of waste, total volume, solubility, volatility, pres-
ence of noxious fumes, degradation rates, and related factors. A
permanent record is to be kept by the responsible agency containing
information on the exact composition, amounts, and location of depos-
ited hazardous wastes. Accidents, spills, exposure to chemicals or
insecticides, or disturbance of buried hazardous wastes must be
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reported to the local health department and the State Division of
Health (State of Utah, 1974).
A.5 Hazardous Waste Legislation for the U.S. Territories
A.5.1 Territory of Guam. The territorial statutes affecting
hazardous waste management include (Garretson et al., 1978):
• Public Law 14-37. this law defines hazardous wastes and
authorizes an investigation to set standards for the storage,
treatment, and disposal of such wastes. Handling of hazard-
ous waste in any manner that would degrade the environment or
create a health or safety problem is prohibited.
• Draft Pesticide Regulations. This regulation (based upon
the U.C. Guam Pesticide Act) prohibits storage or disposal of
pesticides in any manner that might create a hazard. Reus-
able empty containers may only be refilled with the same pes-
ticide that was initially contained, unless authorized for
other reuse by the Administrator, Guam Environmental Protec-
tion Agency; and unusable empty containers must be cleaned,
crushed, and buried at least one foot deep and away from any
ground water supply.
A.5.2 Territory of American Samoa. The territorial statues
affecting hazardous waste management include (Garretson et al. 1978):
• Title 13 - Conservation, Chapter 1, Environmental Quality
Act. This act is designed to achieve and maintain levels of
air and water quality that will protect human health and
safety and prevent injury to plant and animal life and
property. The act establishes an Environmental Quality
Commission and confers upon it the authority to adopt
regulations implementing this chapter.
• Title 20 - Harbors and Navigations, Chapter 13, Health and
Safety, Section 1411. This section probits the discharge of
refuse, sludge, acid, or any other matter of any kind into
any harbor or stream flowing into the harbor. Section 1412
prohibits the discharge to any harbor of oil sludge, waste
oil, fuel oil, bilge water, or any other waste which may
cause contamination of harbor waters.
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A.5.3 Trust Territory of the Pacific Islands. The territorial
statutes affecting hazardous waste management include (Garretson et
al., 1978):
• Public Law 4C-78 (63 TTC 505 et seq.). This law grants
authority to the Trust Territory Environmental Protection
Board to promulgate regulations with respect to air, land,
and water pollution.
• Title 63, Chapter 13, Subchapter IV, Trust Territory
Pesticide Regulations. This regulation prohibits the use,
storage, transportation, mixing, or discarding of any pes-
ticide or pesticide container in any manner which would
adversely affect the environment.
A.5.4 Puerto Rico.
• Enabling legislation was approved under the "Puerto Rico
Solid Waste Management Authority Act" on June 23, 1978.
Included in the authority of this act is the provision to
regulate facilities for the processing, recovery, and dis-
posal of toxic or hazardous solid waste (Commonwealth of
Puerto Rico, 1978).
A.5.5 The U.S. Virgin Islands. The territorial statutes
affecting hazardous waste management include (Territory of the
Virgin Islands of the United States, 1978):
• (Bill No. 7932) Proposed Amendments to "Solid and Hazardous
Waste Management," Title 19, Chapter 56. Hazardous wastes
are specifically addressed under Section 1558. The enabling
authority to regulate hazardous wastes is directed to the
Commission of Public Works. Authority over the storage,
transport, and disposal is specifically indicated, and the
authority to develop regulations including criteria for and
listing of hazardous wastes, standards, permit requirements,
and authority over both on and off-site waste generation is
included.
• Within the various other sections of the Act is the authority
to issue permits, require recordkeeping, inspect a facility,
and enforce any rule or regulation under the penalty of fine
and/or imprisonment. The authority to require a manifest is
also within the scope of the Act.
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APPENDIX B
PROPOSED SUBTITLE C REGULATIONS
SUBPART A - CRITERIA, IDENTIFICATION, AND LISTING OF
HAZARDOUS WASTE
250.10 Purpose and Scope
250.11 Definitions
250.12 Criteria
(a) Identifying Characteristics
(b) Listing
(c) Applicability
250.13 Hazardous Waste Characteristics
(a) Characteristics
(1) Ignitable Waste
(2) Corrosive Waste
(3) Reactive Waste
(4) Toxic Waste
(b) Identification Methods
(1) Ignitable Waste
(2) Corrosive Waste
(3) Reactive Waste
(4) Toxic Waste
(5) Sampling Methods
250.14 Hazardous Waste Lists
(a) Lists
(1) Hazardous Wastes
(2) Hazardous Waste Processes and Sources
(b) Relief from Listing
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250.10 PURPOSE AND SCOPE
(a) These regulations are published pursuant to Section 3001 of the
Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act (42 USC 6921) which requires the Administrator to desig-
nate criteria for identifying characteristics of hazardous waste and
for listing hazardous wastes, to identify such characteristics for,
and to list, hazardous wastes.
(b) The purpose of this regulation is to describe the characteris-
tics and lists against which a waste generator, transporter, or
owner/operator of a waste treatment, storage, or disposal facility
must determine if the waste he handles is a hazardous waste subject
to the regulations of this Part.
(c) Any person who generates, transports, treats, stores, or dis-
poses of a waste, which is ignitable, corrosive, reactive, or toxic
(as defined in this Subpart), or which is listed in Section 250.14 of
this Subpart, or who elects to consider his waste to be hazardous,
shall comply with the regulations of this Part, in the transport,
storage, treatment, handling, and disposal of that waste, except as
noted below:
(1) Agricultural wastes including manures and crop residues,
which are returned to the soil as fertilizers or soil condi-
tioners are not subject to these regulations.
(2) Overburden resulting from mining operations and intended
for return to the mine is not subject to these regulations.
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(3) Pursuant to Section 1006 of the Act (42 USC 6905), for the
purpose of administrative efficiency, sewage sludge from pub-
licly owned treatment works which is managed pursuant to the
guidelines of Section 405(b) and (d), of the Clean Water Act, in
a manner consistent with the goals and policies expressed in the
Act and its associated regulations, is not subject to these reg-
ulations .
250.11 DEFINITIONS
For the purpose of this subpart, all terms not defined herein
take the meaning given in the Act. (Some terms (marked by *) are re-
peated from the Act for the convenience of the reader.)
(a)* The term "disposal" means the discharge, deposit, injection,
dumping, spilling, leaking, or placing of any solid waste or hazard-
ous waste into or on any land or water so that such solid waste or
hazardous waste or any constituent thereof may enter the environment
or be emitted into the air or discharged into any waters, including
ground waters.
(b) The term "equivalent method" means any testing method which the
Administrator determines to be functionally equivalent to the method
specified.
(c)* The term "hazardous waste" means a solid waste, or combination
of solid wastes, which because of its quantity, concentration, or
physical chemical, or infectious characteristics may -
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(1) cause, or significantly contribute to an increase in
mortality or an increase in serious irreversible, or incapaci-
tating reversible, illness; or
(2) pose a substantial present or potential hazard to human
health or the environment when improperly treated, stored,
transported, or disposed of, or otherwise managed.
(d) The term "other discarded material" in 250.11(g) means any
material which:
(1) is not re-used (that is, is abandoned or committed to final
disposition), or
(2) re-used
(i) if such use constitutes disposal (as defined herein),
or
(ii) if listed below:
(A) used lubricating, hydraulic, transmission, trans-
former, or cutting oil unless such oil meets the
requirements of 250.56-1.
(e) The term "publicly owned treatment works" or "POTW" means a
treatment works as defined by Section 212 of the Clean Water Act
(CWA), which is owned by a State or municipality (as defined by Sec-
tion 582(4) of the CWA). This definition includes any sewers that
convey wastewater to such a treatment works, but does not include
pipes, sewers or other conveyances not connected to a facility provi-
ding treatment. The term also means the municipality as defined
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in Section 502(4) of the CWA, which has jurisdiction over the indi-
rect discharges to and the discharges from such a treatment works.
(f) The term "representative sample" means any sample of the waste
which is statistically equivalent to the total waste in composition,
and in physical and chemical properties.
(g)* The term "solid waste" means any garbage, refuse, sludge from a
waste treatment plant, water supply treatment plant, or air pollution
control facility and other discarded material, including solid, liq-
uid, semisolid, or contained gaseous material resulting from indus-
trial, commercial, mining, and agricultural operations, and from com-
munity activities, but does not include solid or dissolved material
in domestic sewage, or solid or dissolved materials in irrigation
return flows or industrial discharges which are point sources subject
to permits under Section 402 of the Federal Water Pollution Control
Act, as amended (86 Stat. 880), or source, special nuclear, or by-
product material as defined by the Atomic Energy Act of 1954, as
amended (68 Stat. 923).
(h) The term "triple rinsed" means the flushing of containers three
times, each time using a volume of diluent at least equal to approxi-
mately ten percent of the container's capacity.
250.12 CRITERIA
(a) Identifying Characteristics
The characteristics of hazardous waste set out in Section 250.13
may be identified using the following criteria:
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(1) identification of the characteristic in the Act
(2) damage incident(s) indicating that the characteristic is
harmful to human health or the environment
(3) identification of the characteristic by other organizations
which regulate or recommend management methods for hazardous
substances.
(4) significance of the hazard posed by the characteristic
(5) availability of test protocols for the presence of the
characteristic
(b) Listing
(1) A solid waste may be listed as hazardous under any of the
following conditions:
(A) The solid waste has any of the characteristics defined
in this Subpart.
(B) The solid waste causes or significantly contributes to
an increase in serious irreversible, or incapacitating
reversible, illness.
(C) The solid waste may pose a substantial present or po-
tential hazard to human health or the environment when im-
properly treated, stored, transported, or disposed of, or
otherwise managed.
(2) The petition by a State governor (under Section 3001(c) of
Pub. L. 94-580) or by a person (under Section 7004(a) of Pub. L.
94-580) to list a waste may be granted.
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250.13 HAZARDOUS WASTE CHARACTERISTICS
(a) Characteristics
(1) Ignitable Waste - A solid waste is an ignitable waste if a
representative sample of that waste:
(i) In a liquid state has a flash point less than 60 C
(140 F) determined by the method cited in Section 250.13(b)
of this Subpart or an equivalent method; or under condi-
tions incident to the management of the waste from which
the sample was taken is liable to cause fires through fric-
ti n, absorption of moisture, spontaneous chemical changes,
or retained heat from manufacturing or processing; or when
ignited burns so vigorously and persistently as to create a
hazard during its management.
(ii) is a compressed gas as defined in 49 CFR 173.300, or
(iii) is an oxidizer as defined in 49 CFR 173.151.
(2) Corrosive waste - A solid waste is a corrosive waste if a
representative sample of the waste:
(i) is aqueous and has a pH less than or equal to 3 and
greater than or equal to 12 as determined by the method
cited in Section 250.13(b) or an equivalent method, or
(ii) has a corrosion rate greater than 0.250 inch per year
on steel (SAE1020) at a test temperature of 130 F as deter-
mined by the method cited in Section 250.13(b) or an equiv-
alent method.
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(3) Reactive Waste - A solid waste is a reactive waste if it:
(i) Is normally unstable and readily undergoes violent
chemical change but does not detonate; reacts violently
with water, forms potential explosive mixtures with water,
or generates toxic fumes when mixed with water; or is a
cyanide or sulfide bearing waste which might generate toxic
fumes under mildly acidic or basic conditions.
(ii) is capable of detonation or explosive reaction but
requires a strong initiating source or which must be heated
under confinement before initiation can take place, or
which reacts explosively with water.
(iii) is readily capable of detonation or of explosive
decomposition or reaction at normal temperatures and
pressures.
(iv) is a forbidden explosive as defined in 49 CFR 173.51,
Class A explosive as defined in 49 CFR 173.53, or Class B
explosive as defined in 49 CFR 173.58.
NOTE: Such wastes include pyrophoric substances,
explosives, autopolymerizable material and oxidizing
agents. If it is not apparent whether a waste is a
reactive waste using this description, then the methods
cited in 250.13(b) of this chapter or equivalent meth-
ods can be used to determine if the waste is reactive
waste.
(4) Toxic Waste - A solid waste is a toxic waste if, according
to the methods specified in 250.13(b), the extract obtained from
applying the extraction procedure (EP) to a representative sam-
ple of the waste:
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(i) Has a concentration of any substance for which an EPA
Primary Drinking Water Standard has been established, which
is greater than or equal to 10 times that standard, as
shown below:
Contaminant
Drinking Water
Level,
Milligrams per Liter
Arsenic ................... .0.05
Barium ..................... 1.
Cadmium .................... 0.010
Chromium ................... 0.05
Lead ....................... 0.05
Mercury .................... 0.002
Selenium ................... 0.01
Silver ..................... 0.05
Endrin (1 ,2,3,4, 10,1 O-hexa-0. 0002
cloro-6,7-epoxy-l ,4,4a,5 ,
6, 7 , 8,8a-octahydro-l ,
4-endo, endo-5, 8-di-
methano naphthalene).
Lindane (1,2,3,4,5,6- 0.004
hexachlorocyclohexane
gamma isomer) .
Methoxychlor (1,1,1- 0.1
Trichloroethane) .
2,2-bis (p-methoxyphenyl)
0.005
Toxaphene
technical chlorinated
camphene, 67-69 percent
chlorine) .
2,4-D, (2,4-Dichloro-
phenoxyacetic acid).
2,4,5-TP Silvex (2,4,5-
Trichlorophenoxypro-
pionic acid).
0.1
0.01
Extract
Level,
Milligrams per Litre
0.50
10.
0.10
0.50
0.50
0.02
0.10
0.50
0.002
0.040
1.0
0.050
1.0
0.10
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(b) Identification Methods
(1) Ignitable Waste
(i) Flash point of liquids shall be determined by a
Pensky-Martens Closed Cup Tester, using the protocol spec-
ified in ASTM Standard D-93-72, or the Setaflash Closed
Tester using the protocol specified in ASTM standard
D-3278-73 or any other equivalent method as defined in this
Subpart.
(ii) Ignitable gases shall be determined by the methods
described in 49 CFR 173.300.
(2) Corrosive Waste
(i) pH shall be determined by a pH meter, using the pro-
tocol specified in the "Manual of Methods for Chemical
Analysis of Water and Wastes" (EPA-625-16-74 003).
(ii) Rate of metal corrosion shall be determined using the
protocol specified in NACE (National Association of Corro-
sion Engineers) Standard TM-01-69.
(3) Reactive Waste
(i) Thermally unstable wastes can be identified using the
Explosion Temperature Test cited in Appendix I (those
wastes for which explosion ignition or decomposition occurs
at 125 C after 5 minutes are classed as reactive wastes),
or by using the Thermal Stability Test cited in 49 CFR
173.51a.
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(ii) Wastes unstable to mechanical shock can be identified
using the Bureau of Mines Impact Test (U.S. Bureau of Mines
Bulletin 346 (1931), at a 25cm drop height, or the test
cited in 49 CFR 173.53(b).
(4) Toxic Waste
(i) Extraction Procedure
(A) Equipment
(I) An agitator which while preventing stratifi-
cation of sample and extraction fluid, also in-
sures that all sample surfaces are continuously
brought into contact with well-mixed extraction
fluid. (One suitable device is Associated Design
and Mfg. Co. Part , Alexandria, VA 22314).
(II) Equipment suitable for maintaining the pH
of the extraction medium at a selected value.
(B) Procedure
(I) Take a representative sample (minimum size
100 gms) of the waste to be tested. Separate
sample into liquid and solid phases. The solid
phase is defined as that fraction which does not
pass through a 0.4-0.5 micron filter medium under
the influence of either pressure, vacuum, or cen-
trifugal force. (See Appendix II for specific
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separation protocols.) Reserve the liquid frac-
tion under refrigeration 1-5 C (34-41 F) for
further use.
(II) The solid portion of the sample, resulting
from the separation procedure above or the waste
itself (if it is already dry), shall be prepared
either by grinding to pass through a 9.5mm (3/8")
standard sieve or by subjecting it to the struc-
tural integrity procedure, as described in
Appendix III.
(Ill) Add the solid material from paragraph II
to 16 times its weight of deionized water. This
water should include any water used during trans-
fer operations. Begin agitation and extract the
solid for 24 _+ 0.5 hours. Adjust the solution to
pH5 and maintain that pH during the course of the
extraction using 0.5N acetic acid, (see Appendix
IV). If more than 4 ml of acid, for each gm of
solid would be required to maintain the pH at 5,
then once 4 ml per gram of solid has been added,
complete the 24 hour extraction without adding
any additional acid. Maintain the sample between
20-30 C (68-86 F) during extraction.
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(IV) At the end of the 24 hour extraction
period, separate the sample into solid and liquid
phases as in Paragraph I. Adjust the liquid
phase with deionized water so that its volume is
20 times that occupied by a quantity of water at
4 C equal in weight to the initial sample of
solid (e.g., for an initial sample of Ig, dilute
to 20ml). Combine this liquid with the original
liquid phase of the waste. This combined liquid,
including precipitate which later forms from it,
is the Extraction Procedure extract.
(ii) Analysis - Analyses conducted to determine confor-
mance with Section 250.13(a)(4) shall be made in accordance
with the following or equivalent methods:
(A) Arsenic - Atomic Absorption Method, "Methods for
Chemical Analysis of Water and Wastes," pp. 95-96,
Environmental Protection Agency, Office of Technology
Transfer, Washington, D.C. 20460, 1974.
(B) Barium - Atomic Absorption Method, "Standard
Methods for the Examination of Water and Wastewater,"
13th Edition, pp. 210-215, or "Methods for Chemical
Analysis of Water and Wastes," pp. 97-98, Environ-
mental Protection Agency, Office of Technology Trans-
fer, Washington, D.C. 20460, 1974.
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(C) Cadmium - Atomic Absorption Method, "Standard
Methods for the Examination of Water and Wastewater,"
13th Edition, pp. 210-215, or "Methods for Chemical
Analysis of Water and Wastes," pp. 101-103, Environ-
mental Protection Agency, Office of Technology Trans-
fer, Washington, B.C. 20460, 1974.
(D) Chromium - Atomic Absorption Method, "Standard
Methods for the Examination of Water and Wastewater,"
13th Edition, pp. 210-215, or "Methods for Chemical
Analysis of Water and Wastes," pp. 112-113, Environ-
mental Protection Agency, Office of Technology Trans-
fer, Washington, D.C. 20460, 1974.
(E) Lead - Atomic Absorption Method, "Standard Meth-
ods for the Examination of Water and Wastewater," 13th
Edition, pp. 210-215, or "Methods for Chemical Analy-
sis of Water and Wastes," pp. 112-113, Environmental
Protection Agency, Office of Technology Transfer,
Washington, D.C. 20460, 1974.
(F) Mercury - Flameless Atomic Absorption Method,
"Methods for Chemical Analysis of Water and Wastes,"
pp. 118-126, Environmental Protection Agency, Office
of Technology Transfer, Washington, D.C. 20460.
(G) Selenium - Atomic Absorption Method, "Methods for
Chemical Analysis of Water and Wastes," p. 145,
B-14
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Environmental Protection Agency, Office of Technology
Transfer, Washington, B.C. 20460, 1974.
(H) Silver - Atomic Absorption Method, "Standard
Method for the Examination of Water and Wastewater,"
13th Edition, pp. 210-215, or "Methods for Chemical
Analysis of Water and Wastes," p. 146, Environmental
Protection Agency, Office of Technology Transfer,
Washington, D.C. 20460, 1974.
(I) Analyses made for Endrin, Lindane, Methoxychlor,
or Toxaphene shall be in accordance with "Method for
Organochlorine Pesticides in Industrial Effluents,"
MDQARL, Environmental Protection Agency, Cincinnati,
Ohio, November 28, 1973.
(J) Analyses for 2,4-D and 2,4,5-TP Silvex shall be
conducted in accordance with "Methods for Chlorinated
Phenoxy Acid Herbicides in Industrial Effluents,"
MDQARL, Environmental Protection Agency, Cincinnati,
Ohio, November 28, 1973.
(5) Sampling Methods: Methods for generating representative
samples of wastes to be tested are set out in Appendix V.
250.14 HAZARDOUS WASTE LISTS
(a) Lists
Any waste listed in 250.14(a)(l) or 250.14(a)(2) of this section
is a hazardous waste unless the generator can prove the waste does
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not meet the criteria for listing in this Subpart (i.e., I = Ignit-
able, C = Corrosive, R = Reactive, T = Toxic, AD = Administrator's
judgement) using the Test or identification methods described in
250.14(b) of this Subpart or equivalent methods.
NOTE: The process waste streams are listed by SIC code for ease of
reference only. The SIC classification of the industry generating
the waste has no effect on the listing of that process waste as
hazardous.
(1) Hazardous Wastes
Waste chlorinated hydrocarbons from degreasing operations
(AD,I)
Waste non-halogenated solvent (such as tnethanol, acetone,
isopropyl alcohol, polyvinyl alcohol, stoddard solvent and
methyl ethyl ketone) and solvent sludges from cleaning,
compounding milling and other processes (l)
Hydraulic or cutting oil waste (T,AD)
Paint wastes (such as used rags, slops, latex sludge, spent
solvent) (T,I,AD)
Water-based paint wastes (T)
Tank bottoms, leaded and unleaded (T,AD)
Cooling tower sludges (T)
Spent or waste cyanide solutions or sludges (R,T)
Etching acid solutions or sludges (T,C)
Waste paint and varnish remover or stripper (I)
Solvents and solvent recovery still bottoms (non-
halogenated (I,AD)
Solvents and solvent recovery still bottoms (halogenated)
(AD)
B-16
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Waste or waste off-spec toluene diisocyanate (I,R,AD)
Electroplating wastewater treatment sludge (T)
Pure material which is a discarded material and is listed
in Appendix VI, VII, and XIV (AD)
Spill clean-up residues and debris from spills of materials
which appear in Appendix VI, VII, and XIV (AD)
Off-specification material which is a discarded material
and, if met specification, would be shipped using a name
listed in Appendix VI, VII, and XIV (AD)
Containers, unless triple rinsed, which have contained
materials on Appendix VI, VII and XIV (AD)
(2) Hazardous Waste Processes and Sources
(i) Sources Generating Hazardous Waste
(A) Health Care Facilities
(I) The following departments of hospitals as
defined by SIC* Codes 8062 and 8069, unless the
waste has been autoclaved as specified in
Appendix VIII. (AD(IN))
i. Obstetrics department including
patients' rooms
ii. Emergency departments
iii. Surgery department including patients'
rooms
iv. Morgue
v. Pathology department
vi. Autopsy department
vii. Isolation rooms
viii. Laboratories
ix. Intensive care unit
x. Pediatrics department
*Standard Industrial Classification Manual (1972) GPO, Washington,
D.C.
B-17
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(II) The following departments of veterinary
hospitals as defined by SIC* Codes 0741 and
0742, unless the waste has been autoclaved as
specified in Appendix VIII. (AD(IN)).
i. Emergency department
ii. Surgery department including patients'
rooms
iii. Morgue
iv. Pathology department
v. Autopsy department
vi. Isolation rooms
vii. Laboratories
viii. Intensive care unit
(B) Laboratories, as defined by SIC Codes 7391, 8071
and 8922, unless the laboratories do not work with CDC
Classes 2 through 5 of Etiologic Agents as listed in
Appendix IX. (AD(IN)).
(C) Sewage Treatment Plants, with the exception of
publicly owned treatment works, unless sludge gener-
ated by such a plant has been stabilized by means of
chemical, physical, thermal, or biological treatment
processes that result in the significant reduction of
odors, volatile organics and pathogenic microorgan-
isms. These processes are discussed in "Municipal
Sludge Management: Environmental Factors; Technical
Bulletin" (42 FR 57420). Specifications for the
*Standard Industrial Classification Manual (1972) GPO, Washington,
B.C.
B-18
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stabilization processes discussed in this publication
are given in Process Design Manual for Sludge Treat-
ment and Disposal, (EPA 625/1-1-74-006, October 1974).
(AD(IN)).
Unless the waste from these sources does not contain microorganisms
or helminths of CDC Classes 2 through 5 of the Etiologic Agents
listed in Appendix IX.
(ii) Processes Generating Hazardous Wastes:
SIC Process Description
1099 Waste rock and overburden from uranium mining (AD(RA))
1099 Mill tailings from uranium milling (AD(RA))
1499 Overburden, slimes and tailings from phospate surface
mining (AD(RA))
1499 Waste gypsum from phosphoric acid production (AD(RA))
1499 Slag and fluid bed frills from elemental phosphorous
production (AD(RA))
2231 Wool Fabric Dying and Finishing Wastewater treatment
sludges (T)
2241 Wool Fabric Dying and Finishing Wastewater treatment
sludges (T)
2250 Knit Fabric Dying and Finishing Wastewater treatment
sludges (T)
2269 Yarn and Stock Dying and Finishing Wastewater treatment
sludges (T)
2279 Carpet Dying and Finishing Wastewater treatment sludges (T)
2299 Wool Scouring Wastewater treatment sludges (T)
2812 Mercury bearing sludges from brine treatment from mercury
cell process in chlorine production (T)
B-19
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SIC Process Description
2812 Sodium calcium sludge from production of chlorine by Down
Cell process (R)
2812 Mercury bearing brine purification muds from mercury cell
process in chlorine production (T)
2812 Waste water treatment sludge from diaphragm cell process in
production of chlorine (T)
2812 Asbestos wastes from cell diaphrams in production of
chlorine (AD)
2812 Chlorinated hydrocarbon bearing wastes from diaphragm cell
process in chlorine production (AD)
2816 Chromium bearing wastewater treatment sludge from produc-
tion of chrome green pigment (T)
2816 Chromium bearing wastewater treatment sludge and other
chromium bearing wastes from production of chrome oxide
green pigment (anhydrous & hydrated) (T)
2816 Ferric ferrocyanide bearing wastewater treatment sludges
from the production of iron blue pigments (T)
2816 Mercury bearing wastewater treatment sludges from the pro-
duction of mercuric sulfide pigment (T)
2816 Chromium bearing wastewater treatment sludges from the
production of TiC>2 pigment by the chloride process (T)
2816 Chromium bearing wastewater treatment sludges from the
production of TiC^ pigment by sulfate process (T)
2816 Arsenic bearing sludges from purification process in the
production of antimony oxide (T)
2816 Antimony bearing wastewater treatment sludge from produc-
tion of antimony oxide (T)
2816 Chromium or lead bearing wastewater treatment sludge from
production of chrome yellows and oranges (lead chromate)
(T)
2816 Chromium or lead bearing wastewater treatment sludge from
production of molybdate orange (lead chromate) (T)
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SIC Process Description
2816 Zinc and chromium bearing wastewater treatment sludge from
production of zinc yellow pigment (hydrated zinc potassium
chromate) (T)
2816 Ash from incinerated still bottoms (Paint and Pigment Pro-
duction) (T)
2819 Arsenic bearing waste water treatment sludges from produc-
tion of boric acid (T)
2851 Wastewater treatment sludges from paint production (C,T)
2851 Air pollution control sludges from paint production (T)
2865 Vacuum still bottoms from the production of maleic
anhydride (AD)
2865 Still bottoms from distillation of benzyl chloride (AD)
2865 Distillation residues from fractionating tower for recovery
of benzene and chlorobenzenes (AD)
2865 Vacuum distillation residues from purification of 1 -
chloro - 4 nitrobenzene (AD)
2865 Still bottoms or heavy ends from methanol recovery in
methyl methacrylate production (AD)
2869 Heavy ends (still bottoms) from fractionator in production
of epichlorohydrin (AD)
2869 Heavy chlorinated organics from fractionation in ethyl
chloride production (AD)
2869 Column bottoms or heavy ends from production of trichloro-
ethylene (AD)
2869 Heavy ends from distillation of vinyl chloride in produc-
tion of vinyl chloride from ethylene dichloride (AD)
2869 Heavy ends from distillation of ethylene dichloride in
vinyl chloride production from ethylene dichloride (AD)
2869 Heavy ends or distillation residues from carbon tetra-
chloride fractionation tower (AD)
B-21
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SIC Process Description
2869 Purification column wastes from production of nitrobenzene
(AD)
2869 Still bottoms from production of furfural (I,AD)
2869 Spent catalyst from fluorocarbon production (AD)
2869 Centrifuge residue from toluene diisocyanate production
(AD)
2869 Lead slag from lead alkyls production (T)
2869 Stripping still tails from production of methylethyl
pyridines (I,AD)
2869 Still bottoms from aniline production (AD)
2869 Aqueous effluent from scrubbing of spent acid in nitro
benzene production (AD)
2869 Bottom stream from quench column acrylonitrile production
(AD,I)
2869 Bottom stream from wastewater stripper in production of
acrylonitrile (l,C,AD)
2869 Still bottoms from final purification of acrylonitrile
(I,AD)
2869 Solid waste discharge from ion exchange column in produc-
tion of acrylonitrile (l,AD)
2869 Stream from purification of HCN in production of
acrylonitrile (AD,I)
2869 Waste stream (column bottoms) from acetonitrile purifica-
tion in production of acrylonitrile (AD)
2890 Sludges, wastes from tub washer (ink Formulation) (AD)
2892 Wastewater treatment sludges from explosives, propellants
and initiating compounds manufacture (C,AD,R,l)
2892 Wastes recovered from acid vapor scrubber stream in the
production of RDX/HMX (AD,R,I)
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SIC Process Description
2892 Catch basin materials in RDX/HMX production (T,C)
2892 Spent carbon columns used in treatment of wastewater-LAP
operations (R)
2892 Wastewater sludges from production of initiating compounds
(T)
2892 Red water from TNT production (T)
2911 Petroleum refining, high octane production neutralization
HF alkylation sludge (T)
2911 Petroleum refining DAF sludge (T,l)
2911 Petroleum refining kerosene filter cakes (T)
2911 Petroleum refining lube oil filtration clays (T)
2911 Petroleum refining - slop oil emulsion solids (T,l)
2911 Petroleum refining exchange bundle cleaning solvent (T)
2911 API separator sludge (T)
3111 Leather tanning and finishing: Wastewater treatment sludge
from; chrome tannery, split tannery, beamhouse/tanhouse and
retan/finishers (T)
3111 Leather tanning and finishing: Wastewater treatment
screenings from sheepskin tannery (T)
3111 Trimmings and shavings from leather tanning and finishing
chrome, split, beam/tanhouse and retan/finishers (T)
3312 Coking: Decanter tank tar (T)
: Decanter tank pitch sludge (T)
: Oleum wash waste (C)
: Caustic neutralization waste (C)
3312 Iron Making: Ferromanganese blast furnace dust (T,R)
: Ferromanganese blast furnace sludge (T)
3312 Steel Finishing: Alkaline cleaning waste (C)
: Waste pickle liquor (C)
: Cyanide-bearing wastes from electrolytic
coating (T)
: Chromates and dichromates from chemical
treatment (T)
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SIC Process Description
3331 Primary copper smelting and refining electric furnace slag,
converter dust, acid plant sludge, and reverbatory dust (T)
3332 Primary lead - acid plant blowdown and lime treatment
sludge from lagoon dredging (T)
3333 Zinc acid plant blowdown lime treatment: gypsum cake (acid
cooling tower and neutral cooling tower) (T)
3333 Zinc production: oxide furnace residue and acid plant
sludge (T)
3333 Zinc anode sludge (T)
3339 Primary antimony - electrolytic sludge (T)
3339 Primary tungsten - digestion residues (T)
3339 Primary lead sinter dust scrubbing sludge (T)
3339 Ferromanganese emissions control: baghouse dusts and
scrubwater solids (T)
3339 Ferrochrome emissions control: furnace baghouse dust and
ESP dust (T)
3339 Ferronickel production: skull plant tailings (T)
3339 Primary antimony - pyrometallurgical blast furnace slag (T)
3341 Secondary lead, scrubber sludge from SC>2 emission
control, soft lead production (T)
3341 Secondary lead - white metal production furnace dust (T)
3341 Secondary copper - pyrometallurgical, blast furnace slag
(T)
3341 Secondary aluminum dross smelting - high salt slag plant
residue (T)
3341 Zinc - cadmium metal reclamation, cadmium plant residue (T)
3471 Electroplating wastewater treatment sludges (T)
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SIC Process Description
3691 Lead acid storage battery production wastewater treatment
sludges (T)
3691 Lead acid storage battery production clean-up wastes from
cathode and anode paste production (T)
3691 Nickel cadmium battery production wastewater treatment
sludges (T)
3691 Cadmium silver oxide battery production wastewater treat-
ment sludge (T)
3691 Mercury cadmium battery production wastewater treatment
sludges (T)
3692 Magnesium carbon battery production chromic acid wastewater
treatment sludges (T)
(b) Relief from Listing
(1) Scope and Purpose
(A) This section applies to any person handling a waste
listed in Section 250.14(a) who wishes to demonstrate that
his solid waste is not a hazardous waste.
(B) A waste listed in 250.14(a) for one or more reasons,
as indicated by the codes (I), (C), (R), (AD(IN)), etc. is
a hazardous waste unless it is demonstrated that the waste
does not meet the reason(s) shown for its listing.
(C) The methods for demonstration of this are described in
250.14(b)(3).
(D) (Reserved.)
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(2) Test Methods
Wastes from individual generators which meet the following
standards are to be considered non-hazardous for purposes of this
regulation:
(A) Wastes designated as ignitable (l) in 250.14(a) which
do not meet the 250.13(a)(l) ignitable characteristic.
(B) Wastes designated as corrosive (C) in 250.14(a) which
do not meet the 250.13(a)(2) corrosive characteristic.
(C) Wastes designated as reactive (R) in 250.14(a) which
do not meet the 250.13(a)(3) reactive characteristic.
(D) Wastes designated as toxic (T) in 250.14(a) which do
not meet the 250.13(a)(4) toxic characteristic.
(E) Wastes designated as infectious (AD(IN)) in 250.14(a)
which do not contain microorganisms or helminths of CDC
Classes 2 through 5 of the Etiologic Agents listed in
Appendix IX.
(F) Wastes designated as radioactive (AD-(RA)) in
250.14(a) which have neither of the following properties:
(i) An average radium-226 concentration equal to
or more than 5 picocuries per gram for solid wastes or
50 picocuries (radium-226 and radium-228 combined) per
liter for liquid wastes as determined by either of the
methods cited in Appendix X; or
(ii) A total radium-226 activity equal to or more
than 10 microcuries for any single discrete source.
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(G) Wastes otherwise designated as being hazardous in the
Administrator's judgment (AD) in Section 250.14(a) which do
not meet the toxic characteristics of Section 250.13(a) and
whose EP extract does not have any of the following
properties:
(i) Gives a positive response in any one of a set of
required tests for mutagenic activity. A total of
three assays must be conducted. One shall be chosen
from group I, one from group II, and one from those
listed in group III. Test protocols are defined in
Appendix XI.
(I) Detection of gene mutations.
I. Point mutation in bacteria.
(II) Detection of gene mutations.
I. Mammalian somatic cells in culture
II. Fungal microorganisms
(III) Detecting effects on DNA repair or recom-
bination as an indication of genetic damage.
I. DNA repair in bacteria (including dif-
ferential killing of repair defective
strains).
II. Unscheduled DNA synthesis in human
diploid cells.
III. Sister-chromatid exchange in mammalian
cells.
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IV. Mitotic recombination and/or gene con-
version in yeast.
(ii) Gives a positive result in the Bioaccumulation
Potential Test, defined in Appendix XII.
(iii) Contains more than the specified concentration
of any compound on the Controlled Substances list in
Appendix XIII.
(iv) Contains any organic substance which has a cal-
culated human LD50* of less than 800 rag/kg, at a
concentration in mg/1 greater than or equal to 0.35
times its LD50 expressed in units of mg/kg. For pur-
poses of these regulations metallic salts of organic
acids containing 3 or fewer carbon atoms are consid-
ered not to be organic substances.
^Procedure for Calculating Human LD50 Value:
The LD50 value to be used will be those for oral exposure to
rats. Where a value for the rat is not available, mouse oral LD50
data may be employed. Where an appropriate LD50 value for the rat or
mouse is listed in the NIOSH Registry of Toxic Effects of Chemical
Substances ("Registry"), this value may be used without validation.
If other values are used, they must be supported by specific and
verified laboratory reports. The appropriate conversion factor to
use in calculation LD50s are:
Rat x .16 = human
Mouse x .066 = human
Example: Tetraethylenepentamine
Listed oral rat LD50 3990 mg/kg, calculated human LD50
is 3990 x 0.16 = 638 mg/kg; 638 x 0.35 = 223 mg/1.
Thus if the EP extract contains more than 223 mg/1 of
tetraethylenepentamine, the waste is hazardous.
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APPENDIX I
EXPLOSION TEMPERATURE TEST*
1. Purpose of Test:
To determine the temperature at which a material explodes,
ignites, or decomposes after a five minute immersion in a sand bath
or dimethyl silicon at 125 C.
2. Operating Principle
This test gives an estimate of how close the explosion tempera-
ture is to ambient condition for a material, and, hence, provides a
measurable indication of thermal instability.
3. Test Description
The material to be treated (25 mg.) is placed in a copper test
tube (high thermal conductivity) and immersed in a sand or dimethyl
silicon bath. The test is made at a series of bath temperatures, and
the time lag prior to explosion at each temperature is recorded. The
bath temperature is raised until a temperature of 125 C is reached if
no explosion, ignition, or apparent decomposition occurs.
* Taken from "A Second Appraisal of Methods for Estimating Self
Reaction Hazards", E.S. Domalski, Report No. DOT/MTB/OHMO-76/6.
Department of Transportation.
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APPENDIX II
SEPARATION PROTOCOL
Filtration
Equipment:
1-Millipore YY22 142 30 filter holder (Millipore Corp., Bedford,
MA 01730) equipped with an XX42 142 08 accessory 1.5 liter reservoir,
or Nuclepore 420800 142mm filter holder (Nuclepore Corp., Pleasanton,
CA 94566) equipped with a 1.5 liter reservoir, or Equivalent filter
holder.
Procedure
A. Using the filter holder place a 0.45 micron filter membrane
(Millipore type HAWP142, Nuclepore type 112007, or equivalent) on the
support screen. On top of the membrane (upstream) place a prefilter
(millipore AP25124, Nucleopore P040, or equivalent). Secure filter
holder as directed in manufacturers instructions.
B. Fill the reservoir with the sample to be separated, pres-
surize to no more than 75 psi (7 kg/cm^). Filter until no signifi-
cant amount of fluid (5ml) is released during a 30 minute period.
C. After liquid flow stops, depressurize, open top of reser-
voir. If sample appears to contain significant amounts of liquid,
replace filter pads as in step A, and resume filtering. Save pads
for later use. Repeat this step until no more fluid can be removed
from the waste.
B-30
-------
D. Take the solid material, and any pads used in filtration,
and extract in step 2 of the Toxicant Extraction Procedure. Subtract
tare weights of filter pads in calculating the amount of solid
material.
Centrifugation
Equipment
1. Centrifuge (i.e. Damon-IEC catalog no. 7165, Damon-IEC
Corp., Needham Heights, MA, or equivalent) equipped with a rotor for
600 ml to 1 liter containers (Damon-IEC catalog no. 976, or equiva-
lent). For flammable material containing wastes, explosion proof
equipment, such as the Damon-IEC catalog number 8196 centrifuge is
recommended.
2. Glass centrifuge bottles such as the Corning catalog 1252
600 ml blood bank centrifuge bottle or its equivalent.
Procedure
A. Centrifuge sample for 30 minutes at 2400 rpm. Hold tem-
perature at 20-30 C (68-87 F).
B. Using a ruler, measure the size of the liquid and solid
layers, to the nearest mm (0.40 inch). Calculate the liquid to solid
ratio.
C. Repeat steps A and B until the solid to liquid ratio during
two consecutive 30 minute centrifugations is within 3 percent.
D. Decant or siphon off the layers and extract the solid using
step 2 of the Extraction Procedure.
B-31
-------
APPENDIX III
STRUCTURAL INTEGRITY PROCEDURE
Equipment
1-Compaction tester having a 1.25 inch diameter hammer weighing
0.73 Ibs. and having a free fall of 6 inches (Associated Design and
Manufacturing Company, Alexandria, VA. 22314, catalog No. 125 or
equivalent).
2-A sample holder prepared from a piece of flexible polyurethane
foam having a 25 percent indentation load deflection of
to Ibs/sq. inch. (Figure 3)
Procedure
A. Fill the sample holder with the material to be tested. If
the waste sample is a monolithic block, then cut out a representative
sample from the block having the dimensions of a 1.3" X 2.8" cylin-
der.
B. Place the sample holder into the Compaction Tester and apply
12 hammer blows to the sample.
C. Remove the now compacted sample from the sample holder and
transfer it to the extraction apparatus for extraction.
B-32
-------
APPENDIX IV
pH ADJUSTMENT PROCEDURES
Automated
Follow manufacturer's instructions as to procedures for instru-
ment calibration and operation.
Manual
This section prescribes the procedure to use if extractant pH is
maintained manually.
1 - Calibrate pH meter in accord with manufacturer's
specifications.
2 - Adjust pH of solution to 5.
3 - Manually adjust pH of solution at 15, 30, and 60 minute
intervals moving to the next longer interval if the pH did
not have to be adjusted more than 0.5 pH units since the
previous adjustment.
4 - Continue procedure for a period of not less than 6 hours.
5 - Final pH after a 24 hour period must be within the range
4.9-5.2.
6 - If the conditions of 5 are not met, continue pH adjustment
at approximately one hour intervals for a period of not
less than 4 hours.
B-33
-------
APPENDIX V
SAMPLING METHODS
The methods and equipment used for sampling waste materials will
vary with the form and consistency of the waste material to be
sampled. Listed below are sampling protocols appropriate for sam-
pling wastes materials with consistencies similar to the indicated
material.
Extremely viscous liquids - ASTM Standard D140-15
Crushed or powdered material - ASTM Standard D346-15
Soil or rock-like material - ASTM Standard D420-19
Soil-like material - ASTM Standard D1452-19
Fly ash-like material - ASTM Standard D2234-26
Additional protocols to be used are described in the draft report
"Handbook for Sampling Hazardous Waste", Research Grant R-804692010,
available from USEPA, Office of Solid Waste, Information-Materials
Group, Cincinnati, Ohio 45268.
B-34
-------
APPENDIX VI
PESTICIDES
BAAM (Amitraz)
Benomyl
BHC
Cadmium
Chlorobenzilate
Chloroform
DB CP
Diallate
Dimethoate
EBDC's
Endrin
Ethylene dibromide
Kepone
Lindane
Maleic hydrazide
PCNB
Pronamide
Strychnine/strychnine sulfate
1080/1081
2,4,5 - T
Thiophonate methyl
Toxaphene
Acrylonitrile
Creosot
DDVP
DEF
EPN
Erbon
Inorganic arsenicals
Merphos
Me thanearsonatas
Paraquat
Pentachlorophenol &
Derivatives
Perthane
Piperonyl butoxide
Ronnel
Rotenone
Silvex
Treflan
Triallate
Trichlorofon
2,4,5 - Trichlorophenol
Aramite
Arsenic trioxide
Benzac
Chloranil
Copper acetoarsenite
Basic copper arsenate
Monuron
OMPA
10,10 - Oxybisphenoxarsine
Phenarsazine chloride
Safrole
Sodium arsenite
Strobane
Trysben
Chlordane/heptachlor
Picloram
Sperm oil
Lead acetate
Cacodylic acid and salts
Carbaryl
Carbon tetrachloride
Coal tar
Dacthal
Daminozide
Dichlorobenzene
1,3 - Dichloropropene
Dimilin
Dinoseb
Epichlorohydrin
Ethylene diamine tetra
Acetic Acid
Folpet
Hexachlorobenzene
8 - Hydroxyquinoline
Maleic anhydride
Perchloroethylene
Phosphorus paste
Probe
Propham/chloropropham
Tribromosalan
Trichloroethylene
Zectran
B-35
-------
Acrolein
Aldicarb
Allyl alcohol
Aluminum phosphide
Amitrole
Azinphos methyl
Calcium cyanide
Carbofuran
Carbon disulfide
Chlorfenvinphos
Chloropicrin
Clonitralid
Cycloheximide
Demeton
Dicrotophos
Dimethoate
Dioxathion
Diquat
Disulfoton
Endosulfan
Endothall
Ethoprop
Ethyl parathion
Ethyl 3 - methyl - 4 phenyl
Phosphoramidate
Ethylene dibromide
Ethylene dichloride
Fensulfothion
Fenthion
Fluoracetamide/1081
Fonofos
Formaldehyde
Hydroocyanic acid
Methamidophos
Methidathion
Me thorny 1
Methyl bromide
Methyl parathion
Mevinphos
Monocrotophos
Nicotine
0,0 - bis (p - chloro-phenyl)
acetimidyol phosphorami-
dothioate
Oxyamyl
Oxydemeton methyl
Phorate
Phosphamidon
Phosphorus
Sodium fluoroacetate
Sulfotepp
Temephos
Tepp
Terbufos
Toxaphene
Xylene
Zinc phosphide
B-36
-------
APPENDIX VII
DEPARTMENT OF TRANSPORTATION (DOT) CLASSIFICATION POISON A,
POISON B, OR ORM-A
Note: *May or may not be regulated depending on whether or not
commodity meets the DOT definition of the hazard class
listed.
Acetaldehyde ammonia ORM-A
Acetone cyanohydrin B
Acetylene tetrabromide ORM-A
Aldrin B
Aldrin, cast solid ORM-A
Aldrin mixture, dry (with more than 65% aldrin) B
Aldrin mixture, dry (with 65% or less aldrin) ORM-A
Aldrin mixture, liquid (with more than 60% aldrin) B
Aldrin mixture, liquid (with 60% or less aldrin) ORM-A
Allethrin ORM-A
Ammonium arsenate, solid B
Ammonium hydrosulfide solution ORM-A
Ammonium polysulfide solution ORM-A
Aniline oil drum, empty B
Aniline oil, liquid B
Antimony lactate, solid ORM-A
Antimony potassium tartrate, solid ORM-A
Antimony sulfide, solid ORM-A
Arsenic acid, solid B
*Arsenic acid, solution B
*Arsenical compound, n.o.s.**, liquid, or B
arsenic mixture, n.o.s., liquid
*Arsenical compound, n.o.s., solid, or B
arsenical mixture, n.o.s., solid
Arsenical dip, liquid (sheep dip) B
Arsenical dust B
Arsenical flue dust B
Arsenic bromide, solid B
Arsenic iodide, solid B
Arsenic pentoxide, solid B
Arsenic, solid B
Arsenic sulfide, solid B
Arsenic trichloride, liquid B
**n.o.s. = not otherwise specified
B-37
-------
Arsenic trioxide, solid B
*Arsenious and mercuric iodide solution B
Arsine A
Barium cyanide, solid B
*BeryIlium compound, n.o.s. B
Bone oil ORM-A
*Bordeaux arsenite, liquid B
*Bordeaux arsenite, solid A
Bromoacetone A
Brucine, solid (dimethoxy strychnine) B
Calcium arsenate, solid B
Calcium arsenite, solid B
Calcium cyanide, solid, or B
calcium cyanide mixture, solid
Camphene ORM-A
Carbaryl ORM-A
Carbolic acid, liquid or phenol, liquid B
(liquid tar acid containing over 50%
benzophenol)
Carbolic acid, or phenol B
Carbon tetrachloride ORM-A
Chemical ammunition, nonexplosive B
(containing a Poison B material)
Chemical ammunition, nonexplosive A
(containing a Poison A material)
Chloroform ORM-A
4-chloro-o-toluidine hydrochloride B
Chloropicrin, absorbed B
Chloropicrin and methyl chloride mixture A
Chloropicrin, liquid B
Chloropicrin mixture (containing no B
compressed gas or Poison A liquid)
Cocculus, solid (fishberry) B
*Compound, tree or weed killing, liquid B
Copper acetoarsenite, solid B
Copper arsenite B
Copper cyanide B
*Cyanide or cyanide mixture, dry B
Cyanogen bromide B
Cyanogen chloride (containing less than A
0.9% water)
Cyanogen gas A
DDT ORM-A
Diazinon ORM-A
Dibromodifluoromethane ORM-A
Dichlorobenzene, ortho, liquid ORM-A
Dichlorobenzene, para, solid ORM-A
Dichlorodifluorolthylene ORM-A
B-38
-------
Dichloromethane or methyiene chloride ORM-A
2,4 Dichlorophenoxyacetic acid ORM-A
Dieldrin ORM-A
Dinitrobenzene, solid or dinitrobenzol, solid
*Dinitrobenzene solution B
Dinitrochlorobenzol, solid or dinitrochlorobenzene B
Dinitrocyclohexylphenol ORM-A
*Dinitrophenol solution B
*Disinfectant, liquid B
*Disinfectant, solid B
*Drugs, n.o.s., liquid B
*Drugs, n.o.s., solid B
Ethylene chlorohydrin B
Ethylene dibromide (1,2-dibromomethane) ORM-A
Ferric arsenate, solid B
Ferric arsenite, solid B
Ferrophosphorus ORM-A
Ferrosilicon, containing 30% or more but not more ORM-A
than 70% silicon
Ferrous arsenate (iron arsenate), solid B
Flue dust, poisonous B
Formaldehyde, or formalin solution (in containers ORM-A
of 110 gallons or less)
*Gas identification set A
Germane A
Grenade without bursting charge: with Poison A A
gas charge
Grenade without bursting charge: with Poison B B
gas charge
Hexachloroethane ORM-A
Hexaethyl tetraphosphate and compressed gas mixture A
Hexaethyl tetraphosphate, liquid B
Hexaethyl tetraphosphate mixture, dry (containing B
more than 2% hexaethyl tetraphosphate)
*Hexaethyl tetraphosphate mixture, dry (containing B
not more than 2% hexaethyl tetraphosphate)
Hexaethyl tetraphosphate mixture, liquid (containing B
more than 25% hexaethyl tetraphosphate)
*Hexaethyl tetraphosphate mixture, liquid (containing B
not more than 25% hexaethyl tetraphosphate)
Hydrocyanic acid, liquified A
Hydrocyanic acid (prussic), solution (5% or more A
hydrocyanic acid)
Hydrocyanic acid solution, less than 5% B
hydrocyanic acid)
*Insecticide, dry, n.o.s. B
Insecticide, liquified gas, containing Poison A A
material or Poison B material
B-39
-------
*Insecticicle, liquid, n.o.s.
Lead arsenate, solid
Lead arsenite, solid
Lead cyanide
Lindane
London purple, solid
Magnesium arsenate, solid
Malathion
*Medecines, n.o.s., liquid
*Medecines, n.o.s., solid
*Mercaptan mixture, aliphatic (in containers
(of 110 gallons or less)
Mercuric acetate
Mercuric-ammonium chloride, solids
Mercuric benzoate, solid
Mercuric bromide, solid
Mercuric chloride, solid
Mercuric cyanide, solid
Mercuric iodide, solid
*Mercuric iodide solution
Mercuric oleate, solid
Mercuric oxide, solid
Mercuric oxycyanide, solid
Mercuric-potassium cyanide, solid
Mercuric-potassium iodide, solid
Mercuric salicylate, solid
Mercuric subsulfate, solid
Mercuric sulfate, solid
Mercuric sulfocyanate, solid or
mercuric thiocyanate, solid
Mercurol, or mercury nucleate, solid
Mercurous acetate, solid
Mercurous bromide, solid
Mercurous gluconate, solid
Mercurous iodide, solid
Mercurous oxide, block, solid
Mercurous sulfate, solid
*Mercury compound, n.o.s., solid
Methyl bromide and ethylene dibromide mixture,
liquid
Methyl bromide and more than 2% chloropicrin
mixture, liquid
Methyl bromide and nonflammable, nonliquified
compressed gas mixture, liquid (including
up to 2% chloropicrin)
Methyl bromide, liquid (bromoethane) including
up to 2% chloropicrin
Methyl chloroform
B
B
B
B
ORM-A
B
B
ORM-A
B
B
ORM-A
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
ORM-A
B-40
-------
Methyldichloroarsine A
Methyl parathion, liquid B
*Methyl parathion mixture, dry B
*Methyl parathion mixture, liquid, (containing B
25% or less methyl parathion)
Methyl parathion mixture, liquid, (containing B
over 25% methyl parathion)
Mipafox ORM-A
Motor fuel antiknock compound, or antiknock compound B
Napthalene or napthalin ORM-A
Nickel cyanide, solid B
Nicotine hydrochloride B
Nicotine, liquid B
Nicotine salicylate B
*Nicotine sulfate, liquid B
Nicotine tartrate B
Nitric oxide A
Nitroaniline B
Nitrobenzol, liquid (oil or mirbane, nitrobenzene) B
Nitrochlorobenzene, ortho, liquid B
Nitrochlorobenzene, meta or para, solid B
Nitrogen dioxide, liquid A
Nitrogen peroxide, liquid A
Nitrogen tetraoxide, liquid A
Nitroxylol B
*0rganic phosphate, organic phosphate compound, A
or organic phosphorus compound; mixed
with compressed gas
*0rganic phosphate, organic phosphate compound; B
or organic phosphorus compound; liquid
*0rganic phosphate, organic phosphate compound, B
or organic phosphorus compound; solid or dry
*0rganic phosphate mixture, organic phosphate B
compound mixture, or organic phosphorus
compound mixture, liquid
*0rganic phosphate mixture, organic phosphate B
compound mixture, or organic phosphorus
compound mixture, solid or dry
ORM-A-n.o.s. ORM-A
Parathion and compressed gas mixture A
Parathion, liquid B
*Parathion mixture, dry B
Parathion mixture, liquid B
Perchloro-methyl-mercaptan B
Perfluoro-2-butene ORM-A
Phencapton ORM-A
Phenyl-dichloro-arsine B
Phenylenediamine, meta or para, solid ORM-A
B-41
-------
Phosgene (diphosgene) A
Phosphine A
Poisonous liquid, n.o.s. or poison B, liquid, n.o.s. B
Poisonous liquid or gas, n.o.s. A
Poisonous solid, n.o.s., or poison B, solid, n.o.s. B
Potassium arsenate, solid B
Potassium arsenite, solid B
Potassium cyanide, solid B
*Potassium cyanide solution B
Potassium dichromate ORM-A
Silver cyanide B
Sodium arsenate B
*Sodium arsenite (solution) liquid B
Sodium azide B
Sodim cyanide, solid B
*Sodium cyanide, solution B
Sodium dichromate ORM-A
Sodium pentachlorophenate ORM-A
Strontium arsenite, solid B
*Strychnine salt, solid B
Strychnine, solid B
Tetrachloroethane ORM-A
Tetrachloroethylene or perchloroehtylene ORM-A
Tetraethyl dithio pyrophosphate and compressed A
gas mixtue
Tetraethyl dithio pyrophosphate, liquid B
Tetraethyl dithio pyrophosphate, mixture, dry B
Tetraethyl dithio pyrophosphate, mixture liquid B
Tetraethyl lead, liquid (including flash point for B
export shipment by water)
Tetraethyl pyrophosphate and compressed gas mixture A
Tetraethyl pyrophosphate, liquid B
Tetraethyl pyrophosphate, mixture, dry B
Tetraethyl pyrophosphate, mixture, liquid B
Tetramethyl methylene diamine ORM-A
*Thallium salt, solid n.o.s. B
Thallium sulfate, solid B
Thiophosgene B
Thiram ORM-A
Toluenediamine ORM-A
Toluene diisocyanate B
Trichloroethylene ORM-A
Zinc arsenate B
Zinc arsenite B
Zinc cyanide B
B-42
-------
APPENDIX VIII
AUTOCLAVE SPECIFICATIONS
(i) Infectious waste from departments of health care facilities as
defined in 250.12(c)(l) may be rendered nonhazardous by sub-
jecting these wastes to the following autoclave temperatures and
dwell times:
Steam Autoclave
(1) Laundry: 250 F (121 C) for 30 minutes with 15 minutes
prevacuum of 27 in. Hg.
(2) Trash: 250 F (121 C) for 1 hour with 15 minutes
prevacuum of 27 in. Hg.
(3) Glassware: 250 F (121 C) for 1 hour with 15 minutes
prevacuum of 27 in. Hg. for filled NIH Glassware can.
(4) Liquids: 250 F (121 C) for 1 hour for each gallon.
(5) Animals: 250 F (121 C) for 8 hours with 15 minutes
prevacuum of 27 in. Hg.
(6) Bedding: 250 F (121 C) for 8 hours with 15 minutes
prevacuum of 27 in. Hg.
B-43
-------
APPENDIX IX
CDC CLASSIFICATION OF ETIOLOGIC AGENTS
(i) The CDC Classification of Etiologic Agents on the Basis of
Hazard includes the following classes of agents which are of
potential hazard:
Class 2
Agents of ordinary potential hazard. This class in-
cludes agents which may produce disease of varying degrees
of severity from accidental inoculation or injection or
other means of cutaneous penetration but which are contained
by ordinary laboratory techniques.
Class 3
Agents involving special hazard or agents derived from
outside the United States which require a Federal permit for
importation unless they are specified for higher classifica-
tion. This class includes pathogens which require special
conditions for containment.
Class 4
Agents that require the most stringent conditions for
their containment because they are extremely hazardous to
laboratory personnel or may cause serious epidemic disease.
This class includes Class 3 agents from outside the United
States when they are employed in entomological experiments
or when other entomological experiments are conducted in
the same laboratory area.
Class 5
Foreign animal pathogens that are excluded from the
United States by law or whose entry is restricted by USDA
administrative policy.
A.
These agents are specified as follows:
Classification of Bacterial Agents
B-44
-------
—all species except A., mallei which is
in class 3
Arizona hinshawii—all serotypes
Bacillus anthracis
Bordetella—all species
Borrelia recurrentis, B. vincenti
Clostridium botulinum,
Cl. chauvoei, Cl. haemolyticum,
Cl. histolyticum, Cl. novyi,
Cl. septicum, Cl. tetani
Corynebacterium diptheriae,
C_. equi, C_. renale
Diplococcus (streptococcus) pheumoniae
Erysipelothrix insidiosa
Escherichia coli—all enteropathogenic serotypes
Haemophilus ducreyi, _H. influenzae
Herellea vaginicola
Klebsiella—al species and all serotypes
Listeria—all species
Mima polymorpha
Moraxella—all species
Mycobacteria—all species except those listed in
Class 3
Mycoplasma—all species except Mycoplasma myocoides and
mycoplasma agalactiae, which are in class 5
Neisseria gonorrhoeae, N_. meningitidis
Pasteurella—all species except those listed in
Class 3
Salmonella—all species and all serotypes
Shigella—all species and all serotypes
Sphacrophorus necrophorus
Staphylococcus aureus
Streptobacillus moniliformis
Streptococcus pyogenes
Treponema carateum, T_. pallidum, and _T_. pertenue
Vibrio fetus, _V. comma, including biotype El Tor,
and _V. parahemolyticus
Class 3
Actinobacillus mallei
Bartonella—all species
Brucella—all species
Francisella tularensis
Mycobacterium avium, ^M. bovis, .M. tubercolosis
B-45
-------
Pasteurella multocida type B ("buffalo" and other
foreign virulent strains)
Pseudomonas pseudomallei
Yersenia pestis
B. Classification of Fungal Agents
Class 2
Actinomycetes (including Nocardia species and
Actinomyces species and Arachnia propionica
Blastomyces dermatitides
Cryptococcus neoformans
Paracoccidioides brasiliensis
Class 3
Coccidioides immitis
Histoplasma capsulatum
Histoplasma capsulatum var. duboisii
C. Classification of Parasitic Agents
Class 2
Endamoeba histolytica
Leishmania sp.
Naegleria gruberi
Toxoplasma gondii
Toxocara canis
Trichinella spiralis
Trypanosoma cruzi
Class 3
Schistosoma masoni
D. Classification of Viral, Rickettsial, and Chlamydial Agents
Class 2
Adenoviruses—human—all types
Cache Valley virus
Coxsackie A^ and JJ^ Viruses
Cytomegaloviruses
Encephalomyocarditis virus (EMC)
Flanders Virus
B-46
-------
Hart Park Virus
Hepatitus-associated antigen material
Herpes Viruses—except Herpesvirus simiae (Monkey B
virus) which is in class 4
Corona viruses
Influenza viruses—all types except A/PR8/34, which
is in class 1
Langat virus
Lymphogranuloma venereum agent
Measles virus
Mumps virus
Parainfluenza viruses—all types except Parainfluenza
virus 3, SF4 strain, which is in Class 1
Polioviruses—all types, wild and attenuated
Poxviruses—all types except Alastrium, smallpox.
Monkey pox, and whitepox, which depending on
experiments, are in Class 3 or Class 4.
Rabies virus—all strains except Rabies street virus,
which should be classified in Class 3 when
inoculated into carnivores
Reoviruses—all types
Respiratory syncytial virus
Rhinoviruses—all types
Rubella virus
Simiar viruses—all types except Herpesvirus simiar
(Monkey B_ virus) and Marburg virus, which are
in Class 4
Sindbis virus
Tensaw virus
Turlock virus
Vaccinia virus
Varicella virus
Vole rickettsia
Yellow fever virus, 17D vaccine strain
Class 3
Alastrun, Smallpox, Monkey pox, and Whitepox, when
used in vitro
Arboviruses—all strains except those in Class 2 and
4 (Arboviruses indigenous to the United States
are in Class 3, except those listed in Class
2. West Nile and Semliki Forest viruses may be
be classified up or down, depending on the con-
ditions or use and geographical location of the
laboratory.)
B-47
-------
Dengue virus, when used for transmission or animal
inoculation experiments
Lymphocytic chorimeningitis virus (LCM)
Psittacosis-Ornithosis-Trachoma group of agents
Rabies street virus, when used in inoculations of
carnivores (see Class 2)
Rickettsia—all species except Vole rickettsia when
used for transmission or animal inoculation
experiments
Vesicular stomatitis virus
Yellow fever virus—wild, when used in vitro
Class 4
Alastrun, Smallpox, Monkey pox, and Whitepox, when
used for transmission or animal inoculation
experiments
Hemorrhagic fever agents, including Crimean hemor-
rhagic fever (Congo), Junin, and Machupo vir-
uses , and others as yet undefined
Herpesvirus simiae (Monkey B virus)
Lassa virus
Marburg virus
Tick-borne encephalitis virus complex, including
Russian spring-summer encephalitis, Kyasanur
forest disease. Omsk hemorrhagic fever, and
Central European encephalitis viruses
Venezuelan equine encephalitis virus, epidemic
strains, when used for transmission or animal
inoculation experiments
Yellow fever virus—wild, when used for transmis-
sion or animal inoculation experiments
Class 5
A. Animal agents excluded from the United States by law. Virus
foot and mouth disease.
B. Animal agents excluded by USDA administrative policy.
African horse sickness virus
African swine fever virus
Besnoitia besnoiti
Borna disease virus
Bovine infectuous petechial fever
Camel pox virus
B-48
-------
Ephemeral fever virus
Fowl plague virus
Goat pox virus
Hog cholera virus
Louping ill virus
Lumpy skin disease virus
Nairobi sheep disease virus
Newcastle disease virus (Asiatic strains)
Mycoplasm mycoides (contagious bovine pleuro-pneumonia
Mycoplasm agalactiae (contagious agalactia of sheep)
Rickettsia ruminatium (heart water)
Rift valley fever virus
Sheep pox virus
Swine vesicular disease virus
Teschen disease virus
Trypanosoma vivax (Nagana)
Theileria parva (East Coast fever)
Theileria annulata
Theileria lawrencei
Theileria bovis
Theileria hirci
Vesicular exanthema virus
Wesselsbron disease virus
Zyonema farciminosum (pseudofarcy)
B-49
-------
APPENDIX X
RADIOACTIVE WASTE MEASUREMENTS
Radium-226 concentration can be determined by either of the
following methods referenced in Part 300 of Standard Methods for the
Examination of Water and Wastewater, 13th ed. APHA, AWWA, WPCF, New
York (1970).
1. Precipitation method
2. Radon Emanation Technique
Radium-226 concentration in liquid sources can be determined
by the method referenced in Interim Radioachemical Methodology for
Drinking Water (EPA-600/4-75-Q08 [Revised]).
Additional Information Concerning Sample Preparation
1. Radiossay Procedures for Environmental Samples
U.S. Department of Health, Education and Welfare,
Public Health Service, Rockville, Maryland (1967).
2. Method for Determination of Radium-226 in Solid
Waste Samples available from USEPA Office of Solid
Waste.
B-50
-------
APPENDIX XI
(A) DETECTION OF GENE MUTATIONS
(a) Point Mutations in Bacteria
(1) Positive Controls - All assays must be run with a concur-
rent positive control. Positive control compounds or
mixtures shall be selected to demonstrate both the sensi-
tivity of the indicator organism and the functioning of
the metabolic activation system.
(2) Negative Controls - A solvent negative control shall be
included.
(3) Choice of Organisms - The bacteria used shall include
strains capable of detecting base pair substitutions (both
transitions and transversions) and frame-shift mutations.
The known spectrum of chemical mutagens capable of being
detected by the strains shall be considered when selecting
the strains. The strains shall also be highly sensitive to
a wide range of chemical mutagens. They may include
strains whose cell wall, DNA repair, or other capabilities
have been altered to increase sensitivity (Ames, 1975;
McCann et al., 1975). Although sensitive bacterial assays
for forward mutations at specific loci or over some portion
of the entire genome may also be appropriate, at the pre-
sent time the most sensitive and best-characterized bac-
teria for mutagenicity testing are those capable of
indicating reverse mutations at specific loci.
B-51
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(4) Methodology
(i) General - The test shall be performed in all respects in
a manner known to give positive results for a wide range
of chemical mutagens at low concentrations. Tests must
be run with and without metabolic activation. The sen-
sitivity and reproducibility of the metabolic activation
systems and strains used shall be evaluated both by ref-
erence to past work with the method and by the concurrent
use of positive controls.
(ii) Plate Assays. In general, the EP extract should be
tested by plate incorporation assays at various concen-
trations. Test conditions should minimize the possible
effects due to extraneous nutrients, contamination by
other bacteria, and high levels of spontaneous mutants.
(iii) Liquid Suspension Assays. A few chemicals (e.g.,
diethylnitrosamine and demethylnitrosamine) will give
positive results only in tests in which the test sub-
stance, the bacteria, and the metabolic activation system
are incubated together in liquid prior to plating, but
not in a plate incorporation assay -{Bartsch et al.,
1976). Thus, tests shall be conducted in liquid suspen-
sion as well as on agar plates.
(iv) Doses. The highest test dose which does not result in
excessive cell death shall be used.
B-52
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(B) DETECTION OF GENE MUTATIONS
(a) Mammalian Somatic Cells In Culture
(1) Choice of Cell Systems - A number of tests in mammalian
somatic cells in culture are available in which specific
locus effects may be detected in response to chemical
exposure (Shapiro et al., 1972; Chu, 1971). The cell line
used shall have demonstrated sensitivity of chemical induc-
tion of specific-locus mutations by a variety of chemicals.
The line shall be chosen for ease of cultivation, freedom
from biological contaminants such as mycoplasms, high and
reproducible cloning efficiencies, definition of genetic
detection, loci, and relative karyotypic stability. The
inherent capabilities of the test cells for metabolic
activation of promutagens to active mutagens shall also be
considered, as well as the use of metabolic activation
systems similar to those used with microorganisms.
2. Methodology
(i) General. The test shall be performed in all respects in a
manner known to give positive results for a wide range of
chemical mutagens. The sensitivity of the system, meta-
bolic activation capability, and its reproducibility must
be evaluated by reference to past work and by the concur-
rent use of positive controls. Culture conditions which
may affect the detection of mutations and give falsely high
B-53
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or low figures for reasons other than chemical induction
shall be avoided. Definition of detected genetic loci
studies and verification that the observed phenotypic
changes are indeed genetic alterations should be presented.
(b) Mutation In Fungi
(1) Controls - All considerations discussed under section
(A)(a) are applicable.
(2) Choice of Organisms - The fungi used shall include strains
capable of detecting base pair substitutions (both transi-
tions and transversions) and frame-shift mutations. More
inclusive assay systems, such as those designed to detect
recessive lethals, are also acceptable. The known spectrum
of chemical mutagens capable of being detected by the
strains shall be considered when selecting the strains.
The strains shall also be highly sensitive to a wide range
of chemical mutagens. Strains altered in DNA repair or
other capabilities with the intent to increase sensitivity
may be used, subsequent to validation. Either forward or
reverse mutation assays may be applied.
(3) Methodology
(i) General - All considerations discussed under Section
(A)(a)(4)(i) are applicable. Care should be taken to
investigate stage sensitivity, i.e., replicating versus
nonreplicating cells, as well as possible requirement for
post-treatment growth.
B-54
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(ii) Plate Assays - While spot tests and plate incorporation
assays are useful for preliminary testing, they shall not
be considered conclusive.
(C) DETECTING EFFECTS ON DNA REPAIR OR RECOMBINATION AS AN INDICATION
OF GENETIC DAMAGE
(a) DNA Repair in Bacteria
(1) Controls - All considerations discussed under section (A)
are applicable.
(2) General
(i) When the DNA of a cell is damaged by a chemical mutagen,
the cell will utilize its DNA repair enzymes in an
attempt to correct the damage. Cells which have reduced
capability of repairing DNA may be more susceptible to
the action of chemical mutagens, as detected by increased
cell death rates. For suspension tests using DNA repair-
deficient bacteria, the positive control should be simi-
lar in toxicity to the test mixture.
(ii) The DNA repair test in bacteria determine if the test
substance(s) is more toxic to DNA repair-deficient cells
than it is to DNA repair-competent cells. Such differ-
ential toxicity is taken as an indication that the
chemical interacts with the DNA of the exposed cells to
produce increased levels of genetic damage.
(3) Choice of Organisms - Two bacterial strains, with no known
genetic differences other than DNA repair capability, shall
B-55
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be used. The strains selected shall be known to be capable
of indicating the activity of a wide range of chemical
mutagens. The spectrum of chemical mutagens and chemical
mixtures capable of being detected by the strains and pro-
cedures used shall be reported.
(4) Methodology
(i) Plate Test - The EP extract should be tested by spotting
a quantity on an agar plate which has had a lawn of the
indicator organisms _spread over it. After a suitable
incubation period, the zone of inhibition around the spot
shall be measured for each strain and compared for the
DNA repair-competent and DNA repair-deficient strains.
If no discrete zone of inhibition is seen with either
strain, then the results of the tests are not meaningful.
(ii) Liquid Suspension Test - The liquid suspension test shall
also be performed by comparing the rates at which given
concentrations of the test substances will kill each of
the two indicator strains when incubated in liquid
suspension. Conditions should be adjusted so that
significant killing of the DNA repair-competent strain
occurs, if this is possible. Methodology is discussed in
Kelly and Grindley, 1976.
(iii) Doses - The dose level of test substances used in the
plate or suspension test shall be adjusted so that
B-56
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significant toxicity to the DNA repair-competent strain
is measured. In the plate test, this means that a zone
of inhibition must be visible; in the suspension test,
significant loss of cell viability must be measured.
This may not be possible if the test substance is
not toxic to the bacteria or if, in the plate test, it
does not dissolve in and diffuse through the agar. The
same dose must be used in exposing the DNA repair-
competent and repair-deficient strains.
(b) Unscheduled DNA Synthesis In Human Diploid Cells
(1) General - DNA damage induced by chemcial treatment of a
cell can be measured as an increase in unscheduled DNA
synthesis which is an indication of increased DNA repair.
Unrepaired or misrepaired alterations may result in gene
mutations or in breaks or exchanges which can lead to
deletion and/or duplication of larger gene sequences or to
translocations which may affect gene function by position
effects (Stitch, 1970; Stoltz et al., 1974).
(2) Methodology
(i) General - Primary or established cell cultures with
normal repair function shall be used. Standardized human
cell strains from repositories are recommended. Controls
should be performed to detect changes in scheduled DNA
synthesis at appropriate sections in the experimental
B-57
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design. The media conditions shall be optimal for mea-
suring repair synthesis.
(ii) Dose - At least five dose levels shall be used and the
time in the cycle of cynchronour or non-proliferating
maximum compound dose shall induce toxicity, and the
dosing period with the test substance shall not be less
than sixty minutes.
(iii) Sister Chromatid Exchange In Mammalian Cells With and
Without Metabolic Activation
(1) Controls - All considerations discussed under section
A(a) are applicable.
(2) General - Cytological techniques are available to
evaluate the genetic damage induced by chemicals. In the
past few years a technique has been developed for identi-
fying sister chromatid exchanges much more simply and
efficiently than by the autoradiographic method. The
method utilizes the fact that a fluorescent stain Hoechst
33258 binds to thymidine-containing DNA but not, or for
less efficiently, to BrdUrd-substituted DNA. This means
that the order of fluorescence would be brightest for DNA
unreplicated in BrdUrd, intermediate for DNA after one
round of replication in BrdUrd, and least for DNA follow-
ing two rounds of replication in BrdUrd. Thus, a sister
chromatid exchange can be seen as a switch of fluores-
cence pattern at the point of exchange. Parry and Wolff
B-58
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(1974) combined Hoechst staining with Giemsa staining such
that the brightly fluorescing regions stain darkly with
Giemsa, and the dully fluorescent regions hardly stain at
all.
(3) Choice of Organisms - Chromosomal preparations of human
peripheral blood leukocytes or Chinese hamster ovary cells
shall be used.
(4) Methodology
(i) General - The test method must be capable of detecting
sister chromatid exchanges. Procedures reported by Perry
and Wolff (1974) and Moorhead et al. (1960) are recom-
mended. Metabolic activation with rat liver S-9 mix
should be incorporated whenever it is appropriate.
(ii) Doses - Test substances shall be tested to the highest
dose where toxicity does not interfere with the test
procedure.
(d) Mitotic Recombination and/or Gene Conversion in Yeast
(1) Controls - All considerations discussed under section (A)
are applicable.
(2) General - One can effectively study the chromosomes of
eucaryotic microorgansims by employing classical genetic
methodologies which depend upon the behavior and inter-
action of specific markers spaced judiciously within the
genome. These methods have been developed over several
3-59
-------
decades and have been applied in recent years to the study
of induced genetic damage (Zimmerman, 1971, 1973, 1975;
Brusick and Andrews, 1974).
(3) Choice of Oganisms - Diploid strains of yeast that detect
mitotic crossing-over and/or mitotic gene conversion shall
be used. Additionally, as appropriate strains are devel-
oped, monitoring for induced non-disjunction and other
effects may be possible. Mitotic crossing-over shall be
detected in a strain of organism in which it is possible,
by genetic means, to determine with reasonable certainty
that reciprocal exchange of genetic information has occur-
red. Strains employed for genetic testing shall be of
proven sensitivity to a wide range of mutagens.
(4) Methodology
(i) General - In general, wastes shall be tested in liquid
suspension tests.
B-60
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APPENDIX XII
(A) BIOACCUMULATION POTENTIAL TEST
(a) General - Reverse-phase liquid chromatography is a separation
process in which chemicals are injected onto a column of fine par-
ticles coated with an nonpolar (water insoluble) oil and then eluted
along the column with a polar solvent such as water or methanol. Re-
cent developments in this field have produced a permanently bonded
reverse-phase column in which long-chain hydrocarbon groups are
chemically bonded to the column packing material which leads to a
more reproducible separation. The chemicals injected are moved along
the column by partitioning between the mobile water phase and the
stationary hydrocarbon phase. Mixtures of chemicals can be eluted in
order of their hydrophobicity, with water soluble chemicals eluted
first and the oil soluble chemicals last in proportion to their
hydrocarbon/water partition coefficient. Calibration of the instru-
ment using compounds of known octanol/water partition coefficient al-
lows this procedure to be used to determine whether an unknown mix-
ture contains compounds with octanol/water partition coefficients
above a designed level.
Specific correlations exist between octanol/water partition
coefficients and bioconcentration in fish. This test thus offers a
rapid, inexpensive method of identifying those mixtures which contain
compounds which pose a potential bioaccumulative hazard.
B-61
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Compounds with Log P 3.0, but which readily biodegrade would not
be expected to persist in the environment long enough for accumula-
tion to occur. Thus, a degradation option has been included in order
to exempt these substances from the hazardous waste control system.
(b) Chromatography Conditions - A liquid chromatograph equipped
with a high pressure stopflow injector and a 254 nm ultraviolet de-
tector with an 8 ul cell volume and 1 cm path length is employed.
The column is a Varian Preparative Micropake C-H (Catalog number
07-000181-00), or its equivalent, consisting of a 250 mm X 8 mm
(i.d.) stainless steel filled with 10 micron lichrosorb to which
octadecylsilane is permanently bonded.
The column is operated at ambient temperature. The solvent
consists of a mixture of water and methanol (15:85, v/v) which is
pumped through the column at 2.0 ml/minute.
(c) Retention Volume Calibration - Chemicals are dissolved in a
mixture of acetone and cyclohexane (3:1, v/v). For preparing the
calibration curve the quantity of individual chemicals in the solu-
tion is adjusted to give a chromatographic peak of at least 25
percent of the recorder scale. Acetone produces a large peak at
approximately 2.6 minutes.
Six chemicals for which Log P has been reported are used to
calibrate the elution time in units of Log P. The calibration mix-
ture is summarized in Table 1 and includes benzene, bromo-benzene,
biphenyl, bibenzyl, p,p'-DDE, and 2,4,5,2',5'-pentachlorobiphenyl.
B-62
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TABLE 1
PARTITION COEFFICIENTS FOR CHEMICALS USED FOR CALIBRATION
Log P
Acetone 0.55
Benzene 2.13
Bromobenzene 2.99
Biphenyl 3.76
Bibenzyl 4.81
p,p'-DDE 5.69
2,4,5,2',5'-Pentachlorobiphenyl 6.11
B-63
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(d) Sensitivity Calibration - The mixture is chromatographed and a
calibration curve prepared daily to eliminate small differences due
to flow rate or temperature and to follow the retention properties of
the column during prolonged use. The calibration is made by plotting
Log P vs the logarithm of the absolute retention time (log RT).
Figure 1 is an example of such a calibration curve.
(e) Test Procedure
(1) Prepare a calibration curve as described above.
(2) Calculate the geometric mean of the instrumental response to
the chemicals listed in Table 1 with the exception of the
acetone. This value, expresssed in g/25 percent full
scale deflection is designated the Instrumental Response
(IS).
(3) Extract X liters of the EP extract to be tested, using
dichloromethane, and concentrate the extract to a quantity
suitable for injection onto the column. The quantity X is
determined by the instrumental sensitivity and is given by
the relationship: x in liters = IS in micrograms.
(4) Analyze the extract using the now calibrated chromatograph.
A positive response is defined as an instrumental response
greater than or equal to 25 percent full scale detector
response in the region of Log P greater than or equal to
3.5.
B-64
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W
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H
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H
W
W
oi
o
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B-65
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(5) If a positive response is indicated in step D, then subject
a sample of the waste to be a standard biodegradation assay
and then retest. If a positive response with the degraded
waste is not obtained, then the waste is not considered to
be hazardous by reason of bioaccumulativeness.
3-66
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APPENDIX XIII
CONTROLLED SUBSTANCE LIST
Substance
Aloperidin
Amantadine
4-Aminoantipyrin acetamide
Aminopterin
3-Amino-l,2,4-triazole
6-Azauridine
Azo dyes
Benzene
Bisulfan
Carbon tetrachloride
Chloroquine
Chlorambucil
Cobalt salts
Colchicine
Coumarin derivatives
Cyasin
Cyclophosphamide
Dextroamphetamine sulfate
Diazepam (Valium)
Diethylstilbesterol
Dimethylaminoazobenzene
Dimethylnitrosamine
Diphenylhydantoin
Ethionine
Grisefulvin
1-Hydroxysafrole
Maleic Hydrazide
Methotrexate
Methylthiouracil
Mytomycin-C
d-Penicillamine
Phenylalanine
Phorbol esters
Quinine
Resperine
p-Rosanilin
Safrole
Maximum Permissible TEP
Elutriate Concentration
(mg/1)
B-67
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APPENDIX XIII
CONTROLLED SUBSTANCE LIST (Concluded)
Substance
Serotonin
Streptomycin
Testosterone
Thioacetamide thiourea
Trimethadione
d-Tubocurarine
Maximum Permissible TEP
Elutriate Concentration
(mg/1)
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Appendix XIV
PRIORITY POLLUTANTS
Compound Name
1. acenaphthene
2. acrolein
3. acrylonitrile
4. benzene
5. benzidine
6. carbon tetrachloride (tetrachloromethane)
7. chlorobenzene
8. 1.2,4-trichlorobenzene
9. hexachlorobenzene
10. 1,2-dichloroethane
11. 1,1,1-trichloroethane
12. hexachloroethane
13. 1,1-dichloroethane
14. 1,1,2-trichloroethane
15. 1,1,2,2-tetrachloroethane
16. chloroethane
17. bis(chloromethyl) ether
18. bis(2-chloroethyl) ether
19. 2-chloroethyl vinyl ether (mixed)
20. 2-chloronaphthalene
21. 2,4,6-trichlorophenol
22. parachlorometa cresol
23. chloroform (trichloromethane)
24. 2-chlorophenol
25. 1,2-dichlorobenzene
26. 1,3-dichlorobenzene
27. 1,4-dichlorobenzene
28. 3,3'-dichlorobenzidine
29. 1,2-dichloroethylene
30. 1,2-trans-dichloroethylene
31. 2,4-dichlorophenol
32. 1,2-dichloropropane
33. 1,2-dichloropropylene (1,3-dichloropropene)
34. 2,4-dimethylphenol
35. 2,4-dinitrotoluene
36. 2,6-dinitrotoluene
37. 1,2-diphenylhydrazine
38. ethylbenzene
39. fluoranthene
40. 4-chlorophenyl phenyl ether
41. 4-bromophenyl phenyl ether
B-69
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42. bis(2-chloroisopropyl) either
43. bis(2-chloroethoxy) methane
44. methylene chloride (dichloromethane)
45. methyl chloride (chloromethane)
46. methyl bromide (bromomethane)
47. bromoform (tribromomethane)
48. dichlorobromomethane
49. trichlorofluoromethane
50. dichlorodifluoromethane
51. chlorodibromomethane
52. hexachlorobutadiene
53. hexachlorocyclopentadiene
54. isophorone
55. naphthalene
56. nitrobenzene
57. 2-nitrophenol
58. 4-nitrophenol
59. 2,4-dinitrophenol
60. 4,6-dinitro-o-cresol
61. N-nitrodosimethylamine
62. N-nitrosodiphenylamine
63. N-nitrosodi-n-propylamine
64. pentachlorophenol
65. phenol
66. bis(2-ethylhexyl) phthalate
67. butyl benzyl phthalate
68. di-n-butyl phthalate
69. di-n-octyl phthalate
70. diethyl phthalate
71. dimethyl phthalate
72. benzo(a)anthracene (1,2-benzathracene)
73. benzo(a)pyrene (3,4-benzopyrene)
74. 3,4-benzofluoranthene
75. benzo(k)fluoranthane (11,12-benzofluoranthene)
76. chrysene
77. acenaphthylene
78. anthracene
79. benzo(ghi)perylene (1,12-benzoperylene)
80. fluorene
81. phenathrene
82. dibenzo(a,h)anthracene (1,2,5,6-dibenzanthracene)
83. indeno (1,2,3cd)pyrene (2,3-o-phenylenepyrene)
84. pyrene
85. tetrachloroethylene
86. toluene
87. trichloroethylene
88. vinyl chloride (chloroethylene)
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89. aldrin
90. dieldrin
91. chlordane (technical mixture & metabolites)
92. 4,4'-DDT
93. 4,4'-DDD (p,p'-DDX)
94. 4,4'-DDD (p.p'-TDE)
95. a-endosulfan-Alpha
96. b-endosulfan-Beta
97. endosulfant sulfate
98. endrin
99. endrin aldehyde
100. heptachlor
101. heptachlor epoxide
102. a-BHC-Alpha
103. b-BHC-Beta
104. r-BHC (lindane)-Gamma
105. g-BHC-Delta
106. PCB-1242 (Arochlor 1242)
107. PCB-1254 (Arochlor 1254)
108. PCB-1221 (Arochlor 1221)
109. PCB-1232 (Arochlor 1232)
110. PCB-1248 (Arochlor 1248)
111. PCB-1260 (Arochlor 1260)
112. PCB-1016 (Arochlor 1016)
113. Toxaphene
114. Antimony (Total
115. Arsenic (Total)
116. Asbestos (Fibrous)
117. Beryllium (Total)
118. Cadmium (Total)
119. Chromium (Total)
120. Copper (Total)
121. Cyanide (Total)
122. Lead (Total)
123. Mercury (Total)
124. Nickel (Total)
125. Selenium (Total)
126. Silver (Total)
127. Thallium (Total)
128. Zinc (Total)
129. 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD)
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REFERENCES
Ames, B. N. 1976. The Salmonella/microsome mutagenicity test.
In Origins of Human Center. J.D. Watson and H. Hiatt, eds. New
York: Cold Spring Harbor Laboratory Press.
Ames, E.N., J. McCann, and E. Yamasaki. 1975. Methods for
detecting carcinogens and mutagens with the Salmonella/mammalian
microsome mutagenicity test. Mut. Res. 31:347-364.
Bartsch, H., A. Camus, and C. Malaveille. 1976. Comparative
incubation system in presence of rat or human tissue fractions.
Mutat. Res. 37 (2-3): 149-162.
Brusick, D. and H. Andrews. 1974. Comparison of the genetic
activity of dimethylnitrosamine, ethyl methane sulfonate,
2-acetylaminofluorene, and ICR-170 in Saccharomyces cerevisiae
strains D3, D4, and D5 using in vitro assays , with and without
metabolic activation. Mut. Res. 26: 491-500.
Chu, E. H. Y. 1971. Induction and analysis of gene mutations in
mammalian cells in culture. In Chemical Mutagens: principles and
Methods for Their Detection. A. Hollaender, ed. Vol. 2: 411-444.
New York: Plenum Press.
Clive, D., and J.F.S. Spector. 1975. Laboratory procedures for
assessing specific locus mutations at the TK locus in cultured L5178Y
mouse lymphoma cells. Mut. Res. 31: 17-29.
Kelley, R.B., M.R. Atkinson, J.A. Huberman, and A. Kornberg.
1969. Excision of thymine dimers and other mismatched sequences by
DNA polymerase of Escherichia coli. Nature. 224: 495-501.
Kelly, W.S. and N.D. Grindley. 1976. POLA6, a mutation
affecting DNA binding capacity of DNA-polymerase I. Nucl. Acid R_. 3
(11): 2971-2984. ~~
McCann, J. N., E. Springarn, J. Bobori and B.N. Ames. 1975.
Detection of carcinogens as mutagens: bacterial tester strains with
R. factor plasmids. Proc. Natl. Acad. Sci. USA. 72: 979-983.
Moorhead, P.S., P.C. Nowell, W. J. Mellman, D.M. Battips, and
D.A. Hungerford 1960. Chromosomal preparations of leucocytes
cultured from human peripheral blood. EXP. Cell Res. 20: 613-616.
Perry, P., and S. Wolff. 1974. New Giemsa method for
differential staining of sister chromatids. Nature 251 (5471)
156-158.
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Sato, K., R.S. Slesinski and J.W. Littlefield. 1972. Chemical
mutagenesis at the phosphoribosyltrnsferase locus in cultured human
lymphoblasts. Proc. Nat. Aca. Sci. USA. 69: 1244-1248.
Shapiro, N.I., A.E. Khalizev, E.V. Luss, M.I. Marshak, O.N.
Petrova, and N.B. Varshaver. 1972. Mutagenesis in cultured
mammalian cells. I. Spontaneous gene mutations in human and Chinese
hamster cells. Mut. Res. 15: 203-214.
Stitch, H.P., R.H.C. San, and Y. Kawazoe. 1971. DNA repair
synthesis in mammalian cells exposed to a series of oncogenic and
nononcogenic derivatives of 4-nitroquinolilne-l-oxides. Nature 229:
416-419.
Stoltz, D.R., L.A. Poirier, C.C. , Irving, H.F. Stitch, J.H.
Weisburger, and H.C. Grice. 1974. Evaluation of short-term tests
for carcinogenicity. Tox. Appl. Pharm. 29: 157-180.
Zimmerman, F.K. 1971. Induction of mitotic gene conversion by
mutagens. Mut. Res. 11: 327-337.
Zimmerman. 1973. Yeast strain for visual screening for 2
reciprocal products of mitotic crossing over. Mutat. Res. 21(5):
263-269.
Zimmerman. 1975. Procedures used in the induction of mitotic
recombination and mutation in the yeast, Saccharomyces cerevisiae.
Mut. Res. 31 :71-86.
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Subpart B - Standards Applicable to Generators of
Hazardous Waste
250.20 Scope and Purpose
250.21 Definitions
250.22 Manifest
250.23 Reporting
250.24 Recordkeeping
250.25 Containers
250.26 Labeling Practices
250.27 Confidential Information
250.28 Presumption
250.29 Transfer of Liability Contract
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250.20 SCOPE AND PURPOSE
(a) These regulations are published pursuant to Sections
2002(a) and 3002 of the Act, which authorize the Administrator to
promulgate standards applicable to generators of hazardous waste
identified or listed under Subpart A of this Part.
(b) Every generator that designates a hazardous waste for
on-site or off-site treatment, storage, or disposal must send it to a
permitted facility.
(c) Every generator that designates a hazardous waste for off-
site treatment, storage, or disposal at a facility which the genera-
tor does not own, need not comply with the reporting requirements of
this subpart contained in Sections 250.23(d), (e), (f), (g), and (h).
(d) Every generator that designates a hazardous waste for off-
site treatment, storage, or disposal at a facility which the genera-
tor owns, need not comply with the requirements of this Subpart
contained in Sections 250.23 and 250.24 if the permitted facility is
in the same state where hazardous waste generation occurs.
(e) Every generator that designates a hazardous waste for
on-site treatment, storage, or disposal, need not comply with the
requirements of this Subpart contained in Sections 250.22, 250.23(a),
(b), (c), (f), (g), (h), 250.25, and 250.26.
(f) Any generator engaged solely in retail trade or farming,
must comply with the requirements of this Subpart only for the
treatment, storage and disposal of waste automotive oil.
B-75
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(g) Any individual who at his or her household generates only
household refuse or household septic tank pumpings, is not required
to comply with the requirements of this Subpart.
(h) Every generator of waste automotive oil, must designate
that waste to a permitted facility.
(i) Any person may assume the generator's total liability for
compliance with all the requirements under this Subpart for waste
automotive oil only. Any person that assumes the generator's
liability must have in writing a Transfer of Liability Contract for
each generator, which complies with the requirements of this Subpart
contained in Section 250.29.
(j) Any agent who assumes the generator's liability in compli-
ance with Section 250.29 of this Subpart, need not comply with the
reporting requirements contained in Sections 250.23(a), (b), (c),
(d), and (e).
(k) Every generator must apply to EPA for an identification
code before commencing hazardous waste generation activities in
accordance with the procedures under Sections 250.822 and 250.823.
(1) Every generator must comply with Subpart D and Subpart E of
this part if the waste remains on-site for 90 days or longer.
(m) Any person may designate a hazardous waste for treatment,
storage, or disposal at a facility which is not a permitted facility
if that facility is not located in an EPA Region or jurisdictions
part of the United States.
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250.21 DEFINITIONS
For the purpose of this Subpart, all terms not herein defined
shall have the meaning given by the Act.
(1) The term "agent" means any person who assumes the
generator's liability for the treatment, storage or dis-
posal of waste automotive oil in compliance with the
requirements contained in this Subpart.
(2) The term "closing date" means the date which marks the end
of a reporting quarter or reporting year.
(3) The term "Delivery Document" means a shipping paper (bill
of lading, waybill, dangerous cargo manifest, or other
shipping document) used in lieu of the original manifest.
(4) The term "EPA" means the U.S. Environmental Protection
Agency.
(5) The term "EPA Region" means the states found in any one of
the following ten regions:
(1) Region 1 - Maine, Vermont, New Hampshire, Mas-
sachusetts, Connecticut, and Rhode Island.
(2) Region II - New York, New Jersey, and Puerto Rico.
(3) Region III - Pennsylvania, Maryland, West Virginia,
and Virginia.
(4) Region IV - Kentucky, Tennessee, North Carolina, Mis-
sissippi, Alabama, Georgia, South Carolina, and
Florida.
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(5) Region V - Minnesota, Wisconsin, Illinois, Michigan,
Indiana, and Ohio.
(6) Region VI - New Mexico, Oklahoma, Arkansas, Louisiana,
and Texas.
(7) Region VII - Nebraska, Kansas, Missouri, and Iowa.
(8) Region VIII - Montana, Wyoming, North Dakota, South
Dakota, Utah, and Colorado.
(9) Region IX - California, Nevada, Arizona, Hawaii, and
Guam.
(10) Region X - Seattle, Oregon, Idaho, and Alaska.
(6) The term "generator" means any person or Federal Agency
whose act or process produces hazardous waste (as iden-
tified or listed under Subpart A of this part); provided,
however, a person or Federal Agency who produces and dis-
poses of no more than 100 kilograms (approximately 220
pounds) per month of hazardous waste (as identified or
listed under Subpart A of this part) is not a generator.
(7) The term "identification code" means the unique code
assigned by EPA to each generator, transporter, and treat-
ment, storage or disposal facility, pursuant to regulations
published in Section 250.20(k) of this Subpart and Subpart
G of this part.
(8) The term "international shipment" means the transportation
of hazardous waste between an EPA Region and jurisdictions
not part of the United States.
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(9) The term "interregional shipment" means the transportation
of hazardous waste between EPA Regions.
(10) The term "intraregional shipment" means the transportation
of hazardous waste within an EPA Region.
(11) The term "manifest document number" means the unique, seri-
ally increasing number assigned to the manifest by the
generator for recordkeeping and reporting purposes.
(12) The term "on-site" means on the same geographically con-
tiguous property. Two or more pieces of property which
are geographically contiguous and are divided by public or
private right(s)-of-way are considered a single site.
(13) The term "package" or "outside package" means a packaging
plus its contents.
(14) The term "packaging" means the assembly of one or more
containers and any other components necessary to assure
compliance with the minimum packaging requirements under 49
CFR 173, 178, and 179 and includes containers (other than
freight containers or overpacks), portable tanks, cargo
tanks, tank cars, and multiunit tank car tanks.
(15) The term "permitted hazardous waste management facility (or
permitted facility)" means a hazardous waste treatment,
storage, or disposal facility that has received an EPA
permit in accordance with the requirements of Subpart E of
this part or a permit from an authorized State agency.
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(16) The term "Regional Administrator" means one of the
Regional Administrators of the United States Environmental
Protection Agency.
(17) The term "reporting quarter" means the three month time
period covered by each quarterly report; the reporting
quarters shall end on the last day of March, June,
September, and December.
(18) The term "reporting year" means the twelve month time
period covered by each annual report; the reporting year
shall end on the last day of September.
(19) The term "spill" means any accidental discharge of a
hazardous waste onto or into the land or water.
(20) The term "storage tank" means any manufactured nonportable
covered device used for containing pumpable hazardous
waste.
250.22 MANIFEST
(a) Every generator must, for each off-site shipment of hazard-
ous waste, ensure that the following information is designated on the
manifest (See Table I for a sample manifest format):
(1) A manifest document number;
(2) The generator's (or generators') identification code(s),
name(s), address(es), and the date of shipment;
(3) The identification code(s), name(s), and address(es), of
the transporter(s);
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(4) The identification code(s), name(s), and address(es), of
the permitted facility(ies);
(5) The name and code of the hazardous waste (under the column
"shipping description"), by its Department of Trans-
portation (DOT) proper shipping name (49 CFR 172), or by
the U.S. Environmental Protection Agency (EPA) name (as
listed under Section 250.14 of Subpart A of this part), if
the DOT proper shipping name is not applicable. However,
if the DOT proper shipping name "NOT OTHERWISE SPECIFIED"
(NOS) is used, the EPA name (as listed under Section 250.14
of Subpart A of this part) must also be designated on the
manifest after the DOT proper shipping name NOS;
(6) The hazard class of each waste as identified or listed
under the DOT hazard class (49 CFR 172), or by the EPA
characteristic (as identified or listed under Section
250.13U) and 250.14 of Subpart A of this part) if the DOT
hazard class is not applicable. However, if the DOT
hazard class "OTHER REGULATED MATERIALS" (ORM) is used, the
EPA characteristic (as identified or listed under Section
250.13(a) and 250.14 of Subpart A of this part) must also
be designated on the manifest after the DOT hazard class
ORM;
(7) The quantity of each hazardous waste, by units of volume or
weight in pounds (P), tons (T), gallons (G), or cubic yards
(CY); or by the number of drums (D) with their capacities;
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(8) Directions as to what immediate action should be taken re-
garding a spill, or a 24-hour telephone number or numbers
where information on how to handle a spill can be obtained;
(9) The statement "In the event of a spill contact the National
Response Center, U.S. Coast Guard, 800-424-8802 for
emergency assistance;"
(10) When available, special handling instructions; and
(11) When appropriate, additional comments.
In addition to the above, the generator must:
(i) Make the following certification: "This is to certify that
the above-named materials are properly classified,
described, packaged, marked, and labeled and are in proper
condition for transportation according to the applicable
regulations of the Department of Transportation and the
U.S. Environmental Protection Agency; and
(ii) Certify the information on the manifest by having an auth-
orized representative of the generator sign and date it.
(b) Every generator must retain at least one copy of the man-
ifest with the generator's and the transporter's signature
until a copy of the manifest or delivery document signed by
an authorized agent of the treatment, storage, and dispoal
facility is received. Every generator must give the trans-
porter at least three copies of the signed manifest before
allowing shipment of the hazardous waste.
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250.23 REPORTING
Reporting for Off-site Shipments of
Hazardous Waste
(a) Generators who designate hazardous waste for off-site
treatment, storage, or disposal must:
(1) Make an annual report for intraregional or inter-
regional shipments of hazardous waste based on the
information designated on the manifests which were
dated for shipment during the reporting year;
(2) Make a quarterly report based on the information
designated on the manifest for shipments of hazardous
waste sent during the reporting quarter to a treat-
ment, storage, or disposal facility but not received,
or for international shipments of hazardous waste.
Receipt of a hazardous waste shipment is defined by
the return of a signed copy of the manifest or
delivery document to the generator by an authorized
agent of the treatment, storage, or disposal facil-
ity. No quarterly report is required for intra-
regional or interregional shipments of hazardous
wastes if all hazardous waste shipments are received
by the treatment, storage, or disposal facility.
(3) Send the report within four weeks after the closing
date to the Regional EPA Administrator with regulatory
authority over the generator.
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(b) Generators who treat, store, or dispose of hazardous waste
off-site must designate in the annual report (see Table II
for the report form):
(1) The generator's identification code, name, and
address;
(2) The closing date of the annual reporting period;
(3) The identification code of each permitted facility to
which a hazardous waste has been sent;
(4) The name and code of each hazardous waste appearing on
the manifest under "shipping description" which was
treated, stored, or disposed of at a permitted facil-
ity;
(5) The total quantity of each hazardous waste;
(6) The units of volume or weight of each quantity in
pounds (P), tons (T), gallons (G), million gallons
(MG), or cubic yards (CY).
In addition to the above, the generator must:
(i) Make the following certification: "I certify that the
above information is correct to the best of my knowledge
and belief;" and
(ii) Certify the information on the report by having an
authorized representative of the generator sign and date
it.
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(c) Generators who treat, store, or dispose of hazardous waste
off-site must designate in the quarterly report for hazard-
ous waste shipment(s) not received by a treatment, storage,
or disposal facility or for international shipment(s) of
hazardous waste (See Table II for the report form):
(1) The generator's identification code, name, and
address;
(2) The closing date of the quarterly reporting period;
(3) The letters "NR" for hazardous waste shipments not re-
ceived at a treatment, storage, or disposal facility,
or the letter "I" if the shipment was international.
Followed by the identification code of the permitted
facility(ies) or for international shipments the name
and address of the treatment, storage, or disposal
facility(ies) to which a hazardous waste has been
sent;
(4) The manifest document number, followed by the date of
shipment to the treatment, storage, or disposal facil-
ity;
(5) The name and code of each hazardous waste appearing on
the manifest under "shipping description;"
(6) The total quantity of each hazardous waste; and
'.7) The units of volume or weight of each quantity in
pounds (P), tons (T), gallons (G), million gallons
(MG), or cubic yards (CY).
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In addition to the above, the generator must:
(i) Make the following certification: "I certify that the
above information is correct to the best of my knowledge
and belief;" and
(ii) Certify the information on the report by having an
authorized representative of the generator sign and date
it.
Reporting for On-site Treatment, Storage, and Disposal of
Hazardous Waste
(d) Generators who designate hazardous waste for on-site treat-
ment, storage, or disposal must make an annual report and
send the report within four weeks after the closing date to
the Regional EPA Administrator with regulatory authority
over it.
(e) Generators who treat, store, or dispose of hazardous waste
on-site must designate in the annual report:
(1) The generator's identification code, name, and
address;
(2) The closing date of the annual reporting period;
(3) The word "on-site" under column three ("treatment,
storage or disposal facility I.D. Code"),
(4) The name and code of the hazardous waste (under "ship-
ping description"), by its Department of Trans-
portation (DOT) proper shipping name (49 CFR 172), or
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by the U.S. Environmental Protection Agency (EPA) name
(as listed under Section 250.14 of subpart A of this
part) if the DOT proper shipping name is not appli-
cable. However, if the DOT proper shipping
name "NOT OTHERWISE SPECIFIED" (NOS) is used, the EPA
name (as listed under Section 250.14 Subpart A of this
part) must also be designated on the report after the
DOT proper shipping name NOS;
(5) The hazard class of each waste as identified or listed
under the DOT hazard class (49 CFR 172), or by the
EPA characteristic (as identified or listed under Sec-
tion 250.13(a) and 250.14 of Subpart A of this part)
must also be designated on the report after the DOT
hazard class ORM; and
(6) The total quantity of each hazardous waste; and
(7) The units of volume or weight of each quantity in
pounds (P), tons (T), gallons (G), million gallons
(MG), or cubic yards (CY).
In addition to the above, the generator must:
(i) Make the following certification: "I certify that the
above information is correct to the best of my knowledge
and belief;" and
(ii) Certify the information on the report by having an
authorized representative of the generator sign and date
it.
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Reporting for Agents of Waste Automotive Oil Generators
(f) Any agent who assumes the generator's liability for waste auto-
motive oil must:
(1) Make an annual report for intraregional or interregional
shipments of hazardous waste based on the information
designated on the manifests which were dated for shipment
during the reporting year;
(2) Make a quarterly report based on the information designated
on the manifest for shipments of such hazardous waste sent
during the reporting quarter to a treatment, storage, or
disposal facility but not received, or for international
shipment of hazardous waste. Receipt of a hazardous waste
shipment is defined by the return of a signed copy of the
manifest or delivery document to the generator by an
authorized agent of the treatment, storage, or disposal
facility. No quarterly report is required for intra-
regional or interregional shipments of hazardous waste if
all hazardous waste shipments are received by the treat-
ment, storage, or disposal facility.
(3) Send the report within four weeks after the closing date to
the Regional EPA Administrator with regulatory authority
over the person.
(g) Any agent who assumes the generator's liability for waste auto-
motive oil must designate in the annual report:
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(1) The agent's identification code (if applicable), name, and
address;
(2) The closing date of the annual reporting period;
(3) The identification code of each hazardous waste treatment,
storage, or disposal facility to which waste automotive oil
has been sent;
(4) The identification code of each generator whose liability
was assumed during the reporting year under the column
labeled "manifest document number;"
(5) The name "waste automotive oil" under the column "shipping
description;"
(6) The total quantity of waste automotive oil received at a
permitted facility;
(7) The units of volume or weight of the total quantity in
pounds (P), tons (T), gallons (G), million gallons (MG), or
cubic yards (CY) received at each permitted facility.
In addition to the above, the person must:
(i) Make the following certification: "I certify that the
above information is correct to the best of my knowledge
and belief;" and
(ii) Certify the information on the report by having an
authorized representative of the person sign and date it.
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(h) Any agent who assumes the generator's liability for waste auto-
motive oil must designate in the quarterly report for hazardous
waste shipment(s) not received by a treatment, storage, or dis-
posal facility, or for international shipment(s) of hazardous
waste (See Table II for the report form):
(1) The agent's identification code (if applicable), name, and
address;
(2) The closing date of the quarterly reporting period;
(3) The letters "NR" for hazardous waste shipments not received
at a treatment, storage, or disposal facility or the letter
"I" if the shipment was international. Followed by the
identification code of the permitted facility(ies) or for
international shipments the name and address of the treat-
ment, storage, or disposal facility(ies) to which a waste
automotive oil has been sent;
(4) The manifest document number, followed by the date of ship-
ment to the hazardous waste treatment, storage, or disposal
facility;
(5) The name "waste automotive oil" under the column "shipping
description;"
(6) The total quantity of waste automotive oil; and
(7) The units of volume or weight of the total quantity in
pounds (P), tons (T), gallons (G), million gallons (MG),
or cubic yards (CY).
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In addition to the above, the person must:
(i) Make the following certitication: "I certify that the
above information is correct to the best of my knowledge
and belief;" and
(ii) Certify the information on the report by having an
authorized representative of the person sign and date it.
250.24 RECORDKEEPING
Every generator must keep a copy of each manifest signed by an
authorized agent of the treatment, storage, or disposal facility for
three years from date of shipment.
250.25 CONTAINERS
(a) Every generator must place the hazardous waste:
(1) In a package in accordance with the Department of Trans-
portation regulations on packing under 49 CFR 173, 178, and
179. If no specific packaging is required, the generator
must place the hazardous waste in a package in accordance
with the Department of Transportation regulations on
standard requirements for all packages 49 CFR 173.24(a),
(b), and (c) (2)-(9); or
(2) In a permanent storage tank that complies with the man-
datory requirements of Section 250.54-1 of Subpart D of
this part.
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250.26 LABELING PRACTICES
(a) Every generator must label and placard each shipment of
hazardous waste in accordance with the Department of Transportation
regulations on hazardous materials, 49 CFR 172.
(b) Every generator must mark each package of hazardous waste
in accordance with the Department of Transportation regulations on
marking, 49 CFR 172.300. If no Department of Transportation proper
shipping name is applicable to a particular waste, then the appropri-
ate EPA name (as listed under Section 250.14 of subpart A of this
part) should be used to mark the package. However, if the DOT proper
shipping name "NOT OTHERWISE SPECIFIED" (NOS) is used, the EPA name
(as listed under section 250.14 of Subpart A of this part) must also
be designated as part of the marking after the DOT proper shipping
name NOS.
(c) Every generator must mark each package of hazardous waste
using the following words:
CONTROLLED WASTE-Federal Law prohibits Improper Disposal.
Generator I.D. Code .
Manifest Document Number
The generator's identification code and the manifest document
number(s) must appear in the space following the words "Generator
I.D. Code" and "Manifest Document Number," respectively.
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The marking must use the same color(s), approximate dimen-
sion^), and material(s) needed to make markings required by Section
250.26(b) of this Subpart.
250.27 CONFIDENTIAL INFORMATION
All information provided in connection with the manifest and
reporting system established by the Subpart shall be available to any
person to the extent and in the manner authorized by Section 3007(b)
of the Act, the Freedom of Information Act (5 U.S.C. Section 552),
and the EPA Regulations adopted in compliance with that Act (40 CFR
Part 2). Generators who wish to apply to the Administrator of EPA to
keep certain items confidential must mark those items, as they appear
on the manifest or report: "CONFIDENTIAL." If a request is made,
the provisions of 40 CFR Part 2 shall apply.
250.28 PRESUMPTION
In all civil enforcement proceedings brought under the Act,
there shall be a rebuttable presumption that defendant's act or pro-
cess produces and disposes of more than 100 kilograms in any one
month of hazardous waste (as identified or listed under Subpart A of
this Part).
250. 29 TRANSFER OF LIABILITY CONTRACT
(a) Each generator entering into a Transfer of Liability Con-
tract and every person assuming the generator's liabilities for
compliance with requirements contained in this Subpart must keep a
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signed copy of the Transfer of Liability Contract as a permanent
record during the time the contract is in effect and for a period of
one year following its termination.
(b) The Transfer of Liability Contract must state in writing
the following:
"THIS TRANSFER OF LIABILITY CONTRACT, made this
day of , 19 , between name of generator hereinafter
called the Generator, and name of person assuming the generator's
liability^ hereinafter called the Agent:
WITNESSETH: That the Generator transfers to the Agent and the
Agent transfers from the Generator for a term of
months and days beginning on the day
of , 19 , the total liability for compliance with
all the requirements contained in 40 CFR 250.20 - 250.29 for the Gen-
erator's waste automotive oil.
Generator (SEAL)
Agent (SEAL)
(c) The Transfer of Liability Contract must be complete and
signed by an authorized representative of the generator and the
person assuming the generator's liability for compliance with the
requirements contained in this Subpart.
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TABLE I
HAZARDOUS WASTE MANIFEST
MANIFEST OOCUMENf NUMBER
IDENTIFICATION
I.O. CODE
ADDRESS
DATE SHIPPED
OR RECEIVED
GENERATOR
TRANSPORTER
TSOF(TREATMENT.STOR-
AGE OR DISPqsAU. FACILITY)
WASTE INFORMATION
SHIPPING DESCRIPTION
HAZARD CLASS
QUANTITY
CComp/atfa Applicable Column)
UNIT
CONTAINER T Y f»
EMERGENCY INFORMATION
IMMEDIATE RESPONSE INFORMATION
PHONE NUMBER
SPECIAL HANDLING INSTRUCTIONS
COMMENTS
CERTIFICATION
This is to certify that the above—named materials are properly classified, described, packaged, marked and labeled,
and are in proper condition for transportation according to the applicable regulations ol the Department ol Trans-
portation and the U.S. Environmental Protection Agency.
GENERATOR SIGNATURE
This is to certify acceptance of the hazardous waste shipment.
TRANSPORTER SIGNATURE
This is to certify acceptance of the hazardous waste (or treatment, storage, or disposal.
TSOF SIGNATURE
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TABLE II
HAZARDOUS WASTE GENERATOR REPORT
' . IDENTIFICATION
NAME
AOCMSSi
GENERATOR lOeMTIPICATIOM COOK
CLOSING DATE
WASTE INFORMATION
TREATMENT. STORAGE OR
DISPOSAL FACILITY I.O. COOE
MANIFEST DOCUMENT NUMBER
SHIPPING DESCRIPTION
QUANTITY
UNIT Olr
MSASOrti
COMMENTS
CERTIFICATION
/ certify that the above information is correct to the best of my knowledge and belief.
SIGNATURE-:
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SUBPART C - STANDARDS APPLICABLE TO
TRANSPORTERS OF HAZARDOUS WASTES
250.30 Scope
250.31 Definitions
250.32 Identification Code
250.33 Recordkeeping
250.34 Acceptance and Transport of Hazardous Waste
250.35 Compliance with the Manifest
250.36 Delivery of Hazardous Wastes to a Designated
Permitted Facility
250.37 Spills
250.38 Placarding/Marking of Vehicles
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250.30 SCOPE
(a) These regulations establish standards which apply to any person
or Federal agency that transports hazardous waste within the United
States which requires a manifest as specified under Subpart B of this
part or any transporter importing a shipment of hazardous waste from
abroad. If a manifest is not required, any person or Federal agency
that consolidates for shipment and transports hazardous waste shall
deliver the entire quantity of hazardous waste(s) to a facility
permitted under Subpart E of this part and shall comply with the DOT
regulations listed in 250.30(c).
(b) These regulations do not apply to persons or Federal agencies
that transport hazardous waste(s) on the site of a hazardous waste
generator or permitted hazardous waste management facility.
(c) If hazardous waste identified or listed under Subpart A of this
part also meets the definition and criteria for hazardous materials
of the Department of Transportation (49 CFR 171.8 and 173), the
following regulations of the Department of Transportation will apply
for both intrastate and interstate transportation: 49 CFR 171,
General Information, Regulations and Definitions; 49 CFR 174,
Carriage by Rail; 49 CFR 175, Carriage by Public Highway; 46 CFR
30-40 Tank Vessels; 46 CFR 64 Marine Portable Tanks; 46 CFR 98, Bulk
Cargos; 46 CFR 148, Solids in Bulk; and 46 CFR 98, Bulk Cargos; 46
CFR 148, Solids in Bulk; and 46 CFR 151, Unmanned Barges.
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250.31 DEFINITIONS
For purposes of this part, all terms not herein defined shall
take the meaning given them by the Solid Waste Disposal Act (Pub. L.
94-580).
(a) "Delivery document" means a shipping paper (bill of lading,
waybill, dangerous cargo manifest, or other shipping document) used
in lieu of the original manifest to fulfill the recordkeeping
requirement of 250.33.
(b) "Generator" means any person defined as a generator in regula-
tions under Subpart B of this part.
(c) "Hazardous material" means a substance or material which has
been determined by the Secretary of Transportation to be capable of
posing an unreasonable risk to health, safety, and property when
transported in commerce, and which has been so designated under 49
CFR 171.8 and 173.
(d) "Identification code" means the unique code assigned to each
transporter of hazardous waste by EPA or an authorized State upon
notification in accordance with Subpart G of this part or upon
compliance with 250.32 of this Subpart.
(e) "Manifest" means the form used for identifying the quantity,
composition, and the origin, routing and destination of hazardous
waste as specified in regulations under 250.22 Subpart B of this
part.
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(f) "Mode" means any of the following transportation methods: rail,
highway, air, or water.
(g) "Motor vehicle" means a vehicle, machine, tractor, trailer or
semitrailer, or any combination thereof, propelled or drawn by
mechanical power and used upon the highways in transportation. It
does not include a vehicle, locomotive, or car operated exclusively
on a rail or rails.
(h) "On the site" means on the same or geographically contiguous
property. Two or more pieces of property which are geographically
contiguous and are divided only by public or private right(s)-of-way
are considered a single site.
(i) "Permitted hazardous waste management facility" (or "permitted
facility") means a hazardous waste treatment, storage, or disposal
facility that has received an EPA permit in accordance with the
requirements of Subpart E of this part or a permit from an authorized
State agency.
(j) "Spill" means any accidental discharge of a hazardous waste onto
or into the land or water.
(k) "Transporter" means a person or Federal agency engaged in the
transportation of hazardous waste by air, rail, highway, or water.
(1) "Transport vehicle" means a motor vehicle, rail freight car,
freight container, cargo tank, portable tank, or vessel (as defined
in 49 CFR 171.8) used for the transportation of hazardous waste.
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(m) "United States" means the 50 States, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
250.32 IDENTIFICATION CODE
Any transporter who transports or intends to transport hazardous
waste within the United States shall comply with 250.822 and 250.823
to obtain an identification code from the Environmental Protection
Agency or an authorized State. The identification code issued shall
be included on:
(1) The manifest (Section 250.22);
(2) The Hazardous Materials Incident Report
(Section 250.37); and
(3) The delivery document (Section 250.35 (c)).
250.33 RECORDKEEPING
Each transporter shall maintain a copy of the manifest or
delivery document for a period of not less than three years from date
of either transfer of the hazardous waste to another transporter or
delivery of the hazardous waste to a permitted facility as indicated
on the manifest or the delivery document.
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250.34 ACCEPTANCE AND TRANSPORT OF HAZARDOUS WASTE
(a) A transporter shall not accept from a generator a shipment of
hazardous waste without a manifest signed by the generator in
accordance with the provisions of 250.22.
(b) A transporter shall not transport a shipment of hazardous waste
from a generator without signing the manifest acknowledging accep-
tance of the hazardous waste shipment.
(c) If a shipment of hazardous waste is transported by more than one
transporter, subsequent transporters shall not accept for transport
or transport the hazardous waste shipment without a manifest or
shipping document that contains the information on the manifest in
accordance with the provisions of 250.22.
(d) A transporter shall not transport a shipment of hazardous waste
in containers not properly labeled or marked in accordance with the
provisions of 250.26.
(1) If the DOT label is lost or detached, the transporter must
replace that DOT label in accordance with the provisions of 250.26.
(2) The DOT replacement label must be based on the information
taken from the manifest covering the shipment.
(e) A transporter shall not transport containers which are leaking
or appear to be damaged. In the event that leakage develops or is
discovered during transportation and the leakage results in a spill,
the transporter shall comply with 250.37.
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(f) A transporter shall not accept or consolidate hazardous waste(s)
consisting of a material or mixture of materials that is prohibited
from transportation by 49 CFR 173.21.
250.35 COMPLIANCE WITH THE MANIFEST
(a) Each transporter shall assure that a copy of the manifest or the
information contained on the manifest (in the form of, e.g., a
hazardous materials shipping paper, bill of lading, waybill) at all
times accompanies the shipment of hazardous waste.
(b) If the hazardous waste shipment is transferred between the
different modes (air, rail, highway, or water) or between different
transporters using the air or highway mode, each transporter and each
subsequent transporter shall sign the manifest or delivery document
acknowledging acceptance of the shipment before the hazardous waste
can be transported.
(c) The delivery document shall:
(1) Contain as a minimum, the following information:
(i) Name, address of transporter;
(ii) Name, address, identification code of generator;
(iii) Name, address, identification code of designated
permitted facility;
(iv) Corresponding manifest document number; and
(v) Description and quantity of hazardous waste.
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(2) Only be used when the original manifest is not with the
shipment of hazardous waste.
(d) The transporter shall, upon delivery of the hazardous waste to
the designated permitted facility, obtain the signature of an
authorized agent of the permitted facility on the manifest or
delivery document certifying delivery.
(1) If a delivery document is used in lieu of the manifest, the
transporter shall issue three copies of the delivery document to
the designated permitted facility for signature. The
transporter shall retain one of signed copies as required by
250.33.
(2) If the transporter cannot acquire immediate certification, the
transporter shall:
(i) Indicate on the manifest or delivery document the
following:
(A) Time and date of delivery; and
(B) Reason manifest or delivery document could not be
certified upon delivery; and
(ii) Acquire certification on the manifest or delivery document
by an authorized agent of the permitted facility as soon as
possible, but not to exceed five working days after
delivery of the shipment.
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250.36 DELIVERY OF HAZARDOUS WASTES TO A DESIGNATED PERMITTED
FACILITY
(a) The transporter shall deliver the entire quantity of hazardous
waste(s) accepted from a generator or a transporter to a permitted
facility designated by the generator on the manifest.
(b) If the transporter removes the hazardous waste from a transport
vehicle or aircraft for purposes of blending, mixing, treating, or
storing, it shall be done at a permitted facility.
(c) If hazardous wastes from different generators or separate wastes
from the same generator become mixed after having been accepted by
the transporter, the transporter shall comply with the generator
standards under Subpart B of this part unless the transporter can de-
monstrate that the information designated on the manifest(s) under
Section 250.22 (a) (5), (6) of Subpart B of this part still
identifies the hazardous waste.
250.37 SPILLS
(a) If a spill of hazardous waste requires immediate removal to
protect human health or the environment (as determined by EPA, other
Federal Agencies, or a State or local authorized official), the
requirements of this Section shall apply in lieu of Sections 250.32,
250.33, 250.34, 250.35, 250.36, and 250.38 of this Subpart until the
spill is cleaned up or until such action is taken so that the spilled
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hazardous waste no longer presents an immediate hazard to human
health or the environment (as determined by EPA, other Federal
Agencies, or a State or local authorized official).
(b) In the event of any spill of hazardous waste during
transportation, the transporter shall:
(1) Telephone immediately:
(i) The National Response Center, U.S. Coast Guard, toll
free, 800-424-8802; or
(ii) The government official predesignated in the
applicable Regional contingency plan pursuant to 40
CFR 1510 as the on-scene coordinator for the
geographic area in which the incident occurs.
(2) Furnish the following information upon notification:
(i) Name of person reporting the spill;
(ii) Name and address of transporter;
(iii) Name and address of generator;
(iv) Phone number where reported can be contacted;
(v) Date, time, and location of incident (indicate
pollution of land, water, air, or public water supply,
if known);
(vi) Type of transport vehicle and mode;
(vii) Type of incident (e.g., fire, breakage, spillage);
(viii) Classification, name, and quantity of hazardous waste
involved, to the extent available; and
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(ix) The extent of injuries, if any.
(3) File within 15 days a written report in duplicate with the
Director, Office of Hazardous Materials Operations, Materials
Transportation Bureau, Department of Transportation, Washington, D.C.
20590, on each spill that occurred during the course of
transportation. DOT form F 5800.1 (Appendix A) shall be utilized as
a basic reporting document; item A 1.6 shall be filled in as "waste;"
item B4 shall include the transporter's identification code. In
addition under part H of DOT form 5800.1, the following information
shall be included:
(i) If known, location of spill in relation to surface waters,
public water supply, groundwater, wildlife habitats, and
agricultural production areas;
(ii) Quantity of material removed and disposition of the
material; and
(iii) Disposition and quantity of unremoved material.
(c) The transporter shall clean up all the spilled hazardous waste
or take such action as may be required by Federal, State, or local
agencies so that the spilled hazardous waste no longer presents a
hazard to human health or the environment.
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250.38 PLACARDING/MARKING OF VEHICLES
(a) A transporter shall not move a transport vehicle containing
hazardous waste which is also a DOT hazardous material unless it is
placarded in accordance with 49 CFR 172, Subpart F. This prohibition
applies to both intrastate and interstate transportation.
(b) A transporter shall mark each motor vehicle being operated under
its own power for the transportation of hazardous waste if the motor
vehicle is required to be placarded or if the motor vehicle contains
greater than 1,000 pounds of hazardous waste. The marking shall
display the following information:
(1) Name of transporter under whose authority the vehicle is
being operated; and
(2) The city or community in which the carrier maintains its
principal office or in which the vehicle is customarily based.
(i) The marking must:
(A) Appear on both sides of the vehicle;
(B) Be in letters that contrast sharply in color with
the background; and
(C) Be readily legible during daylight hours from a
distance of 50 feet while the vehicle is stationary.
(ii) The marking may consist of a removable device meeting
the above identification requirements.
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SUBPART D - STANDARDS FOR OWNERS AND OPERATORS
OF HAZARDOUS WASTE TREATMENT, STORAGE AND
DISPOSAL FACILITIES
250.40 Scope/Applicability
250.41 Definitions
250.42 Human Health and Environmental Standard
250.42-1 Groundwater Human Health and Environmental Standard
250.42-2 Surface Water Human Health and Environmental Standard
250.42-3 Air Human Health and Environmental Standard
250.42-4 Commercial Products Human Health and Environmental
Standard
250.43 General Facility Standards
250.43-1 General Site Selection
250.43-1 Financial Requirements
250.43-3 Security
250.43-4 Emergency Procedures and Contingency Plans
250.43-5 Training
250.43-6 Manifest System, Recordkeeping and Reporting
250.43-7 Visual Inspections
250.43-8 Closure and Post Closure
250.43-9 Groundwater and Leachate Monitoring
250.44 Standards for Storage
250.44-1 Storage Tanks
250.44-2 Containers
250.45 Standards for Treatment/Disposal
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250.45-1 Incineration
250.45-2 Landfills
250.45-3 Surface Impoundments
250.45-4 Basins
250.45-5 Landfarms
250.45-6 Chemical, Physical and Biological Treatment Facilities
250.45-7 Facilities Which Make Commercial Products From Hazardous
Wastes
250.46 Special Waste Standards
250.46-1 Cement Kiln Dust Wastes
250.46-2 Utility Wastes
250.46-3 Phosphate Rock Mining and Processing Waste
250.46-4 Uranium Mining/Milling Wastes
250.46-5 Other Mining Wastes
250.46-6 Oil Drilling Mud/Brines
Annexes
Annex 1
Annex 2
Annex 3
Annex 4
Annex 5
EPA Interim Primary and Proposed Secondary Drinking Water
Standards
Threshold Limit Values for Chemical Substances
TSDF Report
Incompatible Wastes
Methods for Determining Soil pH
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250.40 SCOPE/APPLICABILITY
(a) These regulations are published pursuant to Subtitle C of the
Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6924, et
seq.), and are responsive to the requirements of Section 3004, which
directs the Administrator to promulgate regulations establishing
standards applicable to owners and operators of facilities for the
treatment, storage, and disposal of hazardous waste.
(b) All owners and operators of facilities that store, treat, and/or
dispose of hazardous wastes designated pursuant to Subpart A, except
those hazardous wastes listed as Special Wastes in Section 250.46,
shall comply as follows with the applicable standards of the Subpart:
(1) All owners and operators of such facilities shall comply
with the General Facility Standards of Section 250.43.
(2) All owners and operators of such facilities shall comply
with the Storage Standards of Section 250.44 with respect to any
hazardous waste that is stored.
(3) All owners and operators of such facilities shall comply
with the respective Treatment and Disposal Standards of Section
250.45 with respect to any hazardous waste that is treated
and/or disposed.
(c) All owners and operators of facilities that store, treat and/or
dispose of Special Wastes listed in Section 250.46 shall comply with
the General Facility Standards of Section 250.43 and the respective
Special Waste Standards of Section 250.46.
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(d) Many standards have notes which give the basis for a variance
for determining an equivalent standard which provides the same degree
of protection of human health and the environment. Any facility
which complies with a specific site variance arrived at in accordance
with these notes which the Administrator deems to be equivalent shall
be considered in compliance with the published standard.
(e) All owners and operators of facilities that store, treat and/or
dispose of hazardous waste shall also comply with the Human Health
and Environmental Standards of Section 250.42. Where compliance with
the Human Health and Environmental Standards requires meeting more
stringent requirements than prescribed by the General Facility Stan-
dards, the Storage Standards, the Treatment and Disposal Standards or
equivalent permit conditions as defined in 250.40(e), the Human
Health and Environmental Standards shall take precedence and shall be
the basis for permit conditions as and when permits are issued or
reissued.
NOTE: The General Facility Standards, Storage Standards, Treatment
and Disposal Standards, and Special Waste Standards are de-
signed to achieve compliance with the Human Health and En-
vironmental Standards. Accordingly, compliance with these
design and operating standards, or equivalent permit con-
ditions, presumes compliance with the Human Health and En-
vironmental Standards. It is planned and expected that
implementation of the hazardous waste program under RCRA
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(permit issuance and enforcement) will be principally based on
the design and operating standards, or equivalent permit con-
ditions. In certain unanticipated situations, however, it is
expected, because of atypical geologic, climatic, waste, or
other characteristics, that the design and operating standards
or equivalent permit conditions will not achieve compliance
with the Human Health and Environmental Standards. In these
cases, the Human Health and Environmental Standards will take
precedence, and will be the basis for design and operating re-
quirements reflected in permit conditions.
(f) All appropriate facilities must comply with the requirements of
Subpart E.
(g) Publicly owned treatment works which receive hazardous waste by
truck or by rail are exempt from the Subpart D requirements, except
the manifest reporting requirements specified in 250.43-6.
250.41 DEFINITIONS
For the purposes of this Part:
(1) "Active Fault" means a fault which, according to geologic evi-
dence, is capable of movement along a fault trace for as long as the
hazardous waste at the site may pose a threat to the environment.
(2) "Active Portion" means that portion of a facility where treat-
ment, storage, or disposal operations are being conducted or any part
of a facility where hazardous wastes are present. It includes the
treated area of a landfarm and the active face of a landfill.
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Building roofs and roads are excluded unless designated as "active
portions" by the Administrator.
(3) "Administrator" means the Administrator of the Environmental
Protection Agency, or his designee.
(4) "Annular Space of a Well" means the space between the bore hole
and the casing.
(5) "Aquifer" means a geologic formation, group of formations, or
part of a formation that is capable of yielding usable quantities of
water to a well or spring.
(6) "Attenuation" means any decrease in the maximum concentration or
total quantity of an applied chemical or biological constituent in a
fixed time or distance traveled resulting from a physical, chemical,
and/or biological reaction or transformation occurring in the zone of
aeration or zone of saturation.
(7) "Basin" means any uncovered device constructed of artificial
materials, used to retain wastes as part of a treatment process, usu-
ally with a capacity of less than 100,000 gallons. Examples of ba-
sins include open mixing tanks, clarifiers, and open settling tanks.
(8) "Bore Hole" means a man-made hole in a geological formation
which has been drilled, jetted, driven or made by other similar tech-
niques.
(9) "Cell of a Landfill" means a portion of a landfill which is iso-
lated horizontally and vertically, usually by means of an imperme-
able barrier from other portions.
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(10) "Chemical Fixation" means the treatment process involving reac-
tions between various waste materials and certain chemical systems,
resulting in solids which encapsulate, immobilize or otherwise tie up
hazardous components so as to reduce leachability and render the
waste nonhazardous or suitable for disposal.
(11) "Close Out" means the point in time at which facility owners/
operators discontinue operation by ceasing to accept, treat, store,
or dispose of hazardous waste.
(12) "Closure" means the act of securing a facility pursuant to the
requirements of Subpart D.
(13) "Closure Procedures" means the measures which must be taken by
facility owners/operators who no longer accept hazardous waste for
treatment, storage, or disposal on the entire site.
(14) "Common Code" means the unique code assigned by the Chemical
Abstract Services to each EPA hazardous waste and to each DOT hazard-
ous waste material listed in Section 250.14 of Subpart A.
(15) "Container" means any portable enclosure in which a material
can be stored, handled, transported, treated, or disposed.
(16) "Contamination" means the degradation of natural water, air, or
soil quality as a result of man's activities, to the extent that its
usefulness is impaired.
(17) "Cover Material" means soil or other suitable material that is
used to cover hazardous waste.
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(18) "Delivery Document" means a shipping paper (Bill of Lading,
Waybill, Dangerous Cargo Manifest, etc.), used in lieu of the origi-
nal manifest.
(18a) "Direct Contact" - (space reserved)
(19) "Disposal of Solid or Hazardous Waste" means the discharge, de-
posit, injection, dumping, spilling, leaking, or placing of any solid
waste or hazardous waste into or on any land or water so that such
solid waste or hazardous waste or any constituent thereof may enter
the environment or be emitted into the air or discharged into any
waters, including groundwaters.
(20) "Disposal Facility" means any facility which disposes of haz-
ardous waste.
(21) "EPA" means the U.S. Environmental Protection Agency.
(22) "EPA Region" means the states found in any one of the following
ten regions:
(1) Region I - Maine, Vermont, New Hampshire, Massachusetts,
Connecticut, and Rhode Island.
(2) Region II - New York, New Jersey, and Puerto Rico.
(3) Region III - Pennsylvania, Maryland, West Virginia, and
Virginia.
(4) Region IV - Kentucky, Tennessee, North Carolina, Mis-
sissippi, Alabama, Georgia, South Carolina, and Florida.
(5) Region V - Minnesota, Wisconsin, Illinois, Michigan,
Indiana, and Ohio.
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(6) Region VI - New Mexico, Oklahoma, Arkansas, Louisiana, and
Texas.
(7) Region VII - Nebraska, Kansas, Missouri, and Iowa.
(8) Region VIII - Montana, Wyoming, North Dakota, South Dakota,
Utah, and Colorado.
(9) Region IX - California, Nevada, Arizona, Hawaii, and Guam.
(10) Region X - Washington, Oregon, Idaho, and Alaska.
(23) "Facility" means any land and appurtenances thereto used for
the treatment, storage, and/or disposal of hazardous waste.
(24) "Final Cover" means cover material that is applied upon closure
of a landfill and is permanently exposed to the surface.
(25) "Five Hundred Year Flood" means a flood that has a 0.2 percent
or one in 500 chance of recurring in any year, or a flood of magni-
tude equalled or exceeded once in 500 years on the average over a
significantly long period. In any given 500-year interval, such a
flood may not occur, or more than one such flood may occur.
(26) "Flash Point" means the lowest temperature at which evaporation
of a substance produces sufficient vapor to form an ignitable mixture
with air, near the surface of the liquid. Ignitable mixture denotes
a mixture that, when ignited, is capable of the initiation and propa-
gation of flame away from the source of ignition. Propagation of
flame means the spread of the flame from layer to layer independently
of the source of ignition.
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(27) "Food Chain Crops" means pasture, forage or feed grain used to
feed animals which are raised for human consumption or used to pro-
duce products for human consumption, as well as food or tobacco crops
for human consumption.
(28) "Freeboard" means the vertical distance between the normal max-
imum level of the surface of the liquid in a surface impoundment,
basin, open tank, etc. and the top of the dike or top of the sides of
an impoundment, basin, open tank, etc.
(29) "Fugitive Emissions" means air contaminant emissions other than
those from stacks, ducts, or vents or from non-point emission
sources.
(30) "Generator" means any person or Federal agency whose act or
process produces hazardous waste (as identified or listed under Sub-
part A of this part); however, a person or Federal agency who
produces and disposes of no more than 100 kilograms (approxi-
mately 220 pounds) per month of hazardous waste (as identified or
listed under Subpart A of this part) is not a generator.
(31) "Groundwater" means water beneath the land surface in the satu-
rated zone.
(32) "Hazardous Waste" means hazardous waste as defined in Subpart
A.
(33) "Hazardous Waste Facility Personnel" means those persons re-
sponsible for performing and/or overseeing operations at a hazardous
waste treatment, storage or disposal facility, and whose actions or
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failure to act may result in damage to human health or the environ-
ment.
(34) "Hazardous Waste Landfill" means an excavated or engineered
area on which hazardous waste is deposited and covered.
(35) "Hazardous Waste Leachate" means the liquid that has percolated
through or drained from hazardous waste emplaced in or on the ground.
(36) "Hydraulic Gradient" means the change in hydraulic pressure per
unit of distance in a given direction.
(37) "Identification Code" means the unique code assigned by EPA to
each generator, transporter, and treatment, storage, or disposal
facility, pursuant to Subpart G regulations.
(38) "Incinerator" means an engineered device using controlled flame
combustion to thermally degrade hazardous waste. Examples of devices
used for incineration include rotary kilns, fluidized beds, liquid
injection incinerators, pathological incinerators, cement kilns, and
utility boilers.
(39) "Incompatible Waste" means a waste unsuitable for commingling
with another waste or material, where the commingling might result
in:
(1) extreme heat or pressure generation,
(2) fire,
(3) explosion or violent reaction,
(4) formation of substances which are shock-sensitive,
friction-sensitive, or otherwise have the potential of reacting
violently,
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(5) formation of toxic dusts, mists, fumes, gases, or other
chemicals, and
(6) volatilization of ignitable or toxic chemicals due to heat
generation, in such a manner that the likelihood of contamina-
tion of groundwater, or escape of the substances into the envi-
ronment, is increased.
(40) "Landfarming of a Waste" means application of waste onto land
and incorporation into the surface soil. Synonyms include land ap-
plication, land cultivation, land irrigation, land spreading, soil-
farming, and soil incorporation.
(41) "Liner" means a layer of emplaced materials beneath a surface
impoundment or landfill which serves to restrict the escape of the
wastes or its constituents from the impoundment or landfill.
(42) "Manifest" means the form used for identifying the quantity,
composition, and the origin, routing and destination of hazardous
waste as specified in regulations under Section 250.43-6, Subpart B
of this part.
(43) "Manifest Document Number" means the unique serially increasing
number assigned to the manifest by the generator for recordkeeping
and reporting purposes.
(44) "Monitoring" means all procedures used to systematically
inspect and collect data on operational parameters of the facility or
on the quality of the air, groundwater, or surface water.
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(45) "Monitoring Well" means a well used to obtain water samples for
water quality analysis or to measure groundwater levels.
(46) "Navigable Waters" means "waters of the United States, inclu-
ding the territorial seas," as defined in 43 FR page 37090.
(47) "Non-point Source" means a source of air contaminant emissions
other than those from stacks, ducts, or vents resulting from disposal
and treatment of hazardous wastes, including, but not limited to,
landfills, landfarms, surface impoundments, and basins.
(48) "One Hundred Year Flood" means a flood that has a one percent
or one in 100 chance of recurring in any year, or a flood of magni-
tude equalled or exceeded once in 100 years on the average over a
significantly long period. In any given 100-year interval, such a
flood may not occur, or more than one such flood may occur.
(49) "On-site" means on the same geographically contiguous property.
Two or more pieces of property which are geographically contiguous
and are divided by public or private right(s)-of-way are considered a
single site.
(50) "Open Burning" means the combustion of any material without the
following characteristics:
(1) control of combustion air to maintain adequate temperature
for efficient combustion,
(2) containment of the combustion-reaction in an enclosed de-
vice to provide sufficient residence time and mixing for com-
plete combustion, and
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(3) emission of the gaseous combustion products through a stack
duct or vent adequate for both visual monitoring and point
source sampling.
(51) "Owner/Operator" means the person who owns the land on which a
facility is located when that person is responsible for the overall
operation of the facility.
(52) "Partial Closure Procedures" means the measure which must be
taken by facility owners/operators who no longer accept hazardous
waste for treatment, storage or disposal on a specific portion of the
site.
(53) "Permafrost" means permanently frozen subsoil.
(54) "Point Source" means a source of air contaminant emissions from
stacks, ducts, or vents resulting from disposal and treatment of
hazardous wastes.
(55) "Post-Closure Care" means the monitoring and facility mainte-
nance activities conducted after closure.
(56) "POTW" (space reserved.)
(57) "Reactive Hazardous Wastes" means (as defined in Subpart A):
(1) wastes which in themselves are normally unstable and
readily undergo violent chemical change, but do not detonate,
as well as wastes which may react violently with water, or which
may form potentially explosive mixtures with water, or which
generate toxic fumes when mixed with water;
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(2) wastes which in themselves are capable of detonation or ex-
plosive reaction, but require a strong initiating source or
which must be heated under confinement before initiation, or
which react explosively with water;
(3) wastes which in themselves are readily capable of detona-
tion or of explosive decomposition or reaction at normal tem-
peratures and pressures.
(57a) "Recharge Zone" (space reserved)
(58) "Regional Administrator" means the Regional Administrator of
the Environmental Protection Agency Region in which the facility con-
cerned is located, or his designee.
(59) "Reporting Quarter" means the three (3) month time period cov-
ered by each quarterly report; the reporting quarter shall end on the
last day of March, June, September, and December.
(60) "Reporting Year" means the twelve month time period covered by
each annual report; the reporting year shall end on the last day of
September.
(61) "Retention Time" means the time hazardous wastes are subjected
to the combustion zone temperature.
(62) "Run-off" means the portion of precipitation that drains over
land from an area as surface flow.
(63) "Saturated Zone (Zone of Saturation)" means that part of the
earth's crust in which all voids are filled with water.
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(64) "Scavenging" means the unauthorized removal of hazardous waste
materials from a facility.
(65) "Spill" means any accidental discharge of hazardous wastes onto
or into the land or water.
(66) "Soil Conditioning Products" means fertilizers, soil amendments
or related products used for the purpose of improving the quality of
the soil.
(67) "Sole Source Aquifers" means those aquifers designated in Sec-
tion 1424(e) of the Safe Drinking Water Act of 1974 (P.L. 93-523)
which solely or principally supply drinking water to a large percent-
age of a populated area.
(68) "Storage of Hazardous Waste" means the containment of hazardous
waste either on a temporary basis or for a period of years in such a
manner as not to constitute disposal of such hazardous waste.
(69) "Storage Facility" means any facility which stores hazardous
wastes, except generators who store their own wastes for less than 90
days for subsequent transport off-site.
(70) "Storage Tank" means any manufactured non-portable covered de-
vice used for containing pumpable hazardous wastes.
(71) "Surface Impoundment" means any natural depression or excavated
and/or diked areas built into or upon the land, which are fixed, un-
covered, and lined with soil or a synthetic material, and are used
for treating, holding, or disposing waste. Examples include holding
ponds and aeration ponds (not landfills).
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(72) "Training" means formal instruction, supplementing an employ-
ee's existing job knowledge, designed to protect human health and the
environment via increased awareness and improved job proficiency.
(73) "Transporter" means a person or Federal Agency engaged in the
transportation of hazardous waste by air, rail, highway, or water.
(74) "Treated Area of a Land Farm" means that portion of the land-
farm that has had hazardous waste applied to it, to include the zone
of incorporation.
(75) "Treatment of a Hazardous Waste" means any method, technique,
or process, including neutralization, designed to change the physi-
cal, chemical, or biological character or composition of any hazard-
ous waste so as to neutralize such waste or so as to render such
waste nonhazardous, safer for transport, amenable for recovery, amen-
able for storage, or reduced in volume. Such term includes any
activity or processing designed to change the physical form or chemi-
cal composition of hazardous waste so as to render it nonhazardous.
(76) "Treatment Facility" means any facility which treats hazardous
waste.
(77) "True Vapor Pressure" means the pressure exerted when a solid
and/or liquid is in equilibrium with its own vapor. The vapor pres-
sure is a function of the substance and of the temperature.
(78) "24-hour, 25-year Storm" means a storm of 24-hour duration
whose frequency of occurrence is once in 25 years.
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(79) "Unsaturated Zone (Zone of Aeration)" means interstices occu-
pied partially by water and partially by air; it is the zone be-
tween the land surface and the nearest saturated zone.
(80) "United States" means the 50 States, District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
(81) "UDWS" means an Underground Drinking Water Source as defined in
the Underground Injection Control (UIC) Draft Regulations (40 CFR
146.02(r)) as follows:
(1) an aquifer which currently supplies a public water system;
or
(2) an aquifer which contains water having less than 10,000
mg/1 total dissolved solids; or
(3) any aquifer designated as usable by the Administrator after
a public hearing. (Additional details will be supplied at a
later date.)
(82) "Vapor Recovery System" means a vapor gathering system capable
of collecting vapors and gases discharged from a storage tank, and a
vapor processing system capable of processing such vapors and gases
so as to prevent their emission to the atmosphere.
(83) "Water Table" means the upper surface of the zone of saturation
in an unconfined aquifer at which the pressure is equal to atmospher-
ic pressure.
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(84) "Wetlands" means those areas that are inundated or saturated by
surface water or groundwater at a frequency and duration sufficient
to support, and under normal circumstances do or would support, a
prevalence of vegetation typically adapted for life in saturated or
seasonally saturated soil conditions. Wetlands generally include
swamps, marshes, bogs, and similar areas such as sloughs, potholes,
wet meadows, river outflows, mudflats, and natural ponds.
(85) "Zone of Incorporation" means the depth to which the soil on a
landfarm is plowed or tilled to receive waste.
"For purposes of this part, all terms not herein defined shall
take the meaning given them by the Solid Waste Disposal Act (P.L.
94-580)."
250.42 HUMAN HEALTH AND ENVIRONMENTAL STANDARDS
(1) All owners/operators of all facilities which treat, store, or
dispose of hazardous waste as identified or listed in Subpart A shall
under all circumstances comply with all the human health and environ-
mental objectives.
(2) Facility owner/operators who are in compliance with all appli-
cable standards shall not be required to prove that he/she is in
compliance with the human health and environmental objectives.
250.42-1 Groundwater, Human Health, and Environmental Standard
The objective of this section is to assure that facilities are
located, designed, constructed and operated in such a manner that
they do not degrade any groundwater such that Underground Drinking
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Water Sources (UDWS) anywhere outside the facility property would at
any time in the future be endangered. A treatment, storage or dis-
posal practice "endangers" a UDWS if:
(1) such practice would result in a public water system not
complying, now, or in the future, with any National Primary
Drinking Water regulation (see Annex 1: EPA Interim Drinking
Water Standards); or
(2) such practice may make it necessary for a person using a
UDWS to treat or increase treatment of the water; or
(3) such practice might make it necessary for a person who uses
the UDWS in the future to treat or more extensively treat the
water than would otherwise have been necessary; or
(4) such practice may otherwise adversely affect the health of
persons, such as by adding a substance that would make the
water from the UDWS unfit for human consumption.
(The final form of the above objective is dependent upon the
eventual promulgation of UIC regulations.)
250.42-2 Surface Water, Human Health, and Environmental Standard
All facilities shall be located, designed, constructed and
operated in such a way that any surface or substance discharge from
the facility into waters of the United States does not at any time
cause a violation of Water Quality Standard promulgated or approved
under Section 303 of the Clean Water Act, or constitute a spill of
hazardous substances under Section 311 of the Clean Water Act.
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250.42-3 Air, Human Health, And Environmental Standard
The objective of this section is to assure that facilities are
located, designed, constructed, and operated in such a manner that:
(a) air emissions from such facilities do not adversely affect
human health or the environment; and
(b) non-point emission sources shall not contribute any air
contaminant to the atmosphere in concentrations exceeding the
Threshold Limit Value (TLV) for that air contaminant, as
published by the American Conference of Governmental Industrial
Hygienists (ACGIH), or contribute two or more listed air con-
taminants in a manner which causes the following equation to
produce a sum exceeding unity:
cl C2 cn
Ll L2 Ln
where,
GI , C2-.., and Cn are. concentrations at the surface of the
non-point source and LI, ~LI, and Ln are the corresponding
Threshold Limit Values for those air contaminants (see Annex
2).
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250.42-4 Commercial Products, Human Health, And Environmental
Standard
The objective of this section is to assure that commercial pro-
ducts made from hazardous waste shall not result in degradation of
surface water, groundwater, air, and land, or adversely affect human
health to a level which exceeds that resulting from the use of the
virgin product being replaced.
250.43 GENERAL FACILITY STANDARDS
(a) All facilities shall be located, designed, constructed, and oper-
ated such that discharge to the groundwater does not occur, unless
the facility owner/operator can demonstrate that the discharge will
not cause the groundwater human health and environmental standard
(250.42-1) to be violated.
(b) All facilities with point source discharges, including dis-
charges from leachate collection systems and/or surface run-off col-
lection systems, to navigable waters shall comply with the regula-
tions promulgated under the Clean Water Act of 1977 (P.L. 95-217).
Additionally, facilities with discharges to municipal sewer systems
shall meet applicable pretreatment standards and have the appro-
val of the municipal sewer system authority.
(c) Diversion structures capable of diverting, from the active por-
tions of facilities, surface water run-off from a 24-hour, 25-year
storm shall be constructed and maintained.
Note: Facility owners/operators do not need to construct such diver-
sion structures if they can demonstrate that surface water
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run-off will not enter the facility such that it damages the
facility or causes the surface water human health and en-
vironmental standard to be violated.
(d) Surface water run-off from active portions of facilities shall
be collected and confined to a point source before discharge.
Note: Facility owners/operators do not have to collect and confine
surface water over active portions if they can demonstrate
that alternatives will not allow the surface water and
groundwater human health and environmental standards to be
violated.
(e) Open burning of hazardous waste is prohibited unless the facil-
ity can demonstrate compliance with the air human health and en-
vironmental standard (250.42-3).
(f) All facilities shall comply with applicable standards of the
Clean Air Act and its provisions.
(g) Any person who generates or removes a hazardous waste from a
facility shall comply with the requirements of Subpart B, Section
3002 (Standards Applicable to Generators).
(h) All facility owners and operators shall obtain an analysis of
each type of waste from each source. This analysis shall identify
the principal hazardous components and characteristics of the waste,
as is necessary for the facility owner/operator to comply with the
requirements of this Subpart.
(i) All facility owner/operators shall sample each shipment or batch
of waste received at the facility in order to confirm that the
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contents of the shipment or batch matches the analysis required in
paragraph (h) above.
(j) Facility owner/operators shall close (as specified in 250.43-8)
all portions of their facilities which do not comply with these regu-
lations.
250.43-1 General Site Selection
(a) Facilities shall not be located on or near active fault zones.
(b) In accordance with Executive Order 11988, "Floodplain Man-
agement," facilities shall not be located in a 100-year floodplain.
Note: Facilities may be located in 100-year floodplains if it can
be demonstrated that the facility will not restrict the flow
of a 100-year flood or reduce the temporary water-storage
capacity of the floodplain such that increased flooding up-
stream or downstream may result from the 100-year flood.
(c) In accordance with Executive Order 11988, "Floodplain Man-
agement," facilities shall not be located in a 500-year floodplain.
Note: Facilities may be located in 500-year floodplains if it can
be demonstrated that the facility is designed, constructed,
operated, and maintained such that the facility will not be
inundated by a 500-year flood.
(d) In accordance with Executive Order 11990, "Protection of Wet-
lands," facilities shall not be located in wetlands.
Note: Facilities may be located in wetlands if:
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(1) The facility obtains an NPDES permit under Section 402 of
the Federal Water Pollution Control Act Amendments of 1972
(P.L. 92-500, 86 Stat. 880, 33 U.S.C. 1342); and
(2) If a levee or other type of containment structure is to be
placed in the water as part of the disposal activity, the facil-
ity obtains a permit issued under authority of Section 404 of
the Federal Water Pollution Control Act Amendments of 1972
(P.L. 92-500, 86 Stat. 884, 33 U.S.C. 1344), according to the
Army Corps of Engineers Permits for Discharges of Dredged or
Fill Material into Waters of the United States (33 CFR Part
323).
(e) Facilities shall not be located in a permafrost area.
Note: Facilities may be located in a permafrost area if:
(1) Other alternatives, such as recycling or salvaging of
materials, energy recovery of combustibles, and transport of the
waste to more temperate regions are evaluated and determined to
be technically or economically infeasible; and
(2) The facility is located on relatively dry and workable
soils where minimal or no vegetative cover exists, and the facil-
ity is designed, constructed and operated so as to minimize ero-
sion and to minimize surface areas consumed.
(f) Facilities shall not be located in a critical habitat area
listed in 50 CFR Part 17, Subpart F: Critical Habitat, 1760 et seq.
Note: Facilities may be located in critical habitat areas if:
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(1) It can be demonstrated that such treatment, storage, or
disposal operations will not jeopardize the continued existence
of endangered species; and
(2) Approval of the treatment, storage or disposal plan is ob-
tained from the Office of Endangered Species, U. S. Fish and
Wildlife Service, Department of the Interior.
(g) Facilities shall not be located in the recharge zone of a sole
source aquifer.
Note: Facilities may be located in the recharge zones of sole source
aquifers if it can be demonstrated that the facility is
located, designed, constructed, operated, maintained and mon-
itored to prevent endangerment of the aquifer.
(h) Active portions of facilities shall be located a minimum of 200
feet from the facility's property line.
Note: Facilities may locate active portions of their facilities
closer than 200 feet from their property line if it can be
demonstrated that such facility location will not cause the
groundwater (250.43-1) or surface water (250.43-2) human
health and environmental standards to be violated.
250.43-2 Financial Requirements
(a) Continuity of Operation
(1) Requirements for Facility Closure
(i) Cost Estimation
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Each owner or operator of a hazardous waste treatment, storage
or disposal facility shall file as a part of his or her application
for a permit an estimate of the costs of closing the site, for which
the permit is sought, after its capacity is reached or operations
have otherwise terminated, in accordance with the requirements of
Section 250.43-8 of this subpart. The Regional Administrator will
evaluate this cost estimate and either accept the estimate as made or
after revision, in accordance with his or her evaluation.
(ii) Financial Assurance for Facility Closure
Each facility owner or operator shall establish a secured trust
fund designated, "in trust for the closure of (the permitted
hazardous waste treatment, storage, or disposal facility)." A bank
or other financial institution approved by the Regional Administrator
shall act as the trustee of the closure trust fund. Disbursements
from the closure trust fund are allowable only upon the Regional
Administrator's written approval.
Each owner or operator shall deposit into the trust fund, as a
condition of receiving a permit, a cash deposit equal to the cost
estimate for closure, multiplied by the appropriate present value
factor from Table 1. If life of the site exceeds 20 years, the
present value factor can be determined by using the following
formula:
PVF = J. SL
1.02
where: PVF = present value factor
SL = site life in years
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Table 1
Site Life in Years Present Value Factor
1 .980
2 .961
3 .942
4 .924
5 .906
6 .888
7 .871
8 .853
9 .837
10 .820
11 .804
12 .788
13 .773
14 .758
15 .743
16 .728
17 .714
18 .700
19 .686
20 .673
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(iii) Reimbursement for Closure Costs
When an owner or operator has ceased operations at a hazardous
waste management facility and has completed closure of the site, as
required under Section 250.43-8 of the subpart, he or she may apply
to the Regional Administrator for return of the funds, principal and
interest, in the closure trust fund. Upon determination that closure
has been satisfactorily accomplished, the Regional Administrator may
release all funds accumulated in the trust fund.
(2) Requirements for Post Closure Monitoring and
Maintenance
(i) Cost Estimation
Each owner or operator of a hazardous waste disposal facility
shall file with the Regional Administrator, as part of his or her
application for a permit, an estimate of the annual cost of post
closure monitoring and routine maintenance at the site in accordance
with the closure regulations in Sections 250.43-8 of this subpart.
The Regional Administrator will evaluate the cost estimate, and after
such modification as may be necessary in light of his or her evalua-
tion, give notice of acceptance of the cost estimate. This value
which will be referred to as the annual post closure operating cost
will then be used to determine the annual cash payments into a trust
fund for monitoring and maintenance as required under Section
250.43-8 of this subpart for a period of twenty years after facility
closure.
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NOTE: By definition, hazardous waste treatment and storage
facilities will have no need to conduct post closure mon-
itoring and maintenance since all wastes will be removed from
the facility at the time of closure.
(ii) Financial Assurance for Post Closure Monitoring
and Maintenance
Each owner or operator of a hazardous waste disposal facility
shall further designate the closure trust fund established under Sec-
tion 250.43-1 (a)(l)(ii), "in trust for the post closure monitoring
and maintenance of (the permitted hazardous waste disposal facil-
ity)." The period of payment into this portion of the trust fund
shall be equal to the length of life of the site except when the life
of the site exceeds twenty (20) years in which case the period of
payment into the trust fund shall be twenty years. Equal, annual
cash payments shall be made into the trust fund from the end of the
first year of site operation until the end of the period of payment.
If for any reason the required annual payment is not made, the
trustee shall notify the Regional Administrator. The amount of the
annual cash payment shall be calculated by multiplying the annual
post closure operating costs as determined under Section 250.43-2
(a)(2)(i) by 16.35, and dividing the product by the Sum of Annuity
factor appropriate to the period of payment in Table 2.
(iii) Reimbursements for Post Closure Costs
One year after completion of closure, in compliance with
250.43-8 of this subpart, and annually thereafter, for a period of
twenty years, an owner or operator who has carried out all necessary
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Table 2
Period of Payment Sum of Annuity Factor
1 1.000
2 2.020
3 3.060
4 4.122
5 5.204
6 6.308
7 7.434
8 8.583
9 9.755
10 10.950
11 12.169
12 13.412
13 14.680
14 15.974
15 17.293
16 18.639
17 20.012
18 21.412
19 22.841
20 24.297
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post closure maintenance and monitoring as required under Section
250.43-8 of this subpart, upon application to the Regional
Administrator, may be reimbursed out of the funds in the trust fund,
an amount equal to the costs for monitoring and routine maintenance
for that year. Requests for release of funds for reimbursement must
be accompanied by an itemized list of costs incurred. Upon deter-
mination that the expenditures incurred are in accordance with the
approved plan and/or are justified, the Regional Administrator may
release the funds. Any funds remaining in the trust at the end of
the twentieth year will likewise be released.
(3) Access and Default
As a condition of issuance of any permit pursuant to these
regulations, a permit holder shall be deemed to have granted to the
Administrator, his employees and agents the right to enter upon the
site covered by the permit and carry out the closure and post-closure
monitoring and operations otherwise required of the permit holder in
the event of the permit holder's default on closure or abandonment of
the site following its closure. In the event of default on these
requirements on the part of the permit holder or abandonment of the
site, all regulatory requirements are transferred to the owner of the
site. In the event that the site owner or the permit holder cannot
be reached within 48 hours of attempt to serve a compliance order
respecting closure or post closure responsibilities, EPA may directly
use part or all of the funds accumulated in the fund to accomplish
the regulatory requirements.
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(b) Financial Responsibility
(1) Financial Responsibility Required of Owners or
Operators During Site Operation
Each owner or operator of a hazardous waste treatment, storage
or disposal facility shall have and shall maintain financial respon-
sibility in the minimum amount of $5 million for claims arising out
of injury to persons or property from the release or escape of
hazardous wastes to the environment. This includes those clean up
costs which are a legal obligation of the facility owner or operator.
(i) Establishment of Financial Responsibility
Financial responsibility may be established by any one, or a
combination, of the following:
1) Evidence of liability insurance
2) Self insurance
3) Other evidence of financial responsibility.
Evidence of financial responsibility acceptable to the Regional
Administrator must be maintained during the operation of a hazardous
waste treatment, storage or disposal facility. The level of self
insurance shall not exceed 10 percent of equity.
(2) Establishment of Post Closure Financial Responsibility
for Hazardous Waste Disposal Facilities
(Reserved)
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250.43-3 Security
(a) Facilities shall have fencing completely surrounding the active
portions of the facility.
NOTE: Facilities do not have to comply with the above standard
(250.43-3(a)) if the owner/operator can demonstrate that
the facility in question is surrounded by a natural or
artificial barrier capable of preventing scavenging, un-
permitted treatment, storage or disposal activity, the
unknowing entry of persons, domestic livestock, or any
other unauthorized entry.
(b) Ingress through each gate or other access shall be controlled by
an attendant, mechanical or electro-mechanical device whenever the
facility is in operation (e.g., security personnel, key cards, or
television monitors, respectively). Each gate or other access shall
be secured whenever the facility is not in operation.
(c) A sign, in the English language and the predominant language of
the area surrounding a facility (e.g. , facilities in states bordering
Mexico and Canada shall have signs posted in Spanish and French, re-
spectively), having the following legend - (WARNING - Unauthorized
Personnel Keep Out) - shall be posted about the active portions of
the facility. The sign shall consist of block letters not less than
four (4) inches in height. The letters shall be of a color offering
high contrast with the background color of the sign.
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NOTE: Facilities may deviate from the specified four (4) inch
block letters and legend of the sign as specified in
Standard 250.43-3(d), provided that the facility
owner/operator can demonstrate that the proposed alterna-
tive sign in question is legible and clearly visible
from each and every access onto a facility and that the
sign warns against unauthorized entry or is unnecessary
in light of the standards.
250.43-4 Emergency Procedures and Contingency Plans
(a) Contingency plans
(1) The facility owner/operator shall develop a contingency
plan for his facility so as to minimize human health or en-
vironmental damage in the event of an accidental discharge. The
provisions of the plan shall be followed, as appropriate, in
the event of an emergency at the facility.
(2) A copy of the contingency plan shall be filed with the EPA
Regional Administrator and with all local police departments,
fire departments, hospitals and hazardous incident response
teams (H.I.R.T.) who may be called upon to provide emergency
services. All revisions to the plan shall be promptly reported
in writing to all affected parties having copies of the con-
tingency plan.
(3) The plan shall describe arrangements made with local police
departments, fire departments, hospitals, and hazardous
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incident response teams (H.I.R.T.) to coordinate emergency
services. These arrangements shall include:
(i) familiarization of police, fire departments, and
hazardous incident response teams (H.I.R.T.) with
facility layout, wastes handled at the facility and
associated hazards, places where facility personnel would
normally be working, entrances and roads inside the
facility, possible evacuation routes, etc.; and
(ii) where necessary, agreements designating primary
emergency authority to one police and one fire department
jurisdiction in the event that more than one responds to
the emergency, and agreements with any others to provide
support to the primary authority.
NOTE: Arrangements need not be made with local police
agencies, fire departments, hospitals and hazardous
incident response teams (H.I.R.T.) if the owner/operator
can demonstrate that hazards do not exist at the facility
which necessitate the services of the above mentioned
organizations.
(4) At all times when the facility is in operation, there shall
be at least one person present with the reponsibility of
coordinating all emergency response measures. This emergency
coordinator shall be thoroughly familiar with all aspects of the
facility's contingency plan, all operations activities at the
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facility, location and characteristics of wastes handled, loca-
tion of manifests within the facility, and facility layout.
(5) The names, addresses, and phone numbers (office and home)
of all persons qualified to act as emergency coordinators under
(a)(4) above shall be listed in the contingency plan submitted
for each facility.
(6) The plan shall include a list, physical description, and
description of capabilities of all emergency equipment at the
facility, including fire extinguishing systems, alarms (internal
and external), decontamination equipment, etc.
(7) The plan shall include an evacuation plan for facility
personnel and outlining evacuation routes, signals(s) to be used
to begin evacuation, and alternate evacuation routes if the
primary routes can potentially be blocked by fires, spills,
etc., of hazardous waste.
(8) The plan shall include an outline of a program for
familiarizing employees with emergency procedures (alarm signal,
shutdown of operations, evacuation) and for drills on these
procedures.
(b) Preparedness and Prevention
(1) All facilities shall be equipped with the following:
(i) An alarm or other communications system capable of
summoning external emergency assistance (i.e., local pol-
ice departments, fire departments, and hazardous incident
response teams; and
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NOTE: An alarm or other communication system is not needed if
the facility owner/operator can demonstrate that hazards
at the facility requiring external emergency assistance
do not exist.
(ii) an internal communications system capable of provi-
ding immediate emergency instruction (voice or signal) to
facility employees.
(2) At any time that hazardous waste is being poured, mixed,
spread, or otherwise handled, all employees involved in the
operation shall have immediate access to an internal or ex-
ternal alarm or emergency communication device, either directly
or through visual or voice contact with another employee. If at
any time during operation of the facility there is a sole em-
ployee on the premises, he/she shall have immediate access to
an alarm or other communication device capable of summoning ex-
ternal emergency assistance.
(3) Facilities shall have the following:
(i) portable fire extinguishers, fire control equipment,
and spill control equipment;
(ii) water at adequate volume and pressure to supply
water hose streams, foam producing equipment, automatic
sprinklers, or water spray systems; and
(iii) special extinguishing equipment, such as that
utilizing foam, inert gas, or dry chemical.
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NOTE: Fire extinguishing equipment, fire control equipment, and
spill control equipment is not needed if the facility
owner/operator can demonstrate that hazards at the facil-
ity which necessitate the need for such equipment do not
exist.
(4) All facility fire protection equipment shall be adequately
maintained and periodically inspected and tested to make sure
it is always in satisfactory operating condition, and that it
will serve its purpose in time of emergency.
(5) Adequate aisle space shall be maintained for unobstructed
movement of personnel, and maintained so that fire protection
equipment can be brought to bear on any area of facility oper-
ation.
NOTE: Aisle space need not be maintained for unobstructed move-
ment of personnel and protection equipment if the facil-
ity owner/operator can demonstrate that the aisle space
is not necessary for the movement of personnel and it is
not necessary to bring in fire equipment.
(6) Precautions shall be taken to prevent accidental ignition
of ignitable materials. Sources of ignition, including but not
limited to open flames; lightning; smoking; cutting and wel-
ding; hot surfaces; frictional heat; static, electrical, and
mechanical sparks; spontaneous ignition, including heat-
producing chemical reactions; and radiant heat, shall be
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eliminated or protected against facilities where a flammable
atmosphere could be created.
(7) While ignitable or reactive wastes are being handled, smok-
ing shall not be permitted and no one near the wastes shall pos-
sess matches, open light, or other fire or flame. Smoking and
open flame shall be prohibited at the facility except in de-
signated localities. "No Smoking" signs shall be conspicuously
posted where hazard from ignitable or reactive liquid vapors is
normally present.
(c) Response and Recovery
(1) In the event of an accidental discharge, the facility's
emergency coordinator shall identify the character, exact
source, volume and extent of the discharged materials by review
of facility records and manifests, and if necessary, by chemical
analysis.
(2) The emergency coordinator shall assess possible hazards to
local communities associated with a discharge. This assessment
shall include consideration of indirect effects, such as toxic,
irritating, or asphyxiating gases, hazardous surface run-off due
to water or chemical agents used to control fire, and heat-
induced explosions.
(3) The emergency coordinator shall determine what actions
should be taken to mitigate damage or injury to the community
and its residents. This determination shall indicate whether:
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(i) local communities may have been exposed to a hazard-
ous substance; and
(ii) evacuation of local populated areas should be
initiated because of imminent danger (i.e., from toxic
combustion products, ignitable or explosive vapors,
threatened explosions, etc.).
(4) The emergency coordinator shall notify appropriate agencies
with designated response roles immediately if an emergency at
the facility presents a potential threat to local populated
areas, or if their assistance is necessary.
(5) The emergency coordinator shall notify appropriate local
authorities immediately if his/her assessment indicates that
evacuation of local areas may be advisable. The emergency
coordinator shall be prepared to assist authorities in making
the final determination as to whether evacuation is necessary.
(6) Where applicable, the emergency coordinator shall activate
internal facility alarms or communications systems to notify
all personnel of imminent or actual emergency situations.
(7) In the event that a facility has a fire, spill or explosion
which has the potential for endangering human health or the en-
vironment, the emergency coordinator shall telephone the United
States Coast Guard National Response Center's twenty-four (24)
hour toll free number, 800-424-8802, to report such an incident
immediately after discovery of its occurence.
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(8) The emergency coordinator shall take all reasonable
measures necessary to ensure that fires and explosions do not
reoccur and do not spread to other hazardous wastes at the
facility. These shall include, where applicable, cessation of
processes and operations, collection and containment of
discharged wastes, removal or isolation of containers, etc.
(9) The emergency coordinator shall record the time, date, and
nature of the emergency, and convey a preliminary report with
this and any other pertinent information on the emergency to
the Regional Administrator, as required in Section 250.43-6 of
this subpart.
(10) The emergency coordinator shall provide for treatment,
storage or disposal of recovered wastes, contaminated soil, or
materials resulting from an accident at the facility after the
recovered wastes, contaminated soil or contaminated materials
have been:
(i) analyzed to determine whether it is a hazardous
waste, or
(ii) assumed to be a hazardous waste.
(11) The emergency coordinator shall ensure that no wastes
which may be incompatible with the released material are ac-
cepted for treatment, storage or disposal at the facility until
clean-up procedures are completed, emergency equipment restored
to pre-accident condition, and the affected area is declared
safe by EPA or other appropriate regulatory authorities.
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(12) Where applicable, the emergency coordinator shall, sub-
sequent to shut-down of operations, in response to a fire, spill
or explosion, monitor for leaks, pressure build-up, gas genera-
tion or ruptures in valves, pipes or other equipment.
(13) The emergency coordinator shall ensure that all emergency
equipment, including vehicles, pumps, temporary storage con-
tainers, etc., are cleaned and restored to pre-accident con-
dition before operations may be resumed.
250.43-5 Training
(a) Within six (6) months after the effective date of these regu-
lations or date of employment, personnel at new and existing
facilities shall have attended and successfully completed a course of
instruction in hazardous waste management procedures relevant to the
operation of the facility at which they are employed.
(b) Owners/operators of facilities for the treatment, storage or
disposal of hazardous wastes shall:
(1) maintain the following records, and make them available to
the Regional Administration upon request:
(i) a list of the job titles of all positions at the
facility related to hazardous waste management;
(ii) a written job description for each position listed
under (b)(i) which shall include the requisite skills,
education, responsibilities and duties related to each
position;
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(iii) a written description of the type and quantity of
introductory and continuing training that will be
administered to each person filling a position listed
under (b)(i);
(iv) records that document that the training required
under (a), has been administered to facility personnel;
(2) have their personnel trained in contingency procedures as
prescribed in the facility's contingency plan required under
Section 250.43-4; and
(3) have their personnel take part in an annual review and up-
date of their initial training in contingency procedures and
other areas as needed.
250.43-6 Manifest System, Recordkeeping and Reporting
(a) Manifest System
(1) Owners/operators of treatment, storage and disposal
facilities which receive hazardous waste accompanied by a man-
ifest or a delivery document shall:
(a) provide at least one (1) copy of the manifest or de-
livery document, after it has been signed and dated by an
authorized representative of the facility, to the trans-
porter as certification of receipt of the shipment covered
by the manifest or delivery document.
(b) forward, within thirty days, one (1) copy of the
manifest or delivery document, after it has been signed
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and dated by an authorized representative of the facili-
ty to the generator as certification of receipt of the
shipment covered by the manifest or delivery document.
(c) note in the comments section of the manifest or de-
livery documents discrepancies such as variations in type
and/or quantity of hazardous waste designated on the man-
ifest or delivery document by the generator, and the type
and/or quantity actually received by the treatment, stor-
age or disposal facility (TSDF). The facility owner/
operator shall notify the Regional Administrator immedi-
ately when such discrepancies are discovered by for-
warding a copy of the manifest or delivery document.
(2) Owners/operators of TSDF's accepting off-site deliveries of
hazardous waste for treatment, storage, or disposal shall re-
tain for a period of three (3) years a copy of each manifest or
delivery document as certified by the generator, transporter,
and TSDF owner/operator.
(3) Owners/operators of TSFD's accepting off-site deliveries of
hazardous waste accompanied by a manifest or delivery document
shall:
(a) Make an annual report based upon the information de-
signated on the manifests or shipping documents which were
certified as received during the reporting year.
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(b) Based on a summary of all shipments, send the annual
report within four (4) weeks after the closing date to
the EPA Regional Administrator having regulatory authority
over the TSDF.
(c) Designate in their annual reports the following (see
Annex 3 for the report form):
(i) The TSDF identification code, name, and
address;
(ii) The closing date of the annual reporting
period;
(iii) The identification code of each hazardous
waste generator from which a hazardous waste was re-
ceived during the reporting period. For inter-
national shipments, the name and address of the
generator shall be designated.
(iv) The name and common code of each hazardous
waste appearing on the manifest under "shipping
description" which was received from each hazardous
waste generator.
(v) The quantity of each hazardous waste received
from each generator.
(vi) The units of volume or weight of each quantity
in pounds (P), tons (T), gallons (G), million
gallons (MG), or cubic yards (CY).
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(vii) In addition to the above, the TSDF
owner/operator must make the following certifica-
tion: "I certify that the above information is cor-
rect to the best of my knowledge and belief." In
addition, the owner/operator must certify the
information on the report by having an authorized
representative of the generator sign and date it.
(4) Owners/operators of TSDF's accepting off-site deliveries
of hazardous waste not accompanied by a manifest or delivery
document shall make an immediate report of all such shipments
of hazardous waste and send the report to the EPA Regional
Administrator with regulatory authority over the TSDF.
Owners/operators must designate in such reports the following
(see Annex 3 for the TSDF Report Form):
(a) The TSDF identification code, name, and address;
(b) The closing date of the annual reporting period;
(c) The word "unmanifested" in place of the manifest
document number on the TSDF Report Form;
(d) The name and address of the source;
(e) The name and common code of the hazardous waste
(under "shipping description"), by its Department of
Transportation (DOT) proper shipping name (49 CFR 172),
or by the U.S. Environmental Protection Agency (EPA) name
(as listed under Section 250.14 of Subpart A of this
Part), if the DOT proper shipping name is not applicable.
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However, if the DOT proper shipping "NOT OTHERWISE
SPECIFIED" (NOS) is used, the EPA name and common code
(as listed under Section 250.14 of Subpart A of this
Part) must also be designated on the manifest after the
DOT proper shipping name NOS;
(f) The quantity of each hazardous waste received;
(g) The units of volume or weight of each quantity in
pounds (P), tons (T), gallons (G). million gallons (MG),
or cubic yards (CY);
(h) In addition to the above, the owner/operator of the
TSDF must: (i) make the following certification: "I
certify that the above information is correct to the
best of my knowledge and belief."; and (ii) certify the
information on the report by having an authorized re-
presentative of the owner/operator sign and date it;
(i) Note in the comments section of the TSDF Report
Form a brief explanation of why the shipment was un-
manifested.
(b) Recordkeeping
(1) Owners/operators of hazardous waste management facilities
shall keep an operating log, to include all required information
specified in 250.43-6(b)(2). This log shall at all reasonable
times be open for inspection by the U.S. Environmental Protec-
tion Agency.
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(2) The following data shall be recorded and maintained until
closure of the facility:
(a) The record of hazardous waste treated, stored, or
disposed of at the facility to include the following:
(i) A description of the hazardous waste by its U.S.
Department of Transportation (DOT) proper shipping
name (40 CFR 172), or by the U.S. Environmental Pro-
tection Agency (EPA) name (as listed under Section
250.14 of Subpart A of this Part), if the DOT proper
shipping name is not applicable. However, if the DOT
proper shipping name "NOT OTHERWISE SPECIFIED" (NOS)
is used, the EPA name (as listed under Section 250.14
of Subpart A of this Part) must also be designated on
records after the DOT proper shipping name NOS;
(ii) The hazard class of each waste as identified
or listed under the DOT hazard class (49 CFR 172),
or by the EPA characteristics (as identified or
listed under Section 250.13(a) and 250.14 of Subpart
A of this Part) if the DOT hazard class is not ap-
plicable. However, if the DOT hazard class "OTHER
REGULATED MATERIALS" (ORM) is used, the EPA
characteristic (as identified or listed under Sec-
tion 250.13(a) and 250.14 of Subpart A of the Part)
must also be designated on records after the DOT
hazard class ORM;
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(lii) The quantity (as specified in
250.43-6(a)(3)(C)(vi)) of hazardous waste treated,
stored or disposed, and the method of treatment,
storage and disposal used for each waste.
(b) Locations, with respect to permanently surveyed
benchmarks, where each type of waste is stored or disposed.
The location of wastes in landfills shall be recorded as
specified in Section 250.45-2(b)(3), and in ponds and
lagoons as specified in Section 250.45-3(d)(3).
(c) Waste analyses, as specified in 250.43(h) and (i);
(d) Monitoring data, as required in 250.43-9;
(e) Summary reports and records of all incidents requiring
initiation of a contingency plan, or resulting in human
health or environmental damage;
(f) Records or results of visual inspections as required
by Section 250.43-7(b).
(3) Records required under 250.43-6(b)(2)(a) and (b) specifying
the location and types of disposed wastes shall be turned over
to the EPA Regional Administrator upon closure of the facility.
(4) Records of operating conditions (temperature, pressure, re-
sidue time, feed rate, etc.) as required in 250.45 shall be
maintained for a period of three (3) years.
(5) Training records required under 250.43-5(b)(i), (ii) and
(iii), shall be maintained until closure of the facility.
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Training records required under 250.43-5(b)(iv) shall be re-
tained for a period of three (3) years; however, employee train-
ing records may accompany personnel transferred within the same
company.
(c) Reporting
(1) Owners/operators of treatment, storage, or disposal
facilities shall report all incidents, to include spills, fires
and explosions, with the potential for human health or en-
vironmental damage or which require initiation of a contingency
plan, to the National Response Center, U.S. Coast Guard, toll
free, 800-424-8802, or to the government official predesignated
in the applicable regional contingency plan pursuant to 40 CFR
1510 as the on-scene coordinator for the geographic area in
which the incident occurs. Such reports shall be made imme-
diately after discovery of each such occurrence.
(2) Owners/operators of treatment, storage, or disposal facili-
ties shall report any problems detected by the monitoring
system, such as a sustained increase over background conditions
(See 250.43-9), to the EPA Regional Administrator within seven
(7) days after discovery of each occurrence.
(3) Owners/operators of treatment, storage, and disposal
facilities shall report monitoring data specified in 250.43 to
the Regional Administrator quarterly.
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(4) Owners/operators of treatment, storage, and disposal
facilities shall notify the Regional Administrator prior to ces-
sation of treatment and/or disposal operations, or prior to
final facility closure as specified in 250.43-8.
250.43-7 Visual Inspections
(a) Owners/operators of facilities shall visually inspect, as ap-
plicable, the following:
(1) Storage areas for rust, corrosion, cracks in storage de-
vices, missing or improper labels, and spills;
(2) Dikes and drainage systems;
(3) Operating and monitoring equipment and readings;
(4) Emergency response equipment;
(5) Damage to fences or barriers surrounding the facility;
(6) Damage to vegetation on or around the facility;
(7) Fugitive air emissions.
(b) Visual inspections shall be conducted daily and the results re-
corded in the facility's daily operating log.
250.43-8 Closure and Post Closure
(a) Facilities shall post a bond as described in Section 250.43-2,
and this bond shall be held until completion of closure and post
closure care is determined by the Administrator.
(b) Future use of land shall not be for residential, agricultural or
any other purpose which disturbs the integrity of the closed
facilities where hazardous waste has not been removed (i.e.,
landfills).
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(c) All facilities shall be designed in such a manner that the land
is amenable to some acceptable use so that perpetual isolation and
care to maintain isolation are not required.
(d) Closure plans and procedures shall be submitted to the Adminis-
trator prior to beginning operations. Owners/operators of hazardous
waste facilities, other than land disposal facilities, shall notify
the Administrator at least 15 days before any partial closure opera-
tion and 90 days before final closure. Owners/operators of hazardous
waste land disposal facilities shall notify the Administrator 15 days
before any partial closure operation and 180 days before final clo-
sure. Closure plans shall include:
(1) A description of how the facility shall be closed.
(2) A description of possible uses of the land after
closure. Note in 250.52-A shall apply.
(3) The anticipated time until closure and any anticipated
partial closures.
(e) At close out, all disposal operations shall be completed, and
all hazardous waste shall be removed from storage and treatment oper-
ations and disposed of as required in Subparts B, C, and D.
(f) Closure shall be completed within 3 years after close out.
(g) Upon completion of closure, all equipment used in the operation
shall be properly disposed of or decontaminated by removal of all
hazardous waste residues.
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(h) After closure, all facilities shall be secured such that waste
cannot be contacted by human or animal life and such that discharges
of waste harmful to human health or the environment do not occur.
(i) After closure, all required equipment shall be provided and ar-
rangements shall be made to continue groundwater mentoring at land-
farms, landfills, and other facilities where hazardous waste has been
disposed of and has not been removed.
(j) Upon completion of closure and completion of post closure care,
the facility owner/operator shall submit to the Administrator, certi-
fication by a registered professional engineer that the facility has
been closed in accordance with the requirements of the facility
permit.
(k) After closure, the facility owner/operator shall file a survey
plan certified by a registered professional land surveyor with the
county land authority and the Regional Administrator indicating what
waste has been buried or farmed on the site, and the approximate
location of such waste.
(1) Post closure care shall be continued by the owner/operator of a
facility for a period not to exceed 20 years from the date of close
out.
NOTE: The facility owner or operator may request that the Re-
gional Administrator conduct a hearing to determine
which post closure care requirements, if any, may be dis-
continued earlier than 20 years after close out. The
facility owner or operator shall bring forth evidence
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that such post closure care need not continue, i.e., no
leaks have been detected, or with advanced technology,
which alternate disposal techniques are to be employed.
(m) Post closure care shall consist of at least the following:
(1) Monitoring for possible discharges.
(2) Maintenance of site security and waste containment
devices.
250.43-9 Groundwater and Leachate Monitoring
All facilities other than landfarms which have the potential to
discharge to groundwater shall be monitored so as to detect any dis-
charge.
(a) Groundwater Monitoring
(1) A groundwater monitoring system consisting of four (4) mon-
itoring wells shall be installed for the purpose of detecting
discharges at all facilities.
(2) At least one background well shall be installed in an area
hydraulically upgradient from the active portion of the facility
so as to yield samples representative of the groundwater which
will flow under the active portion of the facility.
(3) A minimum of three (3) monitoring wells shall be installed
hydraulically downgradient of the active portion of each
facility at different depths in order to detect leachate which
may migrate into the saturated zone. Each well shall be cons-
tructed to draw samples from the depths where contamination is
most likely to occur.
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NOTE: Wells may be constructed to draw samples from a single
depth only if it can be demonstrated that it is the depth
where contamination is likely to occur.
(4) At least one downgradient well shall be positioned im-
mediately adjacent to the active portion of the facility. The
others shall be located to provide the greatest opportunity for
interception of contamination.
(5) All monitoring wells shall be cased, and the annular space
between the zone of saturation and the surface shall be com-
pletely backfilled with an impermeable material in order to
prevent surface water from entering the well bore and to prevent
inter-aquifer water exchange.
(b) Leachate Monitoring
(1) Leachate detection systems shall be installed under the
primary liner or natural soil barrier of landfills and surface
impoundments and above the water table.
NOTE: Leachate monitoring is not needed if the facility
owner/operator can demonstrate that an alternative mon-
itoring technique will detect leaks as effectively as a
leachate monitoring system.
(2) Leachate monitoring systems shall be installed without
drilling through the bottom and side liners or soil barriers of
landfills and surface impoundments.
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(c) Sampling and Analysis
(1) Samples from the monitoring well(s) and leachate monitoring
systems shall be collected and analyzed comprehensively prior to
treatment, storage, or disposal of any hazardous waste at a new
facility in order to begin establishing baseline levels.
(2) Samples from the monitoring well(s) and leachate monitoring
systems shall be collected and analyzed comprehensively at an
existing facility within six months after the effective date of
these regulations in order to begin establishing baseline
levels.
(3) The baseline level of both groundwater and leachate (re-
flecting annual seasonal data) shall be established by con-
ducting monthly comprehensive analyses for at least one year.
NOTE: Facility owner/operators may monitor less frequently if
they can demonstrate that significant changes in
groundwater quality will not occur.
(4) After the baseline has been established, groundwater
samples shall be analyzed comprehensively at least once a year
and the minimum analysis conducted at a frequency based on the
groundwater flow rates shall be as follows:
A) Less than 25m (82 ft)/year - annually
B) 20-50m (82-164 ft)/year - semi-annually
C) Greater than 50m (164 ft)/year - quarterly
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(5) After the baseline has been established, samples shall be
collected from the leachate monitoring system quarterly and a
minimum analysis conducted. A comprehensive analysis shall be
conducted annually.
NOTE: This requirement is waived in the event that insufficient
samples can be obtained for conducting the analysis.
(6) After the baseline has been established, if monitoring
shows that the concentration of a chemical species has increased
above baseline levels by a statistically significant amount,
i.e., as determined by the Student's t single-tailed test at the
95% confidence level, the facility owner/operator shall:
A) notify the Regional EPA Administrator within 7 days;
B) determine the cause of the increase, e.g., the result
of a spill, a design failure, an improper operating
procedure, etc.;
C) determine the extent of the groundwater contamination.
(7) A minimum analysis shall quantify the following charac-
teristics :
(A) Specific Conductivity, mho/cm at 25 C
(B) Temperature, C (Field and Laboratory)
(C) Total Dissolved Solids (TDS), rag/liter
(D) Chloride, mg/liter
(E) PH
(F) Dissolved Organic Carbon (DOC), mg/liter
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(G) Two principle metals (ones found in the waste in the
largest quantities or which best serve as indicators),
rag/liter.
(8) A comprehensive analysis shall quantify the following
characteristics:
(A) Specific Conductivity, mho/cm at 25 C
(B) Temperature, C (Field and Laboratory)
(C) pH
(D) Total Dissolved Solid, mg/liter
(E) Total Suspended Solid, mg/liter
(F) Total Settleable Solid, mg/liter
(G) Dissolved Organic Carbon (DOC), mg/liter
(H) Total Chlorinated Hydrocarbons, mg/liter
(I) Phenolic Compounds (as Phenol), mg/liter
(J) Metals:
Aluminum, mg/liter
Arsenic, mg/liter
Beryllium, mg/liter
Cadmium, mg/liter
Chromium, mg/liter
Copper, mg/liter
Iron, mg/liter
Magnesium, mg/liter
Manganese, mg/liter
Mercury, mg/liter
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Nickel, mg/liter
' Selenium, mg/liter
Silver, mg/liter
Zinc, mg/liter
(K) Ammonia (as N), mg/liter
(L) Chlorides, mg/liter
(M) Cyanide, mg/liter
(N) Floride, mg/liter
(0) Nitrate, mg/liter
(P) Nitrite, mg/liter
(Q) Phosphate, Total, mg/liter
(R) Ortho-phosphate (as P), mg/liter
(S) Organic Contamination scanning by Gas Chromatography.
NOTE: After the baseline level has been established, the com-
prehensive analysis may be reduced so as to eliminate any
compounds not found in the waste handled at the facility.
(d) Recordkeeping and Reporting
(1) Owners/operators of facilities shall forward two copies of
the monitoring data (Minimum Analysis and/or Comprehensive An-
alysis) to the EPA Regional Administrator quarterly using an ap-
propriate format (an optional standardized form will be
specified in Monitoring Manual).
(2) Owners/operators of facilities shall be required to retain
for a minimum of 3 years any records of monitoring activities
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and results, including all original strip chart recordings for
instrumentation, calibration and maintenance of records.
250.44 STANDARDS FOR STORAGE
(a) Storage operations shall be conducted in such a manner that no
discharge occurs.
(b) Storage facilities shall be monitored and inspected (see
Sections 250.43-9 and 250.43-7) for the purpose of detecting any
potential discharge to groundwater, surface water, and air.
(c) Each storage area shall have a continuous base which is
impervious to the material being stored, such that any run-off and
spills can be contained until the spilled waste can be removed.
(d) Hazardous waste which would cause the air objective (Section
250.42-3) to be exceeded if it were stored in an open manner,
particularly with regard to volatility and toxicity, shall be stored
in tanks or other closed containers.
(e) Storage tanks and containers shall be of sturdy and leak-proof
construction in order to prevent the release of wastes into the
environment.
(f) Storage tanks and containers shall be constructed of materials
which are compatible with the wastes to be contained, or shall be
protected by a liner compatible with the wastes, such that the tank's
ability to contain the wastes is not impaired.
(g) A hazardous waste shall not be added to an unwashed storage tank
or container that previously held an incompatible material (See Annex
4).
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(h) The identity and location of all stored waste shall be known
(e.g., via labeling) throughout the entire storage period.
250.44-1 Storage Tanks
(a) Storage tanks which
(1) contain waste with a true vapor pressure greater than 78 mm
Hg at 25 C, and
(2) have a storage capacity in excess of 19,000 liters (5,000
gallons)
shall not be vented directly to the atmosphere.
(b) All facilities which store wastes in tanks above ground shall
have a spill confinement structure(s) (e.g., dike or trench), the
capacity of which is equal to the entire contents of the largest en-
closed tank, plus sufficient freeboard to allow for collection and
containment of precipitation.
(c) Diking requirements and operational procedures for storage tanks
shall be in accordance with EPA's oil and hazardous substances pol-
lution prevention regulations issued pursuant to Section 311 of the
FWPCA.
250.44-2 Storage Containers
(a) If containers are not in good condition when received, or if a
container's contents begin to leak, the hazardous waste shall be
recontainerized.
(b) Containers holding hazardous waste shall not be opened, handled,
or stored in a manner which may rupture the containers, or cause them
to leak.
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(c) All facilities which store wastes in containers shall have a
spill confinement structure(s) (e.g., dike or trench), the capacity
of which is equal to 10 percent of the containerized waste, plus
sufficient freeboard to allow for containment and collection of
precipitation.
(d) Storage containers holding wastes which are incompatible shall
be separated from each other or protected from each other in order to
prevent the wastes from mixing, should the containers break or leak.
(e) Empty combustible containers, e.g., fibrous and paper con-
tainers, which previously contained hazardous waste, shall be:
(1) Incinerated in a facility which complies with the re-
quirements of Section 250.45-1.
(2) Buried in a landfill which complies with the requirements
of Section 250.45-2.
(f) Empty non-combustible containers, e.g., metal and glass, which
previously contained hazardous waste, shall be:
(1) Cleaned by removing hazardous waste residuals at a permit-
ted facility and
(i) transported to a drum reconditioner; or
(ii) transported to a metal recovery facility as scrap
for resource recovery; or
(2) Transported to a permitted drum reconditioner, with the ap-
propriate manifest; or
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(3) Reused with the same type of waste previously contained, or
with another compatible waste provided such reuse is legal under
currently applicable U.S. DOT regulations, including those set
forth in 49 CFR 173.28.
(g) Paper bags contaminated with hazardous waste shall be stored in
closed secondary containers.
250.45 Standards For Treatment/Disposal
(a) Where practical, disposal of hazardous waste shall be avoided
and alternatives such as resource recovery, reuse, or other methods
of recycling shall be employed.
(b) All facilities which dispose discrete radioactive wastes (as de-
fined in Subpart A) shall be licensed by the U.S. Nuclear Regulatory
Commission.
(c) All residuals from treatment operations which are hazardous
waste must be handled in accordance with these regulations (40 CFR
Part 250). Non-hazardous waste residuals are not subject to reg-
ulation under Subtitle C of the Act.
(d) Wastes produced from facilities are subject to the provisions of
RCRA, and if hazardous in accordance with Subpart A, shall have to
comply with Section 3002 generator standards.
(e) Any hazardous waste which is treated so that it does not have
any of the characteristics of a hazardous waste as defined in Sub-
part A shall not be subject to further regulation under Subtitle C of
RCRA. Any used oil hazardous waste which is treated so that it does
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not have any of the toxicity characteristics of a hazardous waste as
defined in Subpart A shall not be subject to further regulation under
Subtitle C of RCRA.
250.45-1 Incineration
(a) Owners and operators of hazardous waste incinerators shall con-
duct trial burns for each hazardous waste which is significantly
different than any previously demonstrated under equivalent con-
ditions. The trial burn shall include the following determinations:
(1) An analysis of the hazardous waste for concentrations of
halogens and principle hazardous components.
(2) An analysis of the ash residue and scrubber effluent for
the principle hazardous components.
(3) An analysis of the exhaust gas for the concentrations of
the principle hazardous components, hydrogen halides, CO, CC>2,
02, total particulates.
(4) An identification of sources of fugitive emissions and
their means of control.
(5) A measurement of combustion temperature and computation of
residence time.
(6) A computation of combustion efficiency and destruction ef-
ficiency.
(7) A computation of scrubber efficiency in removing halogens.
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(b) Incinerators used to thermally degrade hazardous waste con-
taining more than 0.5 percent halogens shall be equipped with wet
scrubbers capable of removing 99 percent of the halogens from the ex-
haust gases.
(c) Hazardous waste incinerators which burn pesticide waste or
wastes which are hazardous due to their toxicity shall operate at
greater than 1000 C combustion zone temperature, greater than two
seconds retention time, and greater than two percent excess oxygen
during incineration of the hazardous waste.
NOTE: Incinerators may operate at other conditions if the
facility owner/operator can demonstrate that an equiva-
lent degree of destruction will be provided at the other
conditions. Pathological incinerators are exempt from
the requirements under (c).
(d) Hazardous waste incinerators which burn pesticide waste or
wastes which are hazardous due to their toxicity shall be designed,
constructed, and operated to maintain a destruction efficiency of
99.99 percent, as defined in the following equation:
DE = win ~ wnut x 100
Where
DE = destruction efficiency
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^in = feed rate of principle toxic components of waste going
into the incinerator (g/min)
^out = mass emission rate of principle toxic components in
waste leaving the incinerator combustion zone (g/min)
NOTE: Pathological incinerators are exempt from the re-
quirements under (d).
(e) Incinerators shall be designed, constructed, and operated such
that fugitive emissions of unburned hazardous waste and combustion
products are controlled.
(f) Incinerators shall be designed, constructed, and operated to
automatically cut off waste feed to the incinerator when significant
changes occur in flame, combustion zone temperature, excess air, or
scrubber waste pressure.
(g) Incinerators shall continously monitor and record combustion
zone temperature and carbon monoxide exhaust gas concentrations.
(h) Incinerators shall be operated at a combustion efficiency equal
to or greater than 99.9 percent as defined in the following equation:
CC02
CE = x 100
+ CCO
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Where
CE = combustion efficiency
(-'co2 = concentration of CC>2 in exhaust gas
^co = concentration of CO in exhaust gas
(i) Hazardous waste incinerators shall be operated in a manner that
assures that emissions of particulate matter do not exceed 270 mil-
ligrams per dry standard cubic meter (0.12 grains per dry standard
cubic foot) at zero excess air. Compliance with this requirement may
be achieved by having particulate emissions which, when corrected to
12 percent CC>2 by the formula below, are less than 180 milligrams
per standard cubic meter (0.08 grains per dry standard cubic foot).
Where
PEC + PEm x Cs
Cm x 1.5
PEC = corrected particulate emissions, mg/m-' (gr/ft )
PEm = measured particulate emissions, mg/w~ (gr/ft^)
Cs = stoichiometric C02 concentration, ppm
Cm = measured CC>2 concentration, ppm
250.45-2 Landfills
a) Site Selection
(1) Landfills shall be located or designed, constructed, and
operated to prevent direct contact between the landfill and
navigable water.
(2) Landfills which have the potential for discharge to an
underground drinking water source shall be located or designed
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and constructed such that the distance from the bottom of any
Liner system or natural in-place soil barrier to the average
high mean water table is at least 1.5 meters (5 feet).
NOTE: The bottom of any liner system or natural in-place soil
barrier may be located less than 1.5 meters (5 feet)
above the historical mean water table provided the facil-
ity owner/operator can demonstrate that no direct contact
will occur between the landfill and the water table.
(3) Active portions of landfills shall be at least 150 meters
(500 feet) from any functioning public or private water supply,
or livestock water supply.
NOTE: Facilities may locate the active portion of their
landfills less than 150 meters from any functioning
public or private water supply, or livestock water supply
provided that they can demonstrate that the groundwater
human health and environmental standard (250.42-1) and
the surface water human health and environmental standard
(250.42-2) will not be violated.
b) Construction and Operation
(1) Landfills shall be located, designed, constructed, and
operated to prevent erosion, landslides, or slumping.
(2) Each landfill shall be located, designed, constructed, and
operated such that the liner or natural in-place soil barrier
is compatible with the wastes to be landfilled.
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(3) The exact location of each waste and the dimensions of each
cell with respect to permanently surveyed bench-marks shall be
recorded. The contents of each cell shall also be recorded.
These records shall be handled as specified in 250.43-6.
(4) Wastes, containerized or non-containerized, that are
incompatible (Annex 4) shall be disposed of in separate
landfill cells.
(5) The following wastes shall not be disposed at hazardous
waste landfills:
(i) reactive wastes, as defined in Subpart A;
(ii) ignitable wastes, i.e., those having a flash
point of less than 60 C (140 F);
(iii) wastes with a vapor pressure greater than 78 mm of
Hg at 25 C;
(iv) bulk liquids and sludges with a total solids con-
centration of less than 20 percent.
NOTE: Bulk liquids and sludges with a total solids content of
less than 20 percent, may be disposed of at a hazardous
waste landfill provided the liquids and sludges are pre-
treated prior to landfilling or treated in the landfill
to reduce their liquid content or increase their solids
ontent to greater than 20 percent.
(6) Diversion structures (e.g., dikes, drainage ditches, etc.)
shall be constructed such that surface water runoff be prevented
from entering the landfill site.
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NOTE: Diversion structures may not be necessary provided the
owner/operator can demonstrate that the landfill site is
located such that the local topography will prevent sur-
face water runoff from entering the site.
(7) Surface water over active portions (those areas where
hazardous wastes are present, according to 250.41-2) of a
landfill shall be collected, removed and (1) analyzed to de-
termine if it is a hazardous waste or (2) considered to be a
hazardous waste and handled as such.
NOTE: Water collected and removed from active portions need not
be analyzed or considered to be a hazardous waste pro-
vided the owner/operator can demonstrate that the water
could not have been contaminated or if the water is
collected and discharged in accordance with NPDES
requirements.
(8) Where gases are generated, a gas collection and control
system(s) shall be installed to control the vertical and
horizontal escape of gases from hazardous waste landfills.
NOTE: Gas collection and control system(s) shall not be re-
quired provided the owner/operator can demonstrate that
gases will not be generated in the landfill, or that
gases generated will not violate the air human health and
environmental standard and will not create a flammable
or explosive atmosphere.
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(9) A minimum of 0.15 meters (6 inches) of cover material
shall be applied daily on active hazardous waste landfill
cells. Cells which will not have additional wastes placed on
them for at least one week shall be covered with 0.30 meters
(12 inches) of cover material.
NOTE: Facility owners/operators may use covers of different
thicknesses and/or apply them at different frequencies
provided they can demonstrate that the possibility of
fire or explosion; harboring feeding and breeding of
vectors; or violations of the air human health and en-
vironmental standard is controlled to an equivalent de-
gree.
(10) Where natural geologic and climatic conditions (evapora-
tion exceeds precipitation) allow, the following design shall be
used for the construction and operation of the landfill: along
the bottom and internal sides of the landfill at least 3 meters
(10 feet) of natural in-place soil with a permeability of less
than or equal to 1 x 10-7 cm/sec, and, which meets the criteria
of 250.45-2 (b)(13) shall be used.
NOTE: Landfill designs using natural in-place soils of dif-
ferent thicknesses and permeabilities may be used,
provided they have a thickness greater than or equal to
1.5 meters (5 feet), and that the facility owner/opera-
tor can demonstrate that they will provide equivalent
containment of waste.
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(11) Facility owner/operators using the design in (b)(10) or
any similar design without leachate collection shall demonstrate
that liquids will not accumulate in the landfill to the extent
they may be discharged to the surface in any manner or to the
groundwater in a manner that violates the groundwater human
health and environmental standard (250.42-1).
(12) Where natural and climatic conditions do not allow use of
the design in (b)(10), one of the following designs shall be
used for the construction and operation of the landfill:
Design I
(i) The landfill shall be constructed and operated such
that any leachate formed can be contained and removed
from the landfill.
(ii) The landfill liner shall meet the criteria
specified in (b)(13), be at least 1.5 meters (5 feet)
thick, cover the entire bottom and internal sides of the
landfill, be constructed of material with a permeability
of less than or equal to 1 x 10-7 cm/sec., and be com-
patible with the waste to be landfilled.
(iii) The liner shall be sloped at a 1 percent minimum
grade such that the leachate is drained directly by grav-
ity to a collection sump(s).
(iv) There shall be a permeable layer on top of the
bottom liner so that any generated leachate can move
rapidly to the collection sump.
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(v) The leachate collection system shall be checked at
least monthly for the generation of leachate and shall be
removed so that a hydraulic head is not created. The
leachate shall be considered a hazardous waste unless de-
termined otherwise.
Design II
(i) The landfills shall be constructed and operated such
that any leachate formed can be contained and removed
from the landfill.
(ii) The design shall consist of a top leachate col-
lection system, a soil liner, a synthetic liner and a
bottom leachate collection/detection system. Both liners
shall cover the entire bottom and internal sides of the
landfill.
(iii) The base of the landfill shall be sloped at a 1
percent minimum grade to direct leachate to a collection
sump(s). On the landfill base, there shall be a perme-
able layer so that any leachate generated can move
rapidly to a collection sump(s).
(iv) The synthetic liner shall meet the criteria in
(b)(14) and shall be protected on the top and the bottom
by a layer of selected clean sand or earth, not less than
14 cm (6 in.) thick, and compatible with the wastes to be
landfilled.
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(v) The soil liner shall meet the criteria in (13) and
shall be at least 1 meter (3 feet) thick and have a
permeability of less than or equal to 1 x 10-7 cm/sec.
The soil liner shall be sloped at a minimum of 1 percent
grade to direct leachate to a collection sump(s).
(vi) On top of the soil liner, there shall be a perme-
able layer, so that any leachate generated can move
rapidly to the collection sump(s).
(vii) The leachate collection systems shall be checked
at least monthly for the generation of leachate, and
shall be removed so that a hydraulic head is not created.
The leachate shall be considered a hazardous waste un-
less determined otherwise.
NOTE: Facilities may use a landfill design other than the
two described above provided the facility owner/
operator can demonstrate that the design includes a
leachate collection system(s) and provides equivalent
waste containment.
(13) Soil liners and natural impermeable barriers shall meet
the following minimum criteria:
(i) soils classified under the unified soil clas-
sification system CL, CH, and OH (ASTM Standard D2487-69),
(ii) percent passing no. 200 sieve, 30 (ASTM Test
D1140),
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(iii) liquid limit 30 units (ASTM, Test D423),
(iv) plasticity under 15 units (ASTM Test D424),
(v) pH of 7.0 or higher (Annex 5), and
(vi) permeability not adversely affected by anticipated
waste
NOTE: Soil not meeting the above criteria may be used
provided the facility owner/operator can demonstrate that
such soil will provide equivalent structural stability,
waste containment, and will not be adversely affected by
the anticipated waste.
(14) Synthetic (artificial) liners shall meet the following
minimum criteria:
(i) be of a material that will withstand the chemical,
physical, biological and climatic stresses anti-
cipated in the landfill;
(ii) have a minimum thickness of 20 mils;
(iii) have a permeability less than or equal to 1 x
10~12 cm/sec;
(iv) have adequate tensile strength to elongate and
withstand the stress of installation or use of
machinery or equipment;
(v) be of uniform thickness, free from thin spots,
cracks, tears, blisters, and foreign particles;
(vi) be placed on a stable base;
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(vii) be compatible with the wastes to be landfilled.
(15) All hazardous waste landfills overlying underground drink-
ing water sources shall have groundwater monitoring systems as
specified in 250.43-9.
(c) Closure
(1) Final cover shall be provided and consist of at least 15
meters (6 inches) of clay soil with a permeability less than or
equal to 1 x 10 cm/sec., under a minimum cover of 45 cm (18
in.) of soil capable of supporting indigenous vegetation. The
top 15 cm (6 inches) of this cover shall be topsoil.
NOTE: Final cover designs using different thicknesses and
permeabilities may be used provided the facility
owner/operator can demonstrate that they will provide
equivalent prevention of infiltration of water, control of
sublimination or evaporation of harmful pollutants into the
air, and erosion prevention. The facility owner/operator
must also demonstrate that the final cover will support
vegetation and provide an aesthetically acceptable finished
site.
(2) Where trees or other deep-rooted vegetation are to be
planted on the completed fill, the cover shall be at least 1
meter (3 feet) of compacted soil which will support the intended
deep rooted vegetation.
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NOTE: Soil thickness for deep-rooted vegetation may be
less than 1 meter (3 feet) provided the facility
owner/operator can demonstrate that the roots of the
vegetation will not penetrate the 6 inch clay cover.
(3) The final grade shall not exceed 33 percent. Where final
grades exceed 15 percent, they shall have at least one
horizontal terrace 3 meters (10 feet) or more in width con-
structed on the slope for each 6.5 meter (20 feet) rise in ele-
vation of the slope. The gradient of the terrace shall be 1-15
percent.
NOTE: The final grade may be of different design and slope
provided the facility owner/operator can demonstrate that
water will not pool over the landfill and that erosion will
be prevented.
(d) Post-Closure
(4) During post-closure care, which shall continue at the
facility for a period not to exceed 20 years (see 250.43-8), the
following minimum maintainance shall be conducted:
(i) soil integrity, slope, vegetative cover, diversion
and drainage structures shall be maintained,
(ii) samples shall be collected from monitoring wells and
leachate collection/detection systems annually and
analyzed comprehensively as specified in 250.43-9(c)
(7),
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(iii) survey bench marks shall be maintained.
NOTE: The facility owner/operator may request that the Re-
gional Administrator conduct a hearing to determine which
post-closure operations, if any, may be discontinued ear-
lier than 20 years after closure. The facility
owner/operator shall bring forth evidence that such post-
closure care need not continue.
(iv) Access to the facility shall be restricted in ac-
cordance with its intended use.
(5) No buildings shall be constructed over landfills where
radioactive wastes as defined in Subpart A have been disposed.
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250.45-3 Surface Impoundments
(a) Site Selection
(1) Surface impoundments shall be located or designed, con-
structed and operated to prevent direct contact between the sur-
face impoundment and navigable water.
(2) Surface impoundments which have the potential to discharge
to an underground drinking water source shall be located or de-
signed and constructed such that the bottom of any liner system
or natural in-place soil barrier is at least 1.5 m (5 feet)
above the historical mean level of the water table.
NOTE: The bottom of any liner system or natural in-place
soil barrier may be located less than 1.5 m (5 feet) above
the historical mean water table, provided the facility
owner/operator can demonstrate that no direct contact will
occur between the impoundment and the water table.
(3) Surface impoundments shall be at least 140 m (500 feet)
from any functioning public or private water supply or livestock
water supply.
NOTE: Surface impoundments may be located less than 150 m
(500 feet) from any functioning public or private water
supply, or livestock water supply provided the facility
owner/operator can demonstrate that the groundwater human
health and environmental standard (250.42-1), and the sur-
face water human health and environmental standard
(250.42-2) will not be violated.
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(4) Surface impoundments shall be located or designed, con-
structed and operated, to prevent landslides, slumping, and ero-
sion.
(b) Wastes Suitable for Surface Impoundments
(1) Surface impoundments shall not be used to contain waste
which is:
(i) detrimental to materials being used as barriers to the
waste movement from the impoundment;
(ii) highly reactive, as defined in Subpart A;
(iii) explosive;
(iv) ignitable, i.e., those having a flash point less than
60 C; or
(v) volatile, i.e., those having a vapor pressure greater
than 78 mm Hg at 25 C.
(2) The hazardous wastes which contain incompatible chemical
groups, as listed in Annex 4, shall not be mixed together in
impoundments.
NOTE: Potentially incompatible wastes may be mixed in sur-
face impoundments for the purpose of treatment (i.e., neu-
tralization, precipitation of metal hydroxides, etc.),
provided the owner/operator can demonstrate that the wastes
will be handled in such a manner as to serve its intended
purpose without violating groundwater (250.42-1), surface
water (250.42-2), and air (250.42-3) human health and en-
vironmental standards.
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(3) All hazardous wastes shall be tested prior to disposition
in a surface impoundment to determine whether they will have any
detrimental effect (e.g., causing cracks, dissolution, de-
creasing mechanical strength, increasing permeability) on the
soils or lining materials used to prevent leakages from the sur-
face impoundment.
(c) Design and Construction
(1) Surface impoundments shall be designed and constructed so
as to be capable of preventing discharges to the groundwater and
navigable water-
NOTE: Surface impoundments may have such discharges,
provided that the facility owner/operator can demonstrate
that the discharges will not cause the groundwater
(250.42-1), and surface water (250.420-2) human health and
environmental standards to be violated.
(2) Where natural soil conditions allow, the following design
shall be used for surface impoundments which have the potential
for the discharge to an underground drinking water source
There shall be along the bottom and sides of the surface
impoundment at least 3 m (10 feet) of natural, in-place soil
which meets the criteria in (c)(4). Leachate monitoring to de-
tect any discharge shall be conducted as specified in
250.43-9(b).
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NOTE: Facility owners/operators may use natural in-place
soil barriers of different thicknesses and different
permeabilities if they can demonstrate that equivalent
waste containment is achieved. However, under no cir-
cumstances shall the thickness be less than 1.5 m (5 feet)
or be of a permeability greater than 10"' cm/sec.
(3) For surface impoundments which have the potential to dis-
charge to an underground drinking water source and where natural
soil conditions do not allow use of the design in (c)(2), the
following design shall be used: a top liner, bottom liner, and
a leachate detection system. The top liner shall be constructed
of specific reconstituted natural clays which meet the criteria
in (c)(4), or artificial liners which meet the criteria in
(c)(5). The bottom liner shall be constructed of natural in-
place soils, or specific or reconstituted natural clays which
meet the criteria in (c)(4), and are at least 1.5 m (5 feet)
thick, or artificial liners which meet criteria in (c)(5). If
an artificial bottom liner is used, wastes shall be removed upon
closure of the surface impoundment. The leachate detection sys-
tem shall be a gravity flow drainage system installed between
the top and bottom liners, and shall be capable of detecting any
top liner failure. Provisions shall be made for pumping out the
leachate in the event of liner failure and for removal of nox-
ious gases from the system.
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NOTE: Facility owners/operators may use different designs
if they can demonstrate that equivalent waste containment
is achieved.
(4) Those soils classified under the Unified Soil Classifica-
tion System as CL, CH, and OH, (ASTM Standard D2487-69),
which meet the following minimum criteria, shall be used as
liners or barriers to the passage of wastes or leachate:
(i) Percent soil passing No. 200 sieve 30 ASTM Test
D1140,
(ii) Liquid limit 30, (ASTM Test D423),
(iii) Plasticity index 15, (ASTM Test D424),
(iv) pH of 7.0 or higher, (Annex 5),
(v) Permeability of 10~7 cm/sec, (ASTM Test D2434),
(vi) Permeability not adversely affected by the anti-
cipated wastes.
NOTE: Soil not meeting the above criteria may be used
provided that the facility owner/operator can demonstrate
that such soil will provide equivalent structural stabil-
ity, waste containment, and will not be adversely affected
by the anticipated wastes.
(5) Artificial liners (concrete, plastic, etc.) shall:
(i) be of adequate strength and thickness to insure
mechanical integrity and have a minimum thickness of
30 mils;
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(ii) be compatible with the anticipated waste;
(iii) have a permeability less than or equal to 10"'
cm/sec.;
(iv) have an expected service life 25 percent longer than
the expected time of facility usage, or comply with
usage specified in the landfill section;
(v) be placed on a stable base;
(vi) satisfactorily resist attack from ozone, ultraviolet
rays, soil bacteria, and fungus;
(vii) have ample weather resistance to withstand the
stress of freezing and thawing;
(viii) have adequate tensile strength to elongate suf-
ficiently and withstand the stress of installation
or use of machinery or equipment;
(ix) resist laceration, abrasion and puncture from any
matter that may be contained in the fluids it will
hold;
(x) be of uniform thickness, free of thin spots, cracks,
tears, blisters, and foreign particles;
(xi) be easily repaired.
(6) All artificial liners in surface impoundments using
mechanical equipment for operation (e.g., sludge dredging, and
collecting, etc.) shall have a protection cover of selected
clean earth material (not less than 45 cm (18 inches)) placed
directly upon the liner to prevent its rupture.
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(7) All surface impoundments which have the potential to dis-
charge to an underground drinking water source shall have
groundwater monitoring systems (see 250.43-9).
(8) All surface impoundment dikes shall be designed and con-
structed in a manner that will preclude discharge of wastes from
the facility, both horizontally and vertically.
NOTE: Surface impoundments may have discharges, provided
that the facility owner/operator can demonstrate that the
discharges will not cause the groundwater (250.42-1) or
surface water (250.42-2) human health and environmental
standards to be violated.
(9) All earthen dikes at the facility shall be constructed of a
clay-rich soil with a permeability less than or equal to 1 x
10~7 cm/sec.
(10) All earthen dikes shall have an outside protective cover
(e.g., grass, shale, rock, etc.) to minimize erosion by wind and
water.
(d) Operation and Maintenance
(1) Surface impoundments shall be operated and maintained such
that discharges to the groundwater, navigable water and ambient
air do not occur.
NOTE: Surface impoundments may have discharges, provided
that the facility owner/operator can demonstrate that the
discharges will not cause the groundwater (250.42-1),
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surface water (250.42-2), and air (250.42-3) human health
and environmental standards to be violated.
(2) The freeboard maintained in surface impoundments shall be
adequate to contain rainfall from a 4-hour, 25-year storm, but
shall be no less than 60 cm (2 feet).
(3) Records shall be kept of the contents and location of each
surface impoundment. These records shall be handled as
specified in 250.43-6.
(4) The integrity of natural in-place soil barriers or the
liners installed in surface impoundments shall be maintained un-
til the closure of the impoundment. Surface impoundment liners
or in-place soil barriers shall be repaired immediately upon de-
tection of any failure which could result in contamination of a
UDWS or navigable water.
(5) Surface impoundments dikes shall be inspected daily, (as
specified under 250.43-7), for the purpose of detecting and cor-
recting any deterioration. Any maintenance or corrective action
necessary to restore the dike to its original condition shall be
accomplished expeditiously.
(6) Any system provided for the detection of liner failure, or
failure of natural in-place soil barriers, shall be inspected
daily (see 250.43-7) to insure that it is operating properly for
the purpose intended.
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(7) Upon final closure, all hazardous waste and hazardous waste
residuals shall be removed from surface impoundments which do
not meet the criteria for landfills as specified in 250.45-2 and
disposed of as required in Subparts B, C, and D. Those surface
impoundments which meet the criteria for landfills shall either
remove all waste and dispose of them as required in Subparts B,
C, and D, or treat the waste to render their solids contents to
greater than 20 percent, and close according to the requirements
for landfills as specified in 250.45-2. Additionally, the post-
closure and financial requirements for landfills apply.
(8) Emptied surface impoundments shall be filled in and seeded
with a suitable grass or ground cover crop.
250.45-4 Basins
(1) Basins shall be constructed of impermeable materials of
sufficient strength and thickness to ensure mechanical integrity
and to prevent the discharge of wastes to navigable water or
groundwater.
NOTE: Basins may have discharges, provided that the facil-
ity owner/operator can demonstrate that the discharge will
not cause the groundwater (250.42-1) and surface water
(250.42-2) human health and environmental standards to be
violated.
(2) Basins shall not be used to contain waste which is:
a) detrimental to the basins' construction materials;
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b) highly reactive, as defined in Subpart A;
c) explosive;
d) ignitable, i.e., those having a flash point less than
60 C;
e) volatile; i.e., those having a vapor pressure greater
than 78 mm Hg at 25 C;
(3) Hazardous wastes which contain incompatible chemical
groups, as listed in Annex 4, shall not be mixed together in
basins.
NOTE: Potentially incompatible wastes may be mixed in
basins for the purpose of treatment (i.e., neutralization,
precipitation of metal hydroxides, etc.), providing the
owner/operator can demonstrate that the wastes will be
handled in such a manner as to serve its intended purpose
without violating groundwater (250.42-1), surface water
(250.42-2), and air (250.42-3) human health and environ-
mental standards.
(4) All hazardous wastes shall be tested prior to disposition
in a basin to determine whether it will have any detrimental
effect (e.g., causing dissolution, corrosion, increased
permeability, decreased mechanical strength) on materials used
construction of such basins.
(5) The materials used for construction of basins shall be com-
patible with hazardous wastes and treatment chemicals under
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expected operating conditions (i.e., temperature, pressure,
etc.), or shall be protected by a liner compatible with such
waste or treatment conditions.
(6) Basins shall be monitored or inspected daily for leaks,
corrosion, cracks or other damages. Any damage detected shall
be repaired immediately.
(7) All basins which have the potential for discharge to under-
ground drinking water sources shall have groundwater monitoring
systems (see 250.43-9).
NOTE: Basins do not have to have groundwater monitoring
systems if the facility owner/operator can demonstrate that
a leak could be detected bv visual inspection or other
means.
(8) Upon final closure, all hazardous waste and hazardous waste
residues shall be removed from basins and disposed of as re-
quired in Subpart B, C, and D.
250.45-5 Landfarms
(a) Wastes not amenable to landfarming
(1) The following wastes shall not be landfarmed:
(i) wastes containing arsenic, boron, molybdenum and/or
selenium in concentrations greater than soil back-
ground conditions (reference 250.45-5(f)(1));
NOTE: Wastes containing arsenic, boron, molybdenum and/or
selenium in concentrations greater than soil background
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conditions may be landfarmed provided the facility
owner/operator can demonstrate that the above constituents
will not migrate a distance that exceeds three times the
depth of the zone of incorporation.
(ii) volatile wastes with a vapor pressure greater than
78 mm Hg at 25 C;
NOTE: Volatile wastes with a vapor pressure greater than
78 mm Hg at 25 C may be landfarmed provided the facility
owner/operator can demonstrate that the air human health
and environmental standard (250.42-3) will not be violated.
(iii) waste explosives;
(iv) ignitable wastes with a flashpoint less than 60°C.
(b) Incompatible wastes
(1) Landfarms shall be constructed and operated such that
potentially incompatible wastes (Annex 4) do not come in contact
with one another.
(c) Site Selection
(1) Landfarms shall be located, designed, constructed and oper-
ated, to prevent direct contact between the treated area and
navigable water.
(2) Landfarms shall be located, designed, constructed and oper-
ated, to prevent erosion, landslides, and slumping in the
treated area.
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(3) Landfarms which have a potential to discharge to under-
ground drinking water sources shall be located or designed, con-
structed and operated, such that the treated area is at least
1.5m (5 feet) above the historical mean water table.
NOTE: The treated area may be located less than 1.5m (5
feet) above the historical mean water table provided the
facility owner/operator can demonstrate that no direct con-
tact will occur between the treated area and the water
table.
(4) The treated area of a landfarm shall be at least 150m (500
feet) from any functioning public or private water supply or
livestock water supply.
NOTE: The treated area of a landfarm may be located less
than 150m (500 feet) from any functioning public or private
water supply or livestock water supply provided the facil-
ity owner/operator can demonstrate that the groundwater hu-
man health and environmental standard (250.42-1) and
surface water human health and environmental standard
(250.42-2) will not be violated.
(5) Landfarms shall be located in areas with fine grained soils
(i.e., more than half the soil constituents are less than 73
microns in size) of the following types, as defined by the Uni-
fed Soil Classification System (ASTM Standard D-2487-69):
OH - organic clays of medium to high plasticity;
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CH - inorganic clays of high plasticity, fat clays;
MH - inorganic silts micaceous or diatomaceous fine sandy
or silty soils, elastic silts;
CL - inorganic clays of low to medium plasticity, gravelly
clays, sandy clays, silty clays, lean clays;
OL - organic silts and organic silt-clays of low plas-
ticity.
NOTE: Landfarms may be located in areas with soil types
other than those specified above provided the facility
owner/operator can demonstrate that the alternative soil
types will prevent hazardous constituents from vertically
migrating a distance that exceeds three times the depth of
the zone of incorporation.
(6) Soil types listed in (c)(5) shall have the following
characteristics:
(i) liquid limit greater than 30, (ASTM test D423);
(ii) plasticity index greater than 15, (ASTM test D424);
NOTE: Soil types listed in (c)(5) may have a liquid limit
less than 30 and/or a plasticity index less than 15
provided the facility owner/operator can demonstrate that
the alternative soil types will prevent hazardous con-
stituents from vertically migrating a distance that exceeds
three times the depth of the zone of incorporation.
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(d) Site preparation
(1) Surface slope of landfarms shall be less than 5 percent to
prevent erosion in the treated area by wastes or surface run-
off, but greater than 0 percent to prevent wastes or water from
ponding or standing for periods that will cause the treated area
to become anaerobic.
NOTE: Surface slope of the landfarm may be greater than 5
percent provided the facility owner/operator can de-
monstrate that it will not cause erosion in the treated
area.
(2) Caves, wells (other than active monitoring wells) and other
direct connections to the subsurface environment within the
treated area of a landfarm or 30m (100 feet) thereof, shall be
sealed.
(3) Soil pH in the zone of incorporation shall be equal to or
greater than 6.5 (see Annex 5).
NOTE: Soil pH in the zone of incorporation may be less
than 6.5 provided the facility owner/operator can de-
monstrate that hazardous constituents, especially heavy
metals, will not vertically migrate a distance that exceeds
three times the depth of the zone of incorporation.
(e) Waste application and incorporation
(1) Waste application and incorporation practices shall prevent
the zone of incorporation from becoming anaerobic.
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(2) Wastes shall not be applied to the soil when it is
saturated with water.
NOTE: Wastes may be applied to the soil when it is
saturated with water provided the facility owner/operator
can demonstrate that the soil waste mixture will remain
aerobic.
(3) Waste shall not be applied to the soil when the soil tem-
perature is 0 C or less.
(4) The pH of the soil-waste mixture in the zone of incorpora-
tion shall be equal to or greater than 6.5, and maintained until
the time of facility closure.
NOTE: The pH of the soil-waste mixture in the zone of
incorporation may be less than 6.5 provided the facility
owner/operator can demonstrate that hazardous constituents,
especially heavy metals, will not vertically migrate a dis-
tance that exceeds three times the depth of the zone of
incorporation.
(5) Supplemental nitrogen and phosphorous added to the soil of
the treated area for the purpose of increasing the rate of waste
biodegradation shall not exceed the rates of application recom-
mended for agricultural purposes by the USDA, or the appropriate
State Department of Agriculture or Agricultural Extension Ser-
vice.
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(f) Soil monitoring
(1) Background soil conditions shall be determined by taking
one soil core per acre. The length of the soil core shall be
three times the depth of the zone of incorporation or 30 cm,
whichever is greater. The bottom one-third of the soil core
V
shall be analyzed for those hazardous constituents in the waste.
At new facilities, soil core shall be taken and analyzed prior
to beginning operation. At existing facilities, background soil
cores shall be taken and analyzed within six months after the
effective date of these regulations.
(2) Soil conditions in the treated area of a landfarm shall be
determined by taking one soil core per acre semi-annually. The
length of the soil core shall be three times the depth of the
zone of incorporation or 30 cm, whichever is greater. The bot-
tom one-third of the soil core shall be analyzed for those
hazardous constituents known to be in the waste. There shall be
no statistically significant increase (i.e., as determined by
the Student's t single-tailed test at the 95 percent con-
fidence level), above background soil conditions, of hazardous
constituents in the bottom one-third of the soil core.
NOTE: Soil monitoring may be conducted by taking less than
one soil core per acre provided the facility owner/operator
can demonstrate that hazardous constituents, especially
heavy metals, will be detected before vertically migrating
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a distance that exceeds three times the depth of the zone
of incorporation.
(3) If soil monitoring shows that the concentration of a chemi-
cal species has increased above background levels in the bottom
one-third of the soil core and the increase is statistically
significant (i.e., as determined by the Student's t single-
tailed test at the 95 percent confidence level), the facility
owner/operator shall:
(i) notify the Regional Administrator within seven (7)
days;
(ii) determine the cause of the increase, e.g. , a design
failure, an improper operating procedure, etc.;
(iii) determine the extent of migration of the con-
taminants in the soil.
(g) Growth of food chain crops
(1) Food chain crops shall not be grown on the treated area of
a landfarm.
NOTE: Food chain crops may be grown on the treated area of
a landfarm provided the facility owner/operator can de-
monstrate:
(1) that the practice shall not result in the human con-
sumption of:
(i) arsenic, lead, or mercury;
(ii) food additives banned by the U.S. Food and Drug
Administration;
B-205
-------
(iii) substances listed in Section 250.13 (a)(4) of
Subpart A.
(2) compliance with Subtitle D3 Section 257.3-5 (a)(l) and
(2), application to land used for the production of food
chain crops.
(h) Closure
(1) Landfarms shall be designed and operated such that by the
time of closure, food chain crops can be grown on the treated
area such that Standard 250.45-5(g), on human consumption, shall
not be violated.
250.45-6 Chemical, Physical and Biological Treatment Facilities
(a) Facilities shall be designed, constructed, operated and
maintained so as to serve their intended purpose without violat-
ing groundwater (250.42-1), surface water (250.42-2), and air
(250.42-3) human health and environmental standards.
(b) The materials used in construction of the treatment unit shall
be compatible with the hazardous waste and treatment chemicals
or reagents under expected operating conditions (e.g., tem-
perature, pressure, etc.).
(c) All hazardous wastes shall be analyzed prior to selection of a
treatment technique to determine:
(i) the proper feed rates of treatment chemicals or reagents;
(ii) the proper operating conditions (e.g. , temperature, pres-
sure, flow rate, etc.);
B-206
-------
(iii) if the waste or reagents will have any detrimental effect
(e.g., causing corrosion problems, dissolution, saltings
or scalings etc.) on the materials used for construction;
(iv) if the waste contains any components or contaminants
which may interfere with the intended treatment process
(e.g., biological treatment, solidification, adsorption
process etc.) or decrease the effectiveness of the treat-
ment;
(v) if the waste contains components or contaminants which
may cause the uncontrolled release of toxic gases or
fumes (e.g., i^S; HCN etc.) during the intended treat-
ment ;
(vi) if the waste contains components or contaminants which
may form highly toxic components with the treatment
chemicals or reagents (e.g., halogenated hydrocarbons,
etc.) during the intended treatment.
NOTE: The analyses of hazardous waste may be omitted
provided the facility owner/operator can demonstrate that
the information provided in the manifest is adequate to
satisfy the criteria listed in (i) to (vi) of (c) above, or
the facility owner/operator can supply information
documenting that the subject hazardous waste is similar to
that which has been previously treated at the facility.
B-207
-------
(d) Trial tests (bench scale, pilot plant scale, or other appro-
priate tests) shall be performed for each waste which is new
or significantly different than those previously treated to de-
termine treatment technique and operating conditions, and to
evaluate the effectiveness of the treatment process and conse-
quences of the proposed treatment.
(e) All treatment chemicals or reagents used in a treatment process
shall be stored so as to be in compliance with storage require-
ments under Section 250.44.
(f) The uncovered reaction vessels shall be sized to provide no less
than 60 cm (2 feet) freeboard, to prevent splashings or spillage
of hazardous waste during the treatment (e.g., neutralization,
precipitation, etc.).
(g) All facilities shall demonstrate the capability to handle the
hazardous wastes during facility or equipment breakdown or mal-
function. All facilities shall have the capacity for emergency
transfer of reactor contents, or emergency storage capacity.
(h) All continuous feed facilities shall be equipped with an auto-
matic waste feed cut-off or a by-pass system which is activated
when a malfunction in the treatment process occurs.
(i) Upon final closure, all hazardous waste and hazardous waste re-
siduals shall be removed from chemical, physical and biological
treatment facilities and disposed of as required in Subpart D.
B-208
-------
(j) Facilities which produce commercial products shall comply with
the requirements of Section 250.42-4.
250.45-7 Facilities Which Make Commercial Products From Hazardous
Waste
(a) General
(1) The standards in this section define the levels of treat-
ment of a hazardous waste necessary to render it "amenable for
recovery." A waste so treated shall not be subject to further
regulation under Subtitle C of RCRA.
(2) Any commercial product manufactured from a hazardous waste,
whose use constitutes disposal, for which there is no specific
commercial product standard shall be treated so as to be ren-
dered nonhazardous.
(3) Product standards promulgated under the Toxic Substances
Control Act (TSCA) for any products regulated in this section
shall supercede the standards in this section.
(b) Fuel Oil
(1) Fuel oil made from hazardous waste shall contain less than
8 ppm of lead.
(c) Soil Conditioning Products
(1) Soil conditioning products made from hazardous waste shall
not contain amounts of substances that, when applied at rates
recommended by the manufacturer, will cause the substance addi-
tion rates to be exceeded.
B-209
-------
Substance Addition Rates (in kg/ha/yr):
Arsenic 1.34
Cadmium 0.08
Lead 0.03
NOTE: Soil conditioning products made from hazardous waste
may contain amounts of substances that, when applied at
rates recommended by the manufacturer, will cause the sub-
stance addition rates to be exceeded, provided that the
facility owner/operator applies labels to packaged products
and supplies the recipients of bulk products with pamphlets
or similar literature that shall:
(1) state that the product is made from hazardous
waste and shall not be applied to food chain crops,
and,
(2) list the levels of arsenic, cadmium, and lead in
rag/kg on a dry weight basis.
(d) Chlorinated Cement Kiln Fuel
(Space reserved)
250.46 SPECIAL WASTE STANDARDS
250.46-1 Cement Kiln Dusts [Space Reserved]
250.46-2 Utility Wastes [Space Reserved]
250.46-3 Phosphate Rock Mining and Processing [Space Reserved]
250.46-4 Uranium Mining/Milling Waste [Space Reserved]
250.46-5 Other Mining Waste [Space Reserved]
B-210
-------
250.46-6 Oil Drilling Muds And Brines [Space Reserved]
B-211
-------
ANNEX 1
DRINKING WATER STANDARDS
Parameter
Maximum Level
A. Interim Primary
Arsenic
Barium
Cadmium
Chromium (VI)
Fluoride
Lead
Mercury
Nitrate (as N)
Selenium
Silver
Endrin
Lindane
Methoxychlor
Toxaphene
2,4-D
2,4,5-TP Silvex
Radium
Gross Alpha
Gross Beta
Turbidity
Coliform Bacteria
B. Secondary
Chloride
Copper
Foaming Agents
Hydrogen Sulfide
Iron
Manganese
Sulfate
TDS
Zinc
Color
Corrosivity
Odor
pH
B-212
(mg/1)
0.05
1.0
0.01
0.05
1.4-2.4
0.05
0.002
10
0.01
0.05
0.002
0.004
0.1
0.005
0.01
0.01
5 PCi/l
15 pCi/1
4 millirem/yr
1 TU
1/100 ml
(mg/1)
250
1
0.5
0.05
0.3
0.05
250
500
5
15 Color Units
Non-corrosive
3 Threshold Odor Number
6.5-8.5
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—
TSDF (TREATMENT, STORAGE OR DISPOSAL FAC1UT1SS) REPORT
NAMS
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/ csftily that ths above inioexation ;s corrscr to ihs iesr o/ .717 Artcw?«e'^« and beliei.
S?A ram. J700-1: (4-73)
B-221
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ANNEX 4
INCOMPATIBLE WASTES
Many wastes, when mixed with others at a hazardous waste facil-
ity, can potentially produce adverse human health and environmental
effects through means such as the following: (1) heat generation,
(2) violent reaction, (3) release of toxic fumes and gases as result
of mixing, (4) release of toxic substances in case of fire or explo-
sion, (5) fire or explosion, and (6) generation of flammable or toxic
gases.
Below is a summary list of potentially incompatible waste mater-
ials/waste components and the adverse consequences resulting from
mixing of wastes in one group with those in another group.
List of Potentially Incompatible Wastes
The mixing of a Group A waste with a Group B waste may have the
potential consequence as noted.
Group 1-A Group 1-B
Acetylene sludge Acid sludge
Alkaline caustic liquids Acid and water
Alkaline cleaner Battery acid
Alkaline corrosive liquids Chemical cleaners
Alkaline corrosive battery fluid Electrolyte, acid
Caustic wastewater Etching acid liquid or solvent
Lime sludge and other corrosive Liquid cleaning compounds
alkalies Pickling liquor and other corrosive
Lime wastewater acids
Lime and water Sludge acid
Spent caustic Spent acid
Spent mixed acid
Spent sulfuric acid
Potential consequences: Heat generation, violent reaction.
B-222
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Group 2-A Group 2-B
Asbestos waste and other toxic Cleaning solvents
wastes Data processing liquid
Beryllium wastes Obsolete explosives
Unrinsed pesticide containers Petroleum waste
Waste pesticides Refinery waste
Retrograde explosives
Solvents
Waste oil and other flammable~and
explosive wastes
Potential consequences: Release of toxic substances in case of fire
or explosion.
Group 3-A Group 3-B
Aluminum Any waste in Group 1-A or 1-B
Beryllium
Calcium
Lithium
Magnesjum
Potassium
Sodium
Zinc powder and other reactive
metals and metal hydrides
Potential consequences: Fire or explosion; generation of flammable
hydrogen gas.
Group 4-A Group 4-B
Alcohols Any concentrated waste in Groups
Water 1-A or 1-B
Calcium
Lithium
Metal hydrides
Potassium
Sodium
S02C12, SOC12, PC13,
CH3SiCl3, and other water-
reactive wastes
Potential consequences: Fire, explosion, or heat generation;
generation of flammable or toxic gases.
B-223
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Group 5~A
Group 5-B
Alcohols Concentrated Group 1-A or 1-B
Aldehydes wastes
Halogenated hydrocarbons Group 3-A wastes
Nitrated hydrocarbons and other
reactive organic compounds
and solvents
Unsaturated hydrocarbons
Potential consequences: Fire, explosion or violent reaction.
Group 6-A
Spent cyanide and sulfide
solutions
Group 6-B
Group 1-B wastes
Potential consequences: Generation of toxic hydrogen cyanide or
hydrogen sulfide gas. %
Group 7-A
Chlorates and other strong
oxidizers
Chlorine
Chlorites
Chromic acid
Hypochlorites
Nitrates
Nitric acid, fuming
Perchlorates
Permanganates
Peroxides
Potential consequences: Fire, explosion, or violent reaction.
Group 7-B
Acetic acid and other organic acids
Concentrated mineral acids
Group 2-B wastes
Group 3-A wastes
Group 5-A wastes and other
flammable and combustible wastes
SOURCE: "Law, regulations and guidelines for handling of hazardous
waste," California Department of Health, February 1975.
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ANNEX 5
METHODS FOR DETERMINING SOIL pH
A. Method for Soil pH in Water (For Non-Calcareous Soils)
To 20 g. of soil in a 50-ml. beaker, add 20 ml. of distilled
water, and stir the suspension several times during the next 30
minutes. Let the soil suspension stand for about 1 hour to allow
most of the suspended clay to settle out from the suspension. Adjust
the position of the electrodes in the clamps of the electrode holder
so that, upon lowering the electrodes into the beaker, the glass
electrode will be immersed well into the partly settled suspension,
and the calomel electrode will be immersed just deep enough into the
clear supernatant solution to establish a good electrical contact
through the ground-glass joint or the fiber-capillary hole. Then
insert the electrodes into the partly settled suspension as indicated
above, measure the pH, and report the results as "soil pH measured in
water."
B. Method for Soil pH in 0.01m CaCl2 Solution (For Calcareous
Soils)
Reagents
1. Stock calcium chloride solution (CaC^) 3.6M: Dissolve
1,059 g. of CaCl2 ' 2H20 in distilled water in a
2-liter volumetric flask. Cool the solution, dilute it to
volume with distilled water, and mix it well. Dilute 20 ml.
of this solution to 1 liter with distilled water in a
volumetric flask, and standardize it by titrating a 25 ml.
B-225
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aliquot of the diluted solution with standard 0.1N
using 1 ml. of 5 percent K2CrC>4 as the indicator.
2. Calcium chloride (CaCl2) 0.01M: Dilute 50 ml. of stock
3.6M CaCl2 to 18 liters with distilled water. If the pH
of this solution is not between 5 and 6.5, adjust the pH by
addition of a little Ca(OH)2 or HCL. As a check on the
preparation of this solution, measure its electrical con-
ductivity. The specific conductivity should be 2.32 = 0.08
mmho. per cm. at 25°C.
Procedure
To 10 g. of soil in a 50-ml. beaker, add 20 ml. of 0.01M CaCl2
solution, and stir the suspension several times during the next 30
minutes. Let the soil suspension stand for about 30 minutes to allow
most of the suspended clay to settle out from the suspension. Adjust
the position of the electrodes in the clamps of the electrode holder
so that, upon lowering the electrodes into the beaker, the glass
electrode will be immersed well into the partly settled suspension
and the calomel electrode will be immersed just deep enough into the
clear supernatant solution to establish a good electrical contact
through the ground-glass joint or the fiber-capillary hole. Then
insert the electrodes into the partly settled suspension as indicated
above, measure the pH, and report the results as "soil pH measured in
0.01M CaCl2."
Source: "Methods of Soil Analysis." Part II Chemical and Microbio-
logical Properties. C.A. Black, Ed. (American Society of
Agronomy, 1965.)
B-226
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SUBPART E - PERMIT SYSTEM FOR FACILITIES WHICH TREAT, STORE OR
DISPOSE OF HAZARDOUS WASTE
250.60 Scope and Purpose
250.61 Definitions
250.62 Permit Provisions
250.62-1 Conditions of Permits
250.62-2 Modification of Permits
250.62-3 Revocation of Permits
250.62-4 Schedule of Compliance in Permits
250.62-5 Duration of Permits
250.62-6 Experimental Special Permit
250.62-7 Hospital-Medical Care Facility
Special Permit
250.62-8 Publicly Owned Treatment Works
Special Permit
250.62-9 Special Permit for Ocean Dumping
Barge or Vessel
250.63 Application for a Permit
250.63-1 Distribution of Application
250.63-2 Public Access and Confidential
Information
250.64 Formulation of Tentative Determinations and Draft
Permit
250.64-1 Public Notice of Tentative Determination
250.65 Request for Public Hearing and Notice of
Public Hearing
250.65-1 Submission of Oral or Written Comments at Hearing
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250.65-2 Hearing Officer
250.65-3 Panel Hearing
250.65-4 Opportunity for Cross-Examination
250.65-5 Recommended Decision
250.66 Administration Record
250.67 Emergency Action
250.68 Computation of Time
B-228
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250.60 SCOPE AND PURPOSE
(a) These regulations apply to persons owning or operating facili-
ties which treat, store, or dispose of hazardous waste. Upon the
effective date of these regulations, no treatment, storage, or
disposal of hazardous waste or operators of such facilities have
applied for a permit as provided in this subpart.
(b) These regulations describe the requirements that must be
satisfied before a permit is issued to the owner or operator of a
facility which treats, stores, or disposes of hazardous waste, and
the procedures for modification or revocation of such permits.
250.61 DEFINITIONS
For the purpose of this subpart, all terms not herein defined
shall have the meaning given by the Act.
(a) The term "Act" means the Solid Waste Dispsoal Act as
amended by the Resource Conservation and Recovery Act of 1976, Public
law 94-580, 42 U.S.C. 6901, et seq.
(b) The term "Administrator" means the administrator of the
Environmental Protection Agency.
(c) The term "applicant" means an applicant for a hazardous
waste management facility permit under Section 3005 of the Solid
Waste Disposal Act as amended by the Resource Conservation and
Recovery Act of 1976.
(d) The term "application, Part A" means that part of the
application form which shall be completed by an applicant to
B-229
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furnish the information required for a facility to qualify for
interim status under Section 3005(e) of RCRA.
(e) The term "application, Part B" means that part of the
application form which shall be completed by an applicant to furnish
the information required to process the full application.
(f) The term "disposal" means the discharge, deposit, injec-
tion, dumping, spilling, leaking, or placing of any hazardous waste
into or on any land or water so that such hazardous waste or any con-
stituent thereof may enter the environment or be emitted into the air
or discharged into any waters, including groundwaters.
(g) The term "disposal facility" means any facility which dis-
poses of hazardous waste.
(h) The term "Federal agency" means any department, agency, or
other instrumentality of the Federal Government, any independent
agency or establishment of the Federal Government including any
government corporation, and the Government Printing Office.
(i) The term "final closure" means the measures which must be
taken by an owner or operator of a facility when he or she determines
that hazardous waste will no longer be accepted for treatment, stor-
age, or disposal on the entire facility.
(j) The term "generator" means any person or Federal agency
whose act or process produces hazardous waste (as defined or listed
under Subpart A of this Part); provided, however, a person or Federal
agency who produces and disposes of no more than 100 kilograms
B-230
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(approximately 220 pounds) per month of non-radioactive or non-
special chemical hazardous waste (as listed under Subpart A of this
Part) is not a generator.
(k) The term "groundwater" means water benea.th the land surface
in the saturated zone.
(1) The term "hazardous waste" means a solid waste, or com-
bination of solid wastes, which because of its quantity, concentra-
tion, or physical, chemical, or infectious characteristics may:
(1) Cause, or significantly contribute to an increase in
serious irreversible, or incapacitating reversible, illness; or
(2) Pose a substantial present or potential hazard to
human health or the environment when improperly treated, stored,
transported, disposed of, or otherwise managed.
(m) The term "hazardous waste management" means the systematic
control of the collection, source separation, storage, transporta-
tion, processing, treatment, recovery, and disposal of hazardous
waste.
(n) The term "hazardous waste management facility" ('HWMF
facility1 or "facility") means any land and appurtenances thereto
used for the treatment, storage, and/or disposal of hazardous waste.
(o) The term "hazardous waste management facility permit"
("HWMF permit" or 'permit") means a permit issued under the Act and
these regulations for the construction or operation of a facility
that treats, stores, or disposes of hazardous waste.
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(p) The term "incompatible waste" means a waste unsuitable for
commingling with another waste or material, where the commingling
might result in: (1) extreme heat or pressure generation, (2) fire,
(3) explosion or violent reaction, (4) formation of substances that
are shock-sensitive, friction-sensitive, or otherwise have the poten-
tial of reacting violently, (5) formation of toxic dusts, mists,
fumes, gases, or other chemicals, and (6) volatilization of ignitable
or toxic chemicals due to heat generation, in such a manner that the
likelihood of contamination of groundwater, or escape of the sub-
stances into the environment, is increased.
(q) The term "in existence" applies to facilities which were in
operation or under physical construction, or for which market
studies, preliminary planning, feasibility studies or design
engineering activities had been contracted for or conducted, or for
which land had been obtained, or optioned on date of enactment of the
Act (October 21, 1976); provided such facilities are under physical
construction, or in operation upon promulgation of this subpart.
(r) The term "in operation" applies to facilities actively
treating, storing, or disposing of hazardous waste.
(s) The term "leachate" means the liquid that has percolated
through or drained from hazardous waste or other man-emplaced
materials from which it removes soluble, partially soluble, or
immiscible components.
B-232
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(t) The term "long term care" means the manner in which a
facility must be maintained after it no longer accepts hazardous
waste for treatment, storage or disposal,
(u) The term "manifest" means the form used for identifying the
quantity, composition, and the origin, routing, and destination of
hazardous waste during its transportation from the point of genera-
tion to the point of disposal, treatment, or storage.
(v) The term "monitoring" means all procedures used to sys-
tematically inspect and collect data on operational parameters of
facilities or on the quality of the air, groundwater, or surface
water.
(w) The term "municipality" means (1) a city, town, borough,
county, parish, district, or other public body created by or pursuant
to state law, with responsibility for the planning or administration
of solid waste management, or an Indian tribe or authorized tribal
organization of Alaskan native village or organization, and includes
(2) any rural community or unincorporated town or village or any
other public entity for which an application for assistance is made
by a state or political subdivision thereof.
(x) The term "one hundred year flood" means a flood that has a
one percent or one in 100 chance of recurring in any year, or a flood
of magnitude equalled or exceeded once in 100 years on the average
over a significantly long period. In any given 100-year interval,
such a flood may not occur, or more than one such flood may occur.
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(y) The term "owner or operator" means a person owning the land
on which a facility is located or the authorized agent of the owner,
or a person who is responsible for the overall operation of the
facility.
(z) The term "person" means an individual, trust, firm, joint
stock company, corporation (including a government corporation),
partnership, association, state, municipality, commission, political
subdivision of a state, interstate body or Federal agency.
(aa) The term "physical construction" means excavation, move-
ment of earth, erection of forms or structures, the purchase of
equipment, or any other activity involving the actual preparation of
the facility to treat, store, or dispose of hazardous waste.
(bb) The term "Regional Administrator" means the Administrator
of the regional office of the Environmental Protection Agency region
in which the facility concerned is located, or his designee.
(cc) The term "storage" means the containment of hazardous
waste, either on a temporary basis or for a period of years, in such
a manner as not to constitute disposal of such hazardous waste.
(dd) The term "storage facility" means any facility which
stores hazardous waste, except generators who store their own hazard-
ous waste for less than 90 days for subsequent transport off-site.
(ee) The term "storage tank" means any manufactured nonportable
covered device used for containing pumpable hazardous waste.
B-234
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(ff) The term "surface impoundment" means any natural depres-
sion or excavated and/or diked areas built into or upon the land,
which are fixed, uncovered, and lined with soil or a synthetic mater-
ial, and are used for treating, storing, or disposing wastes.
Examples include holding ponds and aeration ponds.
(gg) The term "treatment" means any method, technique, or pro-
cess, including neutralization, designed to change the physical,
chemical, or biological character or composition of any hazardous
waste so as to neutralize such waste or so as to render such waste
nonhazardous, safer for transport, amenable for recovery, amenable
for storage or reduced in volume. Such term includes any activity or
processing designed to change the physical form or chemical com-
position of hazardous waste so as to render it nonhazardous.
(hh) The term "treatment facility" means any facility which
treats hazardous waste.
250.62 PERMIT PROVISIONS
(a) General. (1) No existing facility may treat, store, or
dispose of hazardous waste 180 days after the promulgation of these
regulations unless the owner or operator of the facility has applied
for a permit as provided in section 250.63(a) of this subpart.
(2) No construction of a new facility shall commence prior
to acquisition of a permit. After issuance, all construction shall
be in accordance with the requirements of such permit.
B-235
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(3) No modification of a facility in existence shall com-
mence without a permit issued in accordance with this subpart. After
issuance, all modifications shall be in accordance with the require-
ments of such permit.
(4) No new facility shall commence treatment, storage, or
disposal of hazardous waste until construction of such facility is
complete and:
(A) The owner or operator has submitted to the Agency
a certified letter signed by the owner or operator and the licensed
engineer in the state where the facility is located, who designed the
facility, stating clearly that construction of the facility has com-
plied with the permit; and
(B) the Agency has inspected the facility and such
inspection reveals compliance with the terms of the permit provided
that the Agency has notified the owner or operator, within five (5)
days of receipt of such letter, of its intent to inspect.
(b) General application requirements. A person who is required
to apply for a permit shall comply with the procedural and informa-
tional requirements of section 250.63 unless otherwise specified in
sections 250.62-6, 250.62-7, 250.62-8, and 250.62-9.
(c) Conditions for separate processes. In permits issued under
the Act and these regulations, the Regional Administrator may impose
specific conditions for separate processes or operations in the
facility.
B-236
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250.62-1 Conditions of Permits
In addition to the permit requirements of these regulations, the
Regional Administrator shall insure that the terms of all permits
issued specifically include the following:
(a) Operation and maintenance. All approved procedures of
operation and maintenance are consistent with the requirements of
these regulations, the Act, and the standards in Subpart D.
(b) Modification. A permit may be modified only as provided in
section 250.62-2.
(c) Revocation. A permit may be revoked only as provided in
section 250.62-3 and section 3008(b) of the Act.
(d) Violation of Act and permit. The operation and maintenance
of a facility in violation of the terms of the permit shall con-
stitute a violation of the permit and the Act.
(e) Monitoring, recordkeeping and reporting. Failure to main-
tain monitoring, recordkeeping, and reporting requirements in com-
pliance with the permit and the standards in Subpart D, shall
constitute a violation of the terms of the permit and the Act.
(f) Inspections. Under section 3007 of the Act, the permittee,
upon request of the Regional Administrator or his authorized
representative, shall furnish all records concerning the hazardous
waste treated, stored, or disposed of at the facility. In addition,
the permittee shall allow the Regional Administrator or his repre-
sentative, upon the presentation of his credentials, at all
B-237
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reasonable times, to inspect the facility and have access to and copy
all records concerning the hazardous waste treated, stored, or dis-
posed of at the facility.
(g) Operation of control systems. The permittee shall at all
times maintain in good working order and operate as efficiently as
possible any facilities or systems of control installed or used by
the permittee to achieve compliance with the terms of the permit.
(h) Changed hazardous waste characteristics, lists or
standards. If the characteristics or lists for defining a hazardous
waste in Subpart A are changed from the characteristics or lists
applied in the permit, or the applicable standards in Subpart D are
changed, the Regional Administrator shall modify the permit in
accordance with the changed hazardous waste characteristics, lists,
standard or prohibition and so notify the permittee.
(i) Contingency plan. A contingency plan, approved by the
Regional Administrator, which outlines emergency or remedial actions
necessary, including but not limited to, contacting appropriate
persons and agencies for each waste in the event of spillage, leak-
age, or other emergency situation, shall be in effect at all times.
(j) Financial responsibility. Failure to maintain financial
responsibility for continuity of operation and ownership, for claims
arising as a result of operation of the facility, and for facility
closure and post-closure maintenance, as required in the permit and
standards in Subpart D, shall constitute a violation of the terms of
the permit.
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250.62-2 Modification of Permits.
(a) When a permit may be modified. Any proposed expansion or
modification of a facility, increases in the volume of hazardous
waste to be treated, stored or disposed of, or any changes in the
type of hazardous waste to be treated, stored, or disposed of must be
immediately reported to the Regional Administrator for a determina-
tion of whether the existing permit must be modified. The Regional
Administrator shall require that all relevant information concerning
the proposed expansion, modification or changed conditions be sub-
mitted and a determination of whether the permit should be modified
shall be made for good cause including a consideration of whether:
(1) The operation of the facility will be substantially
affected and new conditions of operation and maintenance will be
required; or
(2) The threat to the public health or environment will be
materially increased.
(b) Compliance schedules for modifications. Any modification
of a permit shall include a schedule of compliance which satisfies
the requirements of section 250.62-4.
250.62-3 Revocation of Permits.
(a) When a permit will be revoked. In addition to all other
enforcement and administrative remedies available, the Regional
Administrator may, pursuant to Section 3008(b) of the Act, revoke
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a permit, in whole or in part, during its own term for cause,
including:
(1) Violation of any term of the permit, applicable
regulations, or the Act;
(2) Misrepresentation or an inaccurate description of any
material fact in the permit application, or failure to disclose all
relevant facts in the permit application; or
(3) Other good cause for the revocation.
250.62-4 Schedule of Compliance in Permits.
(a) Time for Compliance. For any facility which is not in com-
pliance with applicable regulations and the Act, the permittee shall
take specific steps to achieve compliance within the shortest reason-
able period of time and subject to the procedural requirements of
this regulation.
(b) Compliance schedules in permits. All schedules of com-
pliance shall be set forth in permits as follows:
(1) For any schedule of compliance which exceeds 6 months,
the schedule shall set forth interim requirements and the dates for
their achievement. In no event, however, shall more than six months
elapse between interim dates, nor more than three years elapse from
the date of the original compliance schedule to the final date of
compliance. If the time necessary is more than six months and is not
readily divided into stages for completion, interim dates shall be
specified for the submission of progress reports toward completion of
the interim requirement.
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(2) Not later than 14 days following each interim date and
the final date of compliance, the permittee shall provide the
Regional Administrator with written notice of the permittee's com-
pliance or noncompliance with the interim or final requirements.
250.62-5 Duration of Permits.
Except as provided in section 250.62-6 a permit shall be issued
for the projected life of a facility.
250.62-6 Experimental Special Permit.
(a) Who may receive a permit. The Regional Administrator may
grant a HWMF experimental special permit to a person who is engaged
in technology advancing activities which are intended to improve the
state-of-the-art for hazardous waste treatment, storage, or disposal.
(b) Application. An applicant for a HWMF experimental special
permit shall submit that portion of the information specified in sec-
tion 250.63(h) that is relevant to the technology involved and the
applicable Subpart D standards. In reviewing the application, the
Regional Administrator may direct that the application be given
priority review.
(c) Termination. If a HWMF experimental special permit is
granted, the Regional Administrator shall set a specific date for its
termination.
250.62-7 Hospital-Medical Care Facility Special Permit.
(a) Who may receive a permit. A person who owns or operates a
hospital or medical care facility which treats or stores hazardous
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waste may apply for a HWMF hospital-medical care facility special
permit if the following conditions are satisfied:
(1) The hospital or medical care facility is licensed
under a state licensing law which provides for the review and
approval of a program for the storage, sterilization, incineration,
or treatment of all hazardous waste generated;
(2) The state licensing law provides for the enforcement
of that program;
(3) If incineration is used, the incinerator is operated
under the terms and conditions of a permit issued under applicable
state law; and,
(4) The person owning or operating the facility submits a
certification of compliance with this section signed by the appro-
priate state licensing official.
(b) Application. Instead of the comprehensive application
requirements of section 250.63(h) an applicant for a HWMF hospital-
medical care facility special permit shall submit the following
information:
(1) The name and address of the facility.
(2) The information described in section 250.63(h)A(2) and
250.62(h)B(5).
(3) A detailed hazardous waste maintenance and control
plan, which shall include but not be limited to: (i) a description
of how hazardous waste will be stored or treated within the facility;
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(ii) how access to or contact with the hazardous waste will be con-
trolled; and (iii) a plan for segregation of incompatible waste.
250.62-8 Publicly Owned Treatment Works Special Permit.
(a) Who must obtain a permit. A person who owns or operates a
Publicly Owned Treatment Works (POTW) facility that accepts for
treatment hazardous waste transported to the facility by truck or
rail, under a manifest required by Subpart B, must obtain a HWMF/POTW
special permit. However, no facility shall be eligible for a special
permit if the hazardous waste accepted for treatment does not meet
all of the pretreattnent standards established under Section 307 of
the Clean Water Act of 1977.
(b) Application. An applicant for a HWMF/POTW special permit
shall submit that portion of Part A of the application described in
section 250.63(n)A(2), and shall comply only with the reporting and
recordkeeping requirements of Subpart D.
250.62-9 Special Permit for Ocean Dumping Barge or Vessel.
(a) Who must obtain a permit. A person who owns or operates a
barge or other vessel that accepts hazardous waste, delivered
directly to the barge or vessel under a manifest required by subpart
B, must obtain a HWMF/Ocean Dumping Facility Special Permit. For
purposes of these regulations, the barge or other vessel is con-
sidered a "facility." The Regional Administrator may grant a
HWMF/Ocean Dumping Facility Special Permit only to a person who has
obtained a valid ocean dumping permit under conditions specified in
regulations published under 40 CFR Parts 220-227.
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(b) Application. An applicant for a HWMF/Ocean Dumping Facil-
ity Special Permit shall submit that portion of Part A of the
application described in Section 250.63(h) A(2), and shall comply
only with the reporting and recordkeeping requirements of Subpart D.
250.63 APPLICATION FOR A PERMIT
(a) Facilities in existence. Any person who owns or operates a
facility for the treatment, storage, or disposal of hazardous waste
which is in existence, as defined in Section 250.61(q) of this sub-
part, shall apply for a HWMF permit within six months after the date
upon which these regulations are promulgated. No treatment, storage
or disposal of hazardous waste at the facility may occur after such
date unless such application has been received. To satisfy the
application deadline of this subsection, and to qualify for interim
•
status under section 3005(e) of the Act, an applicant shall submit
only the information required in Part A of the application (Sub-
section (h)A of this Section). A date for submittal of Part B of the
application shall be established by the Regional Administrator at a
later date. Failure to submit Part B of the application by the date
established by the Regional Administrator shall constitute an
immediate loss of interim status.
(b) Owners or operators. The owner or operator of a hazardous
waste management facility, or the authorized agent of either, must
submit and sign an application for a permit as required by this
regulation. An unsigned or improperly signed application shall be
considered incomplete.
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(c) Applications by corporations, partnerships and governmental
entities. An application submitted by a corporation must be signed
by a principal executive officer of at least the level of vice presi-
dent, or his authorized representative, if that representative is
responsible for the overall operation of the facility. In the case
of a partnership or a sole proprietorship, the application must be
signed by a general partner or the proprietor respectively. In the
case of a municipal, state, Federal or other public facility, the
application must be signed by either a principal executive officer,
appropriate elected official, or other duly authorized employee. An
unsigned or improperly signed application shall be considered
incomplete.
(d) Engineering, hydrologic and geologic information. All
application information and plans for the design of a facility shall
be certified by a professional engineer licensed to practice in the
state where the facility is or will be located. All information con-
cerning hydrology and geology shall be certified by a professional in
the discipline. In each instance, the engineer, hydrologist and
geologist certifying the information shall list all relevant
educational qualifications and professional licenses. An uncertified
or improperly certified application shall be considered incomplete.
(e) Applications for new facilities. Any person proposing to
construct a new facility for the treatment, storage, or disposal of
hazardous waste shall apply for a HWMF permit a reasonable time
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before physical construction is anticipated to commence. Both Part A
and Part B of the application must be submitted before Agency evalua-
tion begins. Physical construction of a new facility may not begin
until a final permit has been issued as provided in these
regulations.
(f) Complete applications. All applications submitted to the
Regional Administrator shall provide all information required by the
application form and such other information as the Regional Adminis-
trator requests. Within 30 days of receipt of an application the
Regional Administrator shall determine if the application is com-
plete and shall notify the applicant, in writing, of such determi-
nation. If the Regional Administrator determines the application is
not complete within 30 days, the Regional Administrator shall return
the application to the applicant specifically stating what informa-
tion must be provided to render the application complete. An
application shall not be considered as submitted to the Regional
Administrator until it is in complete form.
(g) Application forms and copies submitted. An applicant for a
HWMF permit may obtain the required forms and directions for prepar-
ing an application from the Regional Administrator. An original and
two copies of the application shall be submitted to the Regional
Administrator.
(h) Specific application information. Unless otherwise
specifically provided in sections 250.62-6, 250.62-7, 250.62-8, and
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250.62-9, the application for a HWMF permit shall include all
relevant information concerning compliance with the standards in
subpart D, including, but not limited to, the following:
A. Part A of the Application
(1) A description of the boundaries of the facility, including
a topographic map of the area for a distance of one mile (1.6 km)
beyond the boundaries of the facility. The topographic map submitted
shall have a scale of one inch (2.5 cm) equal to not more than 500
feet (145 m) and have a contour interval not greater than 20 feet
(5.9 m). The map shall also indicate the location of facility
structures and all known or recorded wells, springs, and surface
water bodies located within the area covered by the map.
(2) A detailed description of:
(i) the hazardous waste to be handled at the facility by
its Department of Transportation (DOT) proper shipping name (49 CFR
172), or by the EPA name (as identified or listed in subpart A) if
the DOT proper shipping name is not applicable. However, if the DOT
proper shipping name "NOT OTHERWISE SPECIFIED" (NOS) is used, the EPA
name (as identified or listed in Subpart A) must be included.
(ii) the hazard class of each waste as identified or listed
under the DOT hazard class (49 CFR 172) or by the EPA characteristics
(as identified in subpart A) if the DOT hazard class is not applica-
ble. However, if the DOT proper shipping name "OTHER REGULATED
MATERIAL" (ORM) is used, the EPA characteristic (as identified in
Subpart A) must be included.
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(iii) the annual quantity of each hazardous waste to be
treated, stored, or disposed of;
(iv) the units of volume or weight, for each quantity in
either the metric or the English system;
(v) how the hazardous waste is to be treated, stored, or
disposed of at the facility; and
(vi) copies of drawings and specifications for the facil-
ity, if available.
B. Part B of the Application
(1) A master plan for the facility which shall include a
detailed description of:
(i) any structures, buildings, equipment or machinery to
be used at the facility including site preparation plans, design
plans, and specifications for treatment, storage or disposal
facilities;
(ii) a detailed plan of operation and maintenance, in-
cluding operating conditions, projected hours of operation, security
and access control, plans for covering and compaction, plans for
controlling odor and air pollution, plans for vector control, and
other related items;
(iii) the life of the facility based on the projected use
and the expansion potential and plans for the facility after final
closure;
(iv) the steps that will be taken to control leachate
production at the facility, including the period after closure;
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(v) the contingency plan for emergency situations, inclu-
ding the procedures, equipment, and facilities to be used, a listing
of the fire departments, ambulance services, hospitals, and other
emergency services that will serve the facility and the response
time, the person responsible for implementing the contingency plan,
the on-site plan for fire control, and other related information;
(vi) the plan for final closure of the facility, including
the estimated cost of final closure, post closure expenses, proposed
future uses of the facility, and proposals for controlling access;
(vii) the plan for long-term care of the facility after
final closure for disposal operations;
(viii) the plan for visual inspections of facility conditions
and for monitoring air and water pollution, including the period
after final closure; and
(ix) the plan for segregation of incompatible wastes and
how wastes will be placed or located within the treatment, storage,
or disposal facility
(2) A detailed description of site geology and the area within
one thousand feet (290 m) of the boundaries of the facility, inclu-
ding a description of physiography, drainage patterns and divides,
soil depth and types including chemical and physical properties; a
detailed description of the geologic column including intrusive
bodies, folds, fractures, faults, joints, and fracture traces. Where
access to adjacent properties for obtaining geological data may be
limited, data available from public sources may be substituted.
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(3) For disposal facilities and surface impoundment facilities,
a detailed description of the site hydrology and the area within one
thousand feet (290 m) of the boundaries of the facility, including
known or recorded springs, depth to ground water, thickness, extent,
characteristics of aquifers, perched water zones, aquitards and
aquicludes, porosity and permeability of soils, direction and rate of
flow of ground water, recharge and discharge areas, distance to sur-
face water, location of public, livestock, and private water sup-
plies, background quality of groundwater as specified in Subpart D,
and other related items. Where access to adjacent properties for
obtaining hydrological data may be limited, data available from
public sources may be substituted.
(4) A description of the climate in the area, including average
annual rainfall, average annual evapotranspiration rates, average
annual wind speed, prevailing wind direction, and other factors that
may affect water or air pollution.
(5) A listing of the qualifications of the persons responsible
for the operation of the facility, including education, training, and
work experiences, and a description of the training program to be
used to prepare persons to operate and maintain the facility in a
safe, environmentally adequate manner.
(6) A listing of the applicant's performance bonds, insurance
carriers and policies, or other instruments which constitute con-
tinued financial responsibility in accordance with standards in Sub-
part D.
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(7) The Regional Administrator may waive any of the application
requirements in Part B of the application if he or she determines
that the information is not needed to establish compliance with the
standards in Subpart D. A request for a waiver of Part B application
information shall be submitted in writing by the applicant and shall
state why the information is not needed to determine compliance with
the standards in Subpart D. The Administrator shall grant or deny
the waiver request in writing, including a statement of the reasons
for the decision, within thirty (30) days.
250.63—1 Distribution of Application.
(a) Distribution. After receiving a complete application for a
permit (Part A and Part B), as provided in these regulations, the
Regional Administrator shall make available a copy of the application
form to each of the following:
(1) the appropriate state agency in the state where the
proposed hazardous waste management facility will be located;
(2) the chief executive or legislative officer of any
municipality within a 10 mile (16 km) radius of the proposed
facility; and
(3) the public library serving the location of the
facility.
(b) Summary of Application and Public Notice. In addition to
the requirements of subsection (a) of this section, the Regional
Administrator shall prepare a summary of the application for
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distribution to the persons listed in subsection (a) of this section
and other interested persons. A public notice announcing availabil-
ity of the summary shall be circulated using the procedures described
under section 250.64-l(a). The summary shall state where complete
copies of the application are available for inspection, the person in
the regional office who can be contacted about the application, and
that comments may be submitted to EPA on the content of the appli-
cation, the adequacy of the information submitted, the approval, or
disapproval of the permit, possible permit conditions, and other
related matters during the period of permit review by EPA. The sum-
mary shall also state that following the issuance of a tentative
determination on the permit application as provided in section 250.64
of these regulations, all interested persons will be given an oppor-
tunity to comment on the tentative determination.
(c) Reasonable charge for reproducing applications. If an
interested person requests a complete copy of the application, the
Regional Administrator may assess a reasonable charge for copying and
distributing the application.
250.63-2 Public Access and Confidential Information.
Any information concerning an application for a permit shall be
available to any person to the extent and in the manner authorized by
section 3007(b) of the Act, the Freedom of Information Act, 5 U.S.C.
552, and the EPA confidential regulations in Part 2, Subpart B of
this Title.
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250.64 FORMULATION OF TENTATIVE DETERMINATIONS AND DRAFT PERMIT
(a) Content. The regional staff shall formulate and prepare
tentative determinations with respect to each permit in advance of
public notice of the proposed issuance, denial or modification of the
permit. The tentative determination on a permit application shall
include at least the following:
(l) A tentative determination to issue, deny or modify a
permit for the facility described in the application;
(2) A statement of the reasons for the tentative determi-
nation to issue, deny, or modify the permit, including an explanation
of the factual, legal, methodological and policy issues considered in
reaching the tentative determination and how they were resolved;
(3) A summary of any request for a waiver of application
information submitted and granted in accordance with section
250.63(h)(7); and
(4) If the determination made in subsection (a)(l) of this
section is to issue or modify the permit, the following tentative
conditions shall be included:
(i) proposed conditions concerning the construction,
modification, operation, and maintenance of the facility;
(ii) the proposed control, monitoring, recordkeeping
and reporting requirements that will be applicable to the proposed
facility; and
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(iii) a brief description of any other proposed con-
ditions required to satisfy the provisions of the Act and these
regulations.
(b) Basis for tentative determination. The tentative determi-
nation shall be accompanied by a listing of all materials considered
by EPA in developing the tentative determination. Copies of all
materials shall be included in the administrative record under
section 250.66, except that published material which is generally
available may be cited instead.
(c) Draft permit. The regional staff shall organize the ten-
tative determination prepared pursuant to subsection (a) of this sec-
tion into a draft permit.
250.64-1 Public Notice of Tentative Determination.
(a) Public Notice. Public notices of tentative determination
to issue, deny, or modify a permit shall be circulated in a manner
designed to inform interested and potentially interested persons of
such tentative determination. Procedures for circulation of public
notice shall include but not necessarily be limited to the following:
(1) posting notice in the post office and public places of
the municipality in which the applicant is located; and
(2) publication in a daily newspaper of general cir-
culation in the municipality in which the applicant is located.
(b) Individual notice. Individual notice of such tentative
determination shall be mailed to the applicant by certified mail,
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return receipt requested, to the persons listed in section 250.63-1,
and to persons who have submitted a request for individual notice in
compliance with the requirements of subsection (c) of this section.
(c) Request for individual notice. EPA shall mail notice of
its tentative determination to issue, deny, or modify a permit to any
person upon request. A request shall be submitted to the Regional
Administrator in writing, stating that the request is for individual
notice of tentative determination to issue, deny, or modify any
permit under section 3005 of the Act, and describing the notice or
types of notices desired (e.g., all notices, notices for a particular
region, notices for a particular state, or notice for a particular
municipality).
(d) Form of notice. The notice of a tentative determination
distributed under subsections (a), (b) and (c) of this section shall
include, in addition to any other materials, the following:
(1) A summary of the information contained in the
application;
(2) The tentative determination prepared under section
250.64;
(3) A brief description of the procedures set forth in
section 250.65 for requesting a public hearing, including a statement
that a request for a public hearing must be filed within 30 days of
the date of the notice;
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(4) A statement that written comments on the tentative
determination submitted to EPA within 60 days of the date of notice
will be considered by EPA in making a final decision on the
application;
(5) The location of the administrative record and the
location at which interested persons may obtain further information
concerning the tentative determination, including a copy of the
application, and any studies relating to the tentative determination;
and
(6) Such additional statements, representation, or
information as the Regional Administrator considers necessary or
proper.
250.65 REQUEST FOR PUBLIC HEARING AND NOTICE OF PUBLIC HEARING
(a) Request for public hearing. Within thirty (30) days of the
date of publication or mailing of the notice required by section
250.64-1, any person may request the Regional Administrator to hold a
public hearing on the tentative determination by submitting a written
request containing the following:
(1) Identification of the person requesting the hearing
and the persons interest in the proceeding;
(2) A statement of any objections to the tentative
determination; and
(3) A statement of the issues which the person requesting
a hearing proposes to raise for consideration at such hearing.
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(b) Grant or denial of hearing — notification. Whenever (1) a
written request satisfying the requirements of subsection (a) of this
section has been received and presents genuine issues, or (2) the
Regional Administrator determines in his/her discretion that a public
hearing is necessary or appropriate, the Regional Administrator shall
give written notice of his or her determination to each person
requesting a hearing and the applicant, and shall provide public
notice of his or her determination in accordance with sections
250.64-l(a) or (b). If the Regional Administrator determines that a
request filed under subsection (a) of this section does not comply
with the requirements of subsection (a) or does not present genuine
issues, he or she shall give written notice of his or her
determination to the person requesting the hearing.
(c) Form of notice of hearing. A notice of hearing issued
under subsection (b) of this section shall contain:
(1) A statement of the time and place of the hearing;
(2) The information required by paragraphs (d) (1) and (d)
(2) of section 250.64-1;
(3) A statement identifying the place at which the
administrative record on the tentative determination is located, the
hours during which the office will be open for public inspection, and
the documents contained in the record as of the date of the notice of
hearing;
(4) The name, address, and office telephone number of the
Record and Hearing Clerk for the hearing; and
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(5) A statement indicating that any person may be
represented by counsel in any hearings and proceedings under the
provisions of these regulations.
(d) Effect of denial or absence of request for hearing. If no
request for a hearing is made under this section, or if all such
requests are denied under subsection (b) of this section, the
tentative determination issued under section 250.64 shall be
considered a recommended decision issued under section 250.65-5,
except that for purposes of section 250.65-5, the term "hearing
participant" or "person who participated in the hearing" shall be
construed to mean the applicant and any person who submitted written
comments.
250.65-1 Submission of Oral or Written Comments at a Hearing.
(a) Right to comment. Any person shall be permitted to submit
oral or written statements and data concerning a permit at a public
hearing except as otherwise provided in these regulations.
(b) Reply comments. No later than 15 days after the close of
the hearing, or at a date specified in the hearing notice, each per-
son who participated in the public hearing may file with the Record
and Hearing Clerk comments, on the following:
(1) Written comments submitted by persons in response to
section 250.63-1;
(2) Written comments submitted in response to the notice
specified in sections 250.64-1 and 250.65;
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(3.) Material in the hearing record; and
(4) Material which was not and could not reasonably have
been available prior to the deadline for submission of comments under
subsection (a) of this section.
(c) Form of comments. All written comments shall be submitted
in quadruplicate and shall include any affidavits, studies, tests or
other materials relied upon for making any factual statements in the
comments.
250.65-2 Hearing Officer.
(a) Assignment of Hearing Officer. Upon granting a request for
hearing under Section 250.65, the Regional Administrator shall
appoint as Hearing Officer an EPA employee having special expertise
in the areas related to the issues to be addressed at the hearing.
(b) Powers and duties of Hearing Officer. It shall be the duty
of the Hearing Officer to conduct a fair and impartial hearing,
assure that the facts are fully elicited, and avoid delay. Between
the time a Hearing Officer is assigned and the time a decision is
issued, the Hearing Officer shall have authority to:
(1) Chair and conduct administrative hearings held under
these regulations;
(2) Administer oaths and affirmations;
(3) Receive relevant evidence, provided that the
administrative record, as defined in section 250.66, shall be
received in evidence;
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(4) Consider and rule upon motions, dispose of procedural
requests, and issue all necessary orders;
(5) Hold conferences for the purpose of settling or
simplifying the issues or expediting the proceedings; and
(6) Perform all other acts and take all action necessary
for the maintenance of order and for the efficient, fair and impar-
tial conduct of proceedings under these regulations.
250.65-3 Panel Hearing.
(a) Composition of hearing panel. A Hearing Officer shall pre-
side at the hearing held under these regulations. An EPA panel shall
also take part in the hearing. The membership of the panel shall
consist of EPA employees having special expertise in areas related to
the issues to be addressed at the hearing.
(b) Additional hearing participants. Either prior to the com-
mencement of the hearing or during the hearing, the Hearing Officer
may request that a person not then scheduled to participate in the
hearing (including an EPA employee or a person identified by any
scheduled hearing participant as having knowledge concerning the
issues raised for discussion at the hearing) make a presentation or
make himself available for discussion at the hearing.
(c) Questioning of hearing participants. The Hearing Officer
and panel members may question any person participating in the hear-
ing. Persons in the hearing audience, including other hearing
participants, may submit written questions to the Hearing Officer
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for the Hearing Office to ask the participants. The Hearing Officer
may, in his discretion, ask the questions or indicate that the
questions will not be asked because they are not relevant or are
repetitious.
(d) Submission of additional material. Participants in the
hearing shall submit for the hearing record any additional material
that the Hearing Officer may request within 15 days after the close
of the hearing, or such other period of time as may be ordered by the
Hearing Officer. Participants may also submit additional information
for the hearing record on their own accord within 15 days after the
close of the hearing.
(e) Transcript. A verbatim transcript shall be made of the
hearing.
250.65-4 Opportunity for Cross-Examination.
(a) Request for cross-examination. After the close of the
panel hearing, any participant in the hearing may submit a written
request for cross-examination. The request shall be submitted to the
Hearing Officer within 10 days after a full transcript of the hearing
becomes available and shall specify:
(1) The disputed issues of material fact for which cross-
examination is requested. The participant shall explain why the
questions at issue are factual, rather than of an analytical or
policy nature, the extent to which they are in dispute based on the
record, and why the issues are material to the decision on the per-
mit; and
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(2) The persons the participant desires to cross-examine
and an estimate of the time necessary. The request shall include a
statement as to why cross-examination of the witness in question may
elicit information not previously discussed.
(b) Order granting or denying request for cross-examination.
As expeditiously as practicable after receipt of all requests for
cross-examination under subsection (a) of this section, the Hearing
Officer shall issue an order either granting or denying each request,
which shall be disseminated to all persons requesting cross-
examination and all persons to be cross-examined. If any request for
cross-examination is granted, the order shall specify:
(1) The issues as to which cross-examination is granted;
(2) The persons to be cross-examined on each issue;
(3) The persons allowed to conduct cross-examination; and
(4) The date, time and place of the supplementary hearing
at which cross-examination shall take place.
(c) Supplementary hearing. The Hearing Officer and at least
one member of the original hearing panel shall preside at the sup-
plementary hearing. During the course of the hearing, the Hearing
Officer shall have authority to modify any order issued under sub-
section (b) of this section. A verbatim transcript shall be made of
this hearing.
(d) Alternatives to cross-examination.
(1) No later than the time set for requesting cross-
examination, a hearing participant may request that alternative
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methods of clarifying the record (such as the submittal of additional
written information) be used in lieu of or in addition to cross-
examination. The Hearing Officer shall issue an order granting or
denying each request at the time he issues an order under subsection
(b) of this section. If the request is granted, the order shall
specify the alternative to be used and any other relevant information
(e.g., the due date for submitting written information).
(2) In passing on any request for cross-examination sub-
mitted under subsection (a) of this section, the Hearing Officer may,
as a precondition to ruling on the merits of a request, require that
alternative means of clarifying the record be used whether or not a
request to do so has been made under the preceding subsection. The
person requesting cross-examination shall have 10 days to comment on
the results of using alternative methods, following which the Hearing
Officer shall issue an order granting or denying a person's request
for cross-examination.
250.65-5 Recommended Decision.
(a) Preparation of decision. The Regional Administrator shall
designate the Hearing Officer or an EPA employee who has been a
member of the hearing panel to evaluate the record of the hearing,
and prepare and file a recommended decision with the Record and Hear-
ing Clerk. This decision shall contain findings of fact, conclusions
regarding all material issues of law, fact or discretion, and a
recommendation as to whether the permit should be issued, denied,
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or modified in whole or in part. After the recommended decision has
been filed, the Hearing and Record Clerk shall serve a copy of the
recommended decision on each hearing participant and the Regional
Administrator.
(b) Effect of recommended decision. The recommended decision
shall become the final decision of the Regional Administrator within
30 days after service by the Hearing and Record Clerk.
250.66 ADMINISTRATIVE RECORD
(a) Establishment of record.
(1) Upon receipt of an application for a permit or permit
modification, an administrative record for that application shall be
established, and a Record and Hearing Clerk appointed to supervise
the filing of documents in the record and to carry out all other
duties assigned by these regulations.
(2) All material in the record shall be appropriately
indexed and available for public inspection during regular EPA busi-
ness hours. The Record and Hearing Clerk shall make appropriate
arrangements to allow members of the public to copy record materials.
All material required to be included in the record shall be added to
the record as soon as feasible after receipt by EPA.
(b) Record for issuing tentative determination. The
administrative record for issuing the tentative determination
required by section 250.64 shall consist of the application for a
permit or permit modification (plus attachments), the draft permit,
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comments received as a result of the notice issued under section
250.63-1, an application information waiver request made or granted
in accordance with section 250.63(h)(7), and any other material sup-
porting the tentative determination which are cited or discussed in
the tentative determination.
(c) Record for acting on requests for cross-exammination. The
administrative record for acting on requests for cross-examination
under section 250.65-4 shall consist of the record for issuing the
tentative determination, all comments timely submitted under sections
250.63-1 and 250.65-1, the transcript of the hearing, and any addi-
tional material timely submitted under section 250.65-4.
(d) Record for preparation of recommended decision. The
administrative record for preparation of the recommended decision
required by section 250.65-5 shall consist of the record for acting
on requests for cross-examination, the transcript of any supple-
mentary hearing held under section 250.65-4(c), and any materials
timely submitted in lieu of or in addition to cross-examination under
section 250.65-4(d).
(e) Record for issuance of final decision.
(1) Where no hearing has been held, the administrative
record for issuance of the Regional Administrator's final decision
shall consist of the record for issuing the tentative determination,
any comments timely submitted under section 250.64-1, and any other
information which the Regional Administrator considers relevant and
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which has been identified on or prior to the date of issuance of the
final decision.
250.67. EMERGENCY ACTION
Notwithstanding any other provision of these regulations, the
Regional Administrator may, under emergency circumstances, issue
temporary written authorization to a permitted facility, not to
exceed ninety days in duration, to allow the treatment, storage or
disposal of hazardous waste not covered by the existing permit. Such
authorization shall clearly specify the wastes to be treated, stored,
or disposed, and the manner and location of such treatment, storage,
or disposal. The Regional Administrator may issue such a temporary
authorization only if he or she finds that there is available no
alternative and environmentally-preferable method of treatment, stor-
age or disposal. Such authorization shall not be renewable, and may
be rescinded at any time during the 90-day period if the Regional
Administrator determines that public health and the environment may
be adversely impacted.
250.68 COMPUTATION OF TIME
(a) In computing any period of time prescribed in the regu-
lations to implement the Act, unless otherwise expressly provided,
the day on which the designated period of time begins to run shall
not be included. The last day of the period so computed is to be
included unless it is a Saturday, a Sunday or a legal holiday on
which the Environmental Protection Agency is not open for business,
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in which event the period runs until the end of the next day which is
not a Saturday, Sunday, or a legal holiday. Intermediate Saturdays,
Sundays, and legal holidays shall be excluded from the computation
when the period of time prescribed or allowed is seven (7) days or
less.
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SUBPART F—GUIDELINES FOR STATE HAZARDOUS WASTE PROGRAMS
250.70 Scope and purpose
250.71 Definitions
250.72 Authorization (3006b)
250.73 Interim Authorization (3006c)
250.74 Federal oversight of authorized programs
250.75 Application procedure
250.76 Withdrawal of authorization
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250.70 SCOPE AND PURPOSE
(a) Section 3006 of the Solid Waste Disposal Act, as amended by
the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6926),
requires the Administrator, after consultation with State authori-
ties, to promulgate guidelines to assist States in the development of
State hazardous waste programs.
(b) These guidelines describe the various provisions and capa-
bilities a State hazardous waste program must have in order to
qualify for authorization under section 3006(b) or section 3006(c),
which provide that the State, in lieu of the Federal EPA, may admin-
ister and enforce the hazardous waste management regulatory program
established pursuant to Subtitle C of the Act. The guidelines also
describe the substantive and procedural requirements for States
applying for authorization, EPA's oversight of the State's hazardous
waste program, and for the withdrawal of authorization pursuant to
section 3006(e).
(c) In addition, section 3009 of the Act prohibits States from
imposing any requirement which is "less stringent" than EPA's regu-
lations under sections 3001 through 30054 of the Act, a prohibition
which applies whether or not the State is authorized under section
3006.
250.71 DEFINITIONS
For the purposes of this part:
(a) The term "Administrator means the Administrator of the
Environmental Protection Agency.
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(b) The term "authorization" or "authorized" refers to a State
which has an approved hazardous waste program under section 3006(b)
or 3006(c) of the Act and §§ 250.72 and 250.73.
(c) The term "element" means a function of the State program
which EPA considers necessary for a State hazardous waste program to
be equivalent to that of EPA,
(d) The term "full authorization" refers to authorization of a
State program which has met the substantive and procedural require-
ments of section 3006(b) of the Act and § 250.72(a).
(e) The term "hazardous waste management" means the systematic
control of the collection, source separation, storage, transpor-
tation, processing, treatment, recovery, and disposal of hazardous
wastes.
(f) The term "interim authorization" refers to authorization by
EPA of a State program which has met the substantive and procedural
requirements of section 3006(c) of the Act and § 250.73.
(g) The term "oversight" refers to a continuing program of sur-
veillance and review carried out by EPA to insure that each authori-
zed State's hazardous waste management program remains in compliance
with the requirements for authorization stated.in this Part.
(h) The term "partial authorization" refers to authorization by
EPA of a State program to administer and enforce selected program
components of a fully authorized hazardous waste program while EPA
carries out the remaining parts. In all cases, the combination of
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the State and EPA hazardous waste program shall meet the substantive
and procedural requirements of section 3006(b) of the Act and
§ 250.72U).
(i) The term "withdrawal" refers to the termination of authori-
zation for a State hazardous waste program under section 3006(e) of
the Act and § 250.76.
(j) The term "State" means any of the several States, and the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Northern Mariana Islands.
250.72 AUTHORIZATION (3006b)
(a) Full authorization. This section describes the various
provisions to be met and capabilities to be demonstrated by States
seeking to apply to the Regional Administrator for full authori-
zation. The Regional Administrator shall apply the criteria identi-
fied in § 250.72(a)(l) through § 250.72(a)(3) in determining whether
the program of any State is "equivalent to" the Federal program,
"consistent with" the Federal program and with those applicable in
other States, and whether the State's program provides "adequate
enforcement of compliance," as required by section 3006(b) of the
Act. A negotiated Memorandum of Understanding, as described in
§ 250.74(a), is required for full authorization.
(1) Equivalency. The Regional Administrator shall measure the
"equivalency" of a State program to the Federal program by
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determining whether the State program encompasses all the following
elements, and by assessing the adequacy of each of the administration
and enforcement of a hazardous waste program: Legislative Authority;
Published Regulations; Permit Mechanism; Manifest System; Identifi-
cation of Resources; Interagency Delineation of Responsibilities (if
appropriate to the applicant State); and Public Participation.
(i) Legislative authority. (A) A State seeking full authori-
zation shall demonstrate legislative authority to provide the
following program components: regulations governing hazardous waste
generators, transporters and owners and operators of hazardous waste
treatment, storage and disposal facilities, including the keeping of
records and submittal of reports and the establishment of monitoring
practices; control of the treatment, storage and disposal of hazard-
ous waste through a permit system or its equivalent; a waste tracking
system (manifest system); the power to conduct inspections and take
samples; and the power to institute enforcement proceedings against
violators.
(B) The State legislative authority and regulatory program shall
be applicable both to those hazardous wastes stored, treated or dis-
posed of at the site of generation (so-called "on-site" management),
and to those hazardous wastes shipped elsewhere for storage, treat-
ment, or disposal.
(ii) Published regulations. The State may choose to publish its
own regulations with respect to hazardous waste management, adopt
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the regulations promulgated by EPA under sections 3001 through 3005
of RCRA unchanged, or adapt EPA's regulations to unique or unusual
circumstances of conditions within the State. Where a State has
existing regulations or proposes new regulations which are different
from those of EPA, the Regional Administrator shall evaluate the pub-
lished regulations of the State's agencies for their equivalency to
those of EPA. The State's regulation shall address the identifi-
cation of hazardous waste and shall contain standards applicable to
generators of hazardous waste, transporters of hazardous waste, and
the owners and operators of hazardous waste treatment, storage and
disposal facilities. State regulations may not impose any require-
ment which is "less stringent" than EPA's regulations under sections
3001 through 3005 of the Act.
(iii) Permit mechanism. A State seeking full authorization
shall provide for a permit system applicable to facilities which
treat, store, or dispose of hazardous wastes, which consists of an
administrative and legal framework together with resources sufficient
to: accept, process and review applications for permits; issue
permits (with appropriate special conditions); monitor renewals and
expirations of permits; monitor compliance with the terms and condi-
tions of permits; enforce compliance with the terms and conditions of
permits; and enforce against owners and operators who have not
acquired permits. The Regional Administrator shall evaluate the
systems of those applicant States where the term "permit," is
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not used in order to determine whether mechanisms such as "license,"
"letters of approval," "waste discharge requirements," or other
control devices, regardless of terminology, satisfy the intent of the
Act.
(iv) Manifest system. A State seeking full authorization shall
demonstrate the administrative capability to oversee the waste
transportation manifest system established under section 3002(5) of
the Act. Such capability shall include the management of manifests
involving both intrastate and interstate transportation of hazardous
wastes. States seeking full authorization under these Guidelines
shall agree to use the manifest format published by the Administrator
in the FEDERAL REGISTER pursuant to Section 3002 in administering and
enforcing their hazardous waste management programs, but may supple-
ment that format as appropriate to meet specific requirements or
needs.
(v) Identification of resources. The Regional Administrator
shall evaluate the resources proposed by an applicant State to be
applied to its hazardous waste management program in order to ascer-
tain that the State is able to administer and enforce the program
successfully. The Regional Administrator shall consider the
following factors in evaluating the adequacy of the State's proposed
resources: (A) A comparison with levels of resources known to have
been applied in other States of commensurate size, hazardous waste
generation and disposal frequency; and (b) the adequacy of those
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resources in relation to the level of success of those other State
programs. Consequently, State applications for full authorization
under Section 3006(b) shall clearly identify the personnel and the
monetary resources to be used to carry out each responsibility
necessary to conduct a comprehensive hazardous waste management
program.
(vi) Interagency delineation. A State seeking full authori-
zation in which more than one agency is involved in the adminis-
tration and enforcement of the State hazardous waste program shall
explicitly delineate the responsibilities of each such agency which
relate to hazardous waste management, and shall designate a "lead
agency," for the purposes of these Guidelines, to facilitate communi-
cations between EPA and the agencies responsible for the State pro-
gram, and to receive such grant funds as may be made available under
section 3011 of the Act. This "lead agency" may be the same agency
designated under 40 CFR Part 255, "Identification of Regions and
Agencies for Solid Waste Management (interim Guidelines)." The "lead
agency" should provide for coordination with the State agency respon-
sible for the regulation of injection wells under the Underground
Injection Control (UIC) program administered under Part C of the Safe
Drinking Water Act of 1974 (P.L. 93-532, 42 U.S.C. 300f, et seq.)
unless the agency responsible for the UIC program is the same as the
"lead agency" described above.
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(vii) Public participation. A State seeking full authorization
shall submit a public participation plan as part of the application
which complies with the guidelines EPA has promulgated pursuant to
section 7004(b) of the Act (40 CFR Part 249).
(2) Consistency. A State seeking full authorization shall
demonstrate the "consistency" of its program with the Federal program
or State programs applicable in other States in order for the State
program to be authorized. Such States shall satisfy the requirements
of both the free movement of hazardous wastes across State boundaries
and the degree to which State standards may vary from those of EPA or
of other States, except that States which violate these requirements
on the date of promulgation of these guidelines may request a tempor-
ary suspension of this requirement. The Regional Administrator may
grant a temporary suspension of this requirement for a period not to
exceed July 1, 1978, upon a showing that the State is working towards
elimination of this violation. For purposes of this subpart, the
phrase "* * * State programs applicable in other States * * *" refers
only to those programs which have received full authorization under
section 3006(b) of the Act.
(i) Free movement of hazardous wastes. (A) Any State program
which includes a ban on the importation of hazardous wastes from
other States which are destined for treatment, storage, or disposal
facilities having hazardous waste permits under the State program
will be deemed inconsistent for the purposes of section 3006(b).
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Therefore, the Regional Administrator shall not grant full authori-
zation to a State program including such a ban.
(B) Any State program which applies one standard to hazardous
wastes originating within its borders, and a different standard to
hazardous wastes originating elsewhere, will be deemed inconsistent
with the Federal program and with those programs applicable in other
States. Therefore, the Regional Administrator shall not grant full
authorization to such a State program.
(ii) Dissimilar standards. Where the proposed State program
includes standards which are significantly different from the Federal
standards, the Regional Administrator shall determine whether such
State standards substantially impede the movement of hazardous wastes
into or out of the State; and whether such State standards protect
public health and the environment to substantially the same degree as
do the Federal standards. If the Regional Administrator determines
that such State standards do substantially impede the movement of
hazardous wastes into or out of the State, then the State program is
inconsistent for the purposes of section 3006(b), unless such
standards protect public health and the environment to substantially
the same degree as do the Federal standards. If the Regional
Administrator does not authorize a State program due to this
determination of inconsistency, the State may continue to operate its
hazardous waste program in parallel with the Federal program.
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(3) Adequacy of enforcement. A State seeking full authori-
zation shall demonstrate that the enforcement provisions of the pro-
posed State program are adequate, and that the State is able to
administer and enforce its program successfully. The Regional Admin-
istrator shall consider the proposed State enforcement procedures,
practices, and penalties, comparing them with those contained in the
Act, and with those implemented by the Environmental Protection
Agency for the Federal program in evaluating the adequacy of the
State's proposed enforcement program. The Regional Administrator
should employ the following criteria in regard to penalty assessment
in evaluating the adequacy of enforcement of a State Program that
legislation exists authorizing civil and criminal penalties with a
deterrent value adequate to handle almost all enforcement actions and
that the legislation provides that such penalties be sought in appro-
priate circumstances.
(b) Partial authorization. The Regional Administrator may
authorize a State to administer and enforce selected components of a
hazardous waste regulatory program as described in § 250.72(a)(1)(i)
while retaining responsibiltity for such part or parts for which
State legislative authority is absent. A negotiated Memorandum of
Understanding as described in § 250.74(a) is required for partial
authorization.
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(1) Application. States may apply for partial authorization
only if State legislative authority does not exist for certain pro-
gram components. Partial authorization of the hazardous waste pro-
gram may only be granted if such components meet the three criteria
of equivalency, consistency, and enforceability. In all cases, the
combination of the State and EPA hazardous waste program shall meet
the substantive and procedural requirements of a full hazardous waste
program described in 250.72(a).
(2) Duration. Partial authorization shall be effective for a
fixed duration, agreed upon mutually by the State and the Regional
Administrator and not to exceed 5 years, and shall apply to complete
and discrete components of the program from among those identified in
§ 250.72(a)(l)(i) of these Guidelines. At the end of the fixed
period, the Regional Administrator shall determine whether to renew
the partial authorization on the basis of a continued lack of State
legislative authority; a good faith effort by the State to procure
needed legislation; and a determination by the Regional Administrator
that the program can be carried out more effectively by the EPA-State
partnership than by EPA alone.
250.73 INTERIM AUTHORIZATION (3006c)
Any State which has in existence a hazardous waste program
pursuant to State law prior to July 20, 1978, may request interim
authorization to carry out a hazardous waste management program which
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will be granted if such program is "substantially equivalent" to the
Federal program. A negotiated Memorandum of Understanding as des-
cribed in § 250.74(a) is required for interim authorization. The
phrase "* * *in existence" requires that States seeking interim
authorization have the legislative authority, effective as of July
20, 1978, to conduct their hazardous waste programs as described in
§ 250.73(b)(2) of these Guidelines.
(a) Duration. Interim authorization is only effective for the
period from October 21, 1978, through October 21, 1980.
(b) Substantial equivalency. A State seeking interim authori-
zation shall submit copies of the relevant legislation to the
Regional Administrator together with evidence to demonstrate that the
State is willing and able to conduct a successful hazardous waste
program, which, at a minimum, complies with § 250.73 (b)(l) through
(1) Authorization plan. A State seeking interim authorization
shall submit an "authorization plan" as part of its application. The
authorization plan shall describe the additions or modifications
necessary to qualify the State program for full authorization under
Section 3006(b) by October 21, 1980, together with the schedule which
the State proposes to achieve those additions or modifications.
Failure to meet the schedule may be cause for withdrawal of interim
authorization.
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(2) Legislative authority. A State seeking interim authori-
zation shall demonstrate legislative authority to control at least
either on-site or off-site hazardous waste disposal facilities,
including the authority to conduct inspections and institute enforce-
ment proceedings. Legislative authority to control hazardous waste
treatment or storage facilities is not required for interim authori-
zation. The State Authorization Plan shall describe any changes
which will be sought in State legislation in order to prepare the
state for full authorization as described in § 250.72(a)(1)(i).
(3) Identification of resources. A State seeking interim
authorization shall identify and commit adequate resources to carry
out the minimal program described in § 250.73 (b)(4) and (b)(5).
Evaluation of the resources proposed by the State will be at the
discretion of the Regional Administrator. A level of resources which
is necessary for the purposes of full authorization will not neces-
sarily be required for interim authorization. The State Authori-
zation Plan shall identify the resource levels which will be applied
to hazardous waste management at both the beginning and end of the
interim authorization period.
(4) Permit mechanism. A State seeking interim authorization
shall demonstrate at a minimum the institutional and administrative
capability to issue permits, licenses, letters of approval, or other
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control devices to those facilities for which State legislative
authority exists. The State Authorization Plan shall describe any
changes in the permit system which will be made during the 24-month
period for which the interim authorization is effective, to enable
the State to become eligible for full authorization.
(5) Surveillance and enforcement. (i) A State seeking interim
authorization shall demonstrate a surveillance and enforcement pro-
gram sufficient to carry out a minimal program as described in
§ 250.73(b)(5). Evaluation of the surveillance and enforcement pro-
gram will be at the discretion of the Regional Administrator.
(ii) A surveillance and enforcement effort which is insuffi-
cient for full authorization may be sufficient for interim authori-
zation. Where the State proposal provides for a surveillance and
enforcement program which does not satisfy the requirements for full
authorization, the State Authorization Plan must describe the acti-
vities, including those criteria described in § 250.72(a)(3)
regarding penalty assessment, through which the State expects to
become eligible for full authorization during the twenty-four month
period for which the interim authorization is effective.
250.74 FEDERAL OVERSIGHT OF AUTHORIZED PROGRAMS
After all other requirements have been satisfied and before
receiving authorization under Section 3006(b) or Section 3006(c) of
the Act, the State shall agree with the Regional Administrator on an
oversight procedure which will allow EPA to monitor the State's
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hazardous waste program to ascertain that the program is being
administered and enforced successfully in accordance with the Act.
The oversight procedures shall become part of the Memorandum of
Understanding required under § 250.74(a) of these Guidelines.
(a) Memorandum of Understanding. In order to receive authori-
zation under Section 3006(b) or Section 3006(c) of the Act, a
Memorandum of Understanding shall be negotiated between the State and
the Regional Administrator. The Memorandum of Understanding shall
describe in detail the oversight procedures to which the State and
the Regional Administrator have agreed, and may include such other
terms, conditions, or agreements as are relevant to the adminis-
tration and enforcement of the State's hazardous waste regulatory
program. At a minimum, the Memorandum of Understanding shall include
the items described in § 250.74(a)(l)-(a)(4).
(1) Program evaluation. The State shall allow EPA to review
such State records, reports, or files as are relevant to the adminis-
tration and enforcement of the State hazardous waste regulatory pro-
gram no less than once in each fiscal year for which the State has
received authorization under Section 3006(b) or 3006(c) of the Act.
The program review may be scheduled so as to coincide with the annual
grant mid-year review.
(2) Review of permit applications. The Memorandum of Under-
standing shall specify the basis on which the Regional Administrator
may select permit applications of the State for review. The
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Regional Administrator may review and comment to the State on up to
ten (10) percent of the permit applications received by the State in
each fiscal year for which the State has received authorization under
Section 3006(b) or Section 3006(c) of the Act; the Regional
Administrator and the State may agree to a lower percentage limita-
tion where the Regional Administrator believes such an agreement to
be useful.
(3) Inspections. The Memorandum of Understanding shall specify
the basis on which the Regional Administrator may select facilities
within the State where hazardous waste is generated, transported,
stored, treated, or disposed for Federal inspection. The Regional
Administrator or his designee may conduct inspections of up to ten
(10) percent of the generators, transporters, treaters, stopers, and
disposers in a State in each fiscal year for which the State has
received authorization under Section 3006(b) or Section 3006(c) of
the Act. The Regional Administrator and the State may agree to a
lower percentage limitation where the Regional Administrator believes
such an agreement to be useful. Except in the case of an imminent
hazard within the meaning of Section 7003 of the Act, the Regional
Administrator shall notify the State at leajst seven (7) calendar days
before each such inspection and allow the State the opportunity to
make the initial contact with the facility or site owners or opera-
tors. EPA shall give the State the opportunity to lead any inspec-
tion or visit conducted by EPA pursuant to this Subpart.
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(4) Reports. The Memorandum of Understanding shall specify the
frequency and content of such reports as are required to be submitted
by the State to EPA, but in no event shall the frequency of such
reports be less than once in each quarter of any fiscal year for
which the State has received authorization under Section 3006(b) or
Section 3006(c) of the Act. The content of such reports shall be
specifified in the Memorandum of Understanding and may be combined
with grant reports where applicable.
(b) Change in oversight requirements. The oversight mechanism
outlined above and agreed upon by a State and Region shall be binding
on both parties except when the Regional Administrator has reason to
believe that the State program is not in compliance with requirements
of § 250.72(a) and (b) or § 250.73 and all Subparts thereunder. In
such a case, and after notice to the State, the Regional Adminis-
trator may institute such oversight procedures as he deems necessary
to investigate the situation and, where warranted, to insure a return
to compliance.
250.75 APPLICATION PROCEDURE
The State application shall include a narrative description of
the State hazardous waste regulatory program. The State application
shall provide information sufficient for the Regional Administrator
to make a determination on the adequacy of the State's program. At a
minimum, the following information shall be submitted: Application
describing hazardous waste program as it relates to guidelines (full,
partial, and interim authorization); authorization plan describing
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deficiencies and planned milestones to achieve full authorization
(interim authorization).
(a) Public hearing. After preparation of the draft appli-
cation, the State shall give notice to all interested parties of the
State's intention to seek authorization. Public notice shall be such
that all interested parties will be given reasonable opportunity to
comment on the draft application. Copies of the draft application
shall be made available to the public for comment. Upon request, the
State shall hold a public hearing to discuss the State's application
to conduct the hazardous waste program. All interested parties will
be given reasonable opportunity to present written or oral testimony
on the State's application at the public hearing.
(b) Submission of application to EPA. After consideration of
comments received from the public notice and public hearing, the
State shall prepare a completed application, signed by the appro-
priate State official in charge of the designated lead agency, for
submission to the Regional Administrator. (Three (3) copies of the
final application shall be submitted.)
(c) Notice and determination of findings. Within 90 days
following submission of a completed application for program authori-
zation, the Regional Administrator shall issue a notice as to whether
or not he expects such program to be authorized. Within 90 days
following such notice and after opportunity for public hearing, the
Regional Administrator shall publish his findings as to whether
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or not the State will be given authorization to operate the hazardous
waste regulatory program. Public notice of the hearing, if held,
will be such that all interested parties will be given reasonable
opportunity to present written and oral testimony on the State's
application at the public hearing.
250.76 WITHDRAW! OF AUTHORIZATION
Section 3006(e) of the Act requires the Administrator to with-
draw authorization of such State program and establish a Federal pro-
gram where the Administrator determines, after holding a public
hearing, that the State program is not in compliance with the
requirements of § 250.72(a) and (b) or § 250.73. A regional Adminis-
trator having reason to believe that a State is not administering or
enforcing an authorized program in accordance with the Act, shall
follow the procedure described in § 250.76(a) through (d).
(a) Notice to State of public hearing. A regional Adminis-
trator having reason to believe that a State is not administering or
enforcing its authorized program in compliance with the requirements
of Section 3006 and this Subpart, shall inform the State by regis-
tered mail of the specific areas of alleged noncompliance, and that
public hearing will be held to discuss withdrawal of the State's
program as required under Section 3006(e) of the Act. If the State
demonstrates to the Regional Administrator within 30 days of such
notification that the State program is in compliance, the Regional
Administrator shall take no further action toward withdrawal.
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(b) Public hearing. Where the Regional Administrator still has
reason to believe that the State is not in compliance 30 days after
notification, a public hearing shall be scheduled not less than 60
days or more than 75 days following the initial notification date.
All interested parties shall be given opportunity to present written
and oral testimony on the withdrawal of the State's program at the
public hearing.
(c) Notice to State of findings. Where the Regional Adminis-
trator determines the State program to be in compliance as a result
of written or oral testimony presented at such public hearing, he
shall take no further action toward withdrawal. Where he finds the
State not to be in compliance, he shall notify the State by regis-
tered mail of specific deficiencies in the State program and of
necessary remedial activities. Within 90 days of receipt of the
above letter, the State shall either carry out the required remedial
actions or the Regional Administrator shall withdraw authorization.
If the State carries out the remedial actions, the Regional Adminis-
trator shall take no further action toward withdrawal.
(d) Transfer plan. Whenever any State chooses to relinquish
authorization under Section 3006(b) or Section 3006(c), or whenever
any State is required to relinquish such authorization through the
withdrawal procedures under this Part, the State shall submit to EPA
a plan for the orderly transfer of all information to EPA. Such plan
shall be submitted not less than 30 days before the date such trans-
fer is to be effected.
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SUBPART G - PRELIMINARY NOTIFICATION OF HAZARDOUS
WASTE ACTIVITIES
250.800 Scope and purpose.
250.801 Definitions.
250.810 Limited interim authorization.
250.811 Application procedures for States.
250.812 Responsibilities and authority of the EPA Regional
Administrator.
250.820 Who must file notification.
250.821 When to file notification.
250.822 Where to file notification.
250.823 Information required in notification.
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250.800 SCOPE AND PURPOSE
(a) Section 3010 of the Solid Waste Disposal Act, as amended by
the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6930),
requires that any person generating or transporting, or owning or
operating a facility for treatment, storage, or disposal of hazardous
waste, must notify the Administrator or authorized State not later
than 90 days after promulgation or revision of regulations under sec-
tion 3001.
(b) These rules specify in more detail who must file notifica-
tion of hazardous waste activity, when and where notification must be
filed, and what such notification must contain.
(c) In addition, these rules establish the means by which State
governments that are developing and/or implementing hazardous waste
management programs may receive notification from affected persons
within their jurisdictions.
250,801 DEFINITIONS
For the purpose of this part:
(a) The term "disposal of hazardous waste" means the discharge,
deposit, injection, dumping, spilling, leaking, or placing of any
hazardous waste into or on any land or water so that such waste or
any constituent thereof may enter the environment or be emitted into
the air or discharged into any waters, including ground waters.
(b) The term "hazardous waste" means any solid waste defined as
hazardous under subpart A of this part.
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(c) The term "hazardous waste activity" means the handling of
hazardous waste via the generation, transportation, treatment, stor-
age, or disposal of any hazardous waste.
(d) The term "hazardous waste generation" means the act or pro-
cess of producing a hazardous waste.
(e) The term "limited interim authorization" means the authori-
zation given to a State agency by the appropriate EPA Regional Admin-
istrator to receive notifications of hazardous waste activities under
section 3010 during the 180 days following the promulgation of regu-
lations under section 3001. Such authorization has no effect on
whether the State receives interim or full authorization under sec-
tion 3006.
(f) The term "onsite" means on the same or geographically con-
tiguous property. Two or more pieces of property which are geograph-
ically contiguous and are divided by public or private right(s)-of-
way are considered a single site.
(g) The term "person" means an individual, trust, firm, joint
stock company, corporation (including a government corporation),
partnership, association, State, municipality, commission, political
subdivision of a State, any interstate body, or Federal agency.
(h) The term "place of operation" means a manufacturing, pro-
cessing, or assembly establishment; a transportation terminal; or a
treatment, storage, or disposal facility operated by a person at a
single site.
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(i) The term "responsible individual" means an individual au-
thorized to sign official documents for and act on behalf of a com-
pany or organization.
(j) The term "solid waste" means any garbage, refuse, sludge
from a waste treatment plant, water supply treatment plant, or air
pollution control facility and other discarded material, including
solid, liquid, semisolid, or contained gaseous material resulting
from industrial, commercial, mining, or agricultural operations and
from community activities, but does not include solid or dissolved
material in domestic sewage or solid or dissolved materials in irri-
gation return flows or industrial discharges which are point sources
subject to permits under section 402 of the Federal Water Pollution
Control Act, as amended (86 Stat. 880), or source, special nuclear,
or byproduct materials as defined by the Atomic Energy Act of 1954,
as amended (68 Stat. 923).
(k) The term "State" means any of the several States, the Dis-
trict of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
(1) The term "storage of hazardous waste" means containment,
either on a temporary basis or for a period of years, in such a man-
ner as not to constitute disposal of such hazardous waste.
(m) The term "terminal" means the location of transportation
facilities such as classification yards, docks, airports, management
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offices, storage sheds, and freight and passenger stations, where
hazardous waste which is being transported may be loaded, unloaded,
transferred, or temporarily stored.
(n) The term "treatment of hazardous waste" means any method,
technique, or process, including neutralization, designed to change
the physical, chemical, or biological character or composition of any
hazardous waste so as to neutralize the waste or so as to render such
waste nonhazardous, safer for transport, amenable for recovery, amen-
able for storage, or reduced in volume.
250.810 LIMITED INTERIM AUTHORIZATION
(a) Upon application by a State, an EPA Regional Administrator
may grant a State within that region the following authority:
(1) To receive notifications of hazardous waste activity from
persons seeking to comply with section 3010 requirements.
(2) To conduct programs supplementary to EPA programs to pro-
mote compliance with section 3010 requirements.
(b) Under limited interim authorization, the EPA reserves at
least the following authority:
(1) To promulgate regulations pursuant to section 3010.
(2) To enforce preliminary notification regulations.
(c) Under limited interim authorization, States shall not grant
exemptions regarding who must file notifications, when notification
must be filed, or what information this notification must contain.
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(d) A State may receive limited interim authorization only
once. All such authorizations end on the date six months after
regulations are first promulgated under section 3001 of the act.
250.811 APPLICATION PROCEDURES FOR STATES
(a) States seeking limited interim authorization for section
3010 must make a written application to the appropriate EPA Regional
Administrator containing the following items:
(1) A statement of the State's intent to apply for interim or
full authorization under section 3006 before or during the 90-day
period following the promulgation of the section 3001 regulations.
(2) A plan for implementation by the State, in coordination
with the EPA Region, of section 3010 requirements, including plans
for informing affected persons of the notification requirements, for
furnishing to the EPA names and addresses of persons whom the State
reasonably believes have failed to comply with notification regula-
tions and for analyses of the data received from affected persons.
(3) A statement of agreement to maintain files and any informa-
tion received from notification for 3 years after receipt of notifi-
cation, and to make available any such notification information to
the EPA in accordance with requests from the SPA Regional Adminis-
trator.
(4) A plan of implementation by the State, in coordination with
the EPA Region, for providing notice to the public and to those pros-
pective permittees identified in the notification process of the
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facility permit requirements and of the availability of the facility
permit applications forms. The plan shall include provisions for the
State's receipt and processing of all permit applications submitted.
(b) States seeking limited interim authorization must file the
above written applications not later than sixty (60) calendar days
after promulgation of these notification regulations.
250.812 RESPONSIBILITIES AND AUTHORITY OF THE EPA
REGIONAL ADMINISTRATOR
(a) The EPA Regional Administrator shall have the authority to
grant or withhold limited interim authorization.
(b) The EPA Regional Administrator shall consider each State
application for limited interim authorization. If an application
does not meet all requirements of 250.811(a) (1) and (3), the Re-
gional Administrator shall not grant limited interim authorization.
If the Regional Administrator is not satisfied that the State-pro-
posed plans in 250.811(a) (2) and (4) are adequate for implementa-
tion of section 3010, he/she shall withhold limited interim authori-
zation.
(c) If the Regional Administrator determines that a State ap-
plication is unsatisfactory, he/she shall inform that State in writ-
ing of the reasons within 15 working days of receipt of the applica-
tion. The Regional Administrator may then allow that State to submit
another application within 15 working days for EPA consideration.
(d) If the Regional Administrator finds a State application
acceptable, he/she shall execute an agreement with that State, signed
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by the Regional Administrator and an official of the responsible
State agency, granting limited interim authorization to implement
section 3010 requirements. All such agreements shall be effective no
later than 120 calendar days after promulgation of these preliminary
notification regulations and shall terminate on the effective date of
the section 3001 regulations (6 months after promulgation).
250.820 WHO MUST FILE NOTIFICATION
(a) Every person conducting a hazardous waste activity at the
time of promulgation or revision of section 3001 regulations must
file notification in accordance with these regulations. This notifi-
cation constitutes one of the conditions for interim status for all
persons who treat, store, and dispose of hazardous waste. Owners of
inactive hazardous waste treatment, storage, and disposal facilities
are not required to notify. Those persons who must both notify and
either seek a generator or a transporter identification code or apply
for a new or a revised facility permit pursuant to revision of sec-
tion 3001 regulations may accomplish notification with either the
submission of the information required for the respective identifica-
tion code, or with the submission of the application for a new or a
revised facility permit, provided such information is submitted with-
in the first 90 days after promulgation of the revised section 3001
regulations. Further definition of what is a hazardous waste, who is
a generator; who is a transporter; and who is an owner or operator of
a treatment, storage or disposal facility is given in regulations
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promulgated under sections 3001, 3002, 3003, 3004, and 3005 of the
act.
(b) Special cases. - (1) Corporations. A responsible individ-
ual of the corporation shall file notification.
(i) A group of establishments, plants, transportation termi-
nals, etc., located at a single site under the ownership or opera-
tion of one person may file a single notification.
(ii) A person owning and operating more than one place of oper-
ation may file a single notification for all facilities provided:
(A) All required information is clearly stated separately for
each place of operation, and
(B) Copies of the pertinent information in this single notifi-
cation are sent to each EPA Regional Office (or authorized State)
having jurisdiction over the area in which the places of operation
are located.
(2) Highway transporters. A responsible individual shall file
notification for each terminal the transporter owns and utilizes for
vehicles transporting hazardous wastes.
(3) Railroad or pipeline companies. A responsible individual
*
may file a single notification for the entire rail line or pipeline,
provided that copies of this notification are sent to each EPA Re-
gional Office (or authorized State) having jurisdiction over the area
in which the railroad or pipeline is located.
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(4) Federal agencies conducting hazardous waste activities must
comply with all notification requirements in the same manner as other
persons.
(5) Federal on-scene coordinators, when acting in their offi-
cial capacity under the provisions of section 311 of the Federal
Water Pollution Control Act, and the national oil and hazardous sub-
stance pollution contingency plan, are not included under the re-
quirements of these regulations.
(6) These regulations do not apply to persons who transport
hazardous materials which have been spilled.
250.821 WHEN TO FILE NOTIFICATION
(a) Persons conducting hazardous waste activities at the time
of promulgation or revision of Section 3001 regulations ("hazardous
waste identification and listing") must file notifications not later
than ninety (90) days after promulgation or revision of section 3001
regulations.
(b) Any person conducting hazardous waste activities at the
time of promulgation or revision of section 3001 regulations who does
not file notification of such activity within 90 days of the date of
c
this promulgation or revision is in violation of these notification
regulations and may be subject to the penalties described under sec-
tion 3008 of the act. No hazardous waste may be legally transported,
treated, stored, or disposed unless notification has been made. It
should be noted that late notification is a violation of section 3010
and subjects such person to possible enforcement action.
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250.822 WHERE TO FILE NOTIFICATION
(a) Persons must file notifications with the appropriate EPA
Regional Administrator or State which has been granted limited inter-
im authorization. Copies of the pertinent notification information
shall be sent to each EPA Regional Administrator or designated State
agency in which the person's places of operation are located.
(b) Persons owning or operating several places of operation
should refer to 250.820(b).
(c) A list of names and addresses of all State agencies granted
the limited interim authorization to receive notifications will be
published in the Federal Register before or at the time of promulga-
tion of section 3001 regulations.
250.823 INFORMATION REQUIRED IN NOTIFICATION
(a) If a person fully and accurately completes and returns the
form presented in these regulations (see Table I) for each place of
operation, the person will have complied with the requirements of
250.823 of these regulations. Persons utilizing this form may submit
additional information or documents as a part of the notification
submission.
(b) If a person chooses not to use the form, that person must
file a written notification stating clearly and legibly the following
information (for each place of operation):
(1) The name of the organization and place of operation.
(2) The mailing address and location of the place of operation.
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(3) The principal activity of the place of operation, either by
four-digit standard industrial classification (SIC) code or by other
description (e.g., inorganic chemical manufacturing, petroleum refin-
ing, etc.).
(4) An identification number for the place of operation.
(i) If a person has an Internal Revenue Service employer iden-
tification number (BIN), this number shall be provided.
(ii) A person who operates more than one place of operation
with the same EIN for all shall designate a separate suffix to the
EIN to distinguish each place of operation (e.g., (EIN No.)-2, (EIN
No.)-3).
(iii) Federal facilities shall provide the General Services
Administration agency and facility number.
(iv) Transporters shall provide their Interstate Commerce Com-
mission number; however, if a transporter does not have such a num-
ber, he/she shall provide his/her Public Utilities Commission number,
or other permit number (as assigned by State Health Department,
etc.).
(v) All notifiers shall state the specific sources (IRS, ICC,
etc.) of the identification number.
(vi) If a person does not have an already assigned identifica-
tion number, this fact shall be stated. An identification number
will then be assigned by EPA (or the designated State agency).
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(5) The name, telephone number, and address of a responsible
individual at the place of operation who could be contacted for clar-
ification of information submitted in the notification.
(6) The following statement, with signature, name, title, and
date: "I hereby certify that the information provided herein is com-
plete and correct to the best of my knowledge. I understand that all
information in this notification may be made available to the public,
unless otherwise noted, according to 250.823(b) (10). I am author-
ized to sign official documents for my organization."
(7) The type(s) of hazardous waste activity conducted by the
person, i.e., generation, transportation, treatment, storage, or dis-
posal of hazardous waste. Treatment, storage, or disposal activities
conducted at the site of waste generation shall be indicated as "on-
site treatment," etc. Persons who transport hazardous waste shall
indicate the mode (air, rail, highway, water, etc.) of transporta-
tion.
(8) The types of hazardous waste handled by the person, as
identified by criteria under section 3001 regulations. All wastes
which are ignitable, reactive, infectious, radioactive, or corrosive
must be described as such. However, persons who cannot in the 90-day
period allowed definitively determine whether their wastes are toxic
may so indicate. If, after the 90-day period, it is determined that
a waste is non-toxic, a statement to this effect must be filed no
later than 180 days after promulgation of section 3001 regulations.
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Otherwise, the person will be considered for notification purposes,
to be conducting hazardous waste activities. If, at some future
date, a person determines that his waste is not hazardous according
to section 3001 regulations or if he ceases to handle hazardous
waste, he may file a statement to this effect, and he will no longer
be considered to be conducting hazardous waste activities under this
section.
(9) A description of the hazardous waste handled as identified
by listing under the section 3001 regulations or by the general type
specified in said regulation and specific contents (where known)
using the best available information (e.g., "wastewater treatment
sludge containing lead compounds").
(10) A statement indicating what information, if any, in
250.823(b), numbers (8), (9), and (11) (types, description, and quan-
tities of hazardous waste), is to be considered confidential business
information. If the information is claimed as confidential, it will
be treated in accordance with the confidentiality of business infor-
mation regulations in 40 CFR Part 2, Subpart B. When reported on the
sample form, information that is not claimed by the person filing
notification as confidential may be released to the public without
further notice to the person who submitted it. The EPA or the desig-
nated State agency will make the final determination as to whether
information submitted is in fact confidential.
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(11) Optional: An estimate of the annual amount of hazardous
waste handled based on the period from January 1, 1977, to December
31, 1977. For persons not conducting hazardous waste activities dur-
ing any or all of that period, the annual volume should be estimated
in the best practical manner.
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APPENDIX C
CHARACTERIZATION OF POTENTIALLY HAZARDOUS
WASTES GENERATED BY SELECTED
MANUFACTURING INDUSTRIES
This appendix presents a characterization of potentially hazard-
ous waste streams and waste stream constituents generated by manufac-
turing processes. Thirteen manufacturing industries which were the
subject of a series of EPA contractor studies on industrial hazardous
waste practices (Industry Studies, 1975-1978) are used as the basis
for this hazardous waste characterization. The industries included
in the characterization are as follows:
• Textiles;
• Inorganic chemicals;
• Pharmaceuticals;
• Paint and allied products and contract solvent reclaiming;
• Organic chemicals, pesticides, and explosives;
• Petroleum refining;
• Petroleum re-refining;
• Leather tanning and finishing;
• Metal smelting and refining;
• Electroplating and metal finishing;
• Special machinery manufacturing;
• Electronic components manufacturing;
• Storage and primary batteries.
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It should be noted that the characterization of potentially
hazardous wastes from each of the selected industries is based upon
information reported in the Industry Studies and is only meant to
provide an understanding of the various types of potentially haz-
ardous waste streams and waste stream constituents generated by dif-
ferent manufacturing processes; the characterization is not meant to
be an all-inclusive delineation of every potentially hazardous waste
stream generated by each industry. Furthermore, it is not meant to be
implied that all waste streams and waste stream components identified
as being potentially hazardous would necessarily be considered hazard-
ous under the Subtitle C regulations. The definition of what consti-
tutes a potentially hazardous waste, as used in each Industry Study,
was developed by each individual EPA contractor and varied from one
Industry Study to another.
It should also be noted that the Industry Studies considered only
land destined wastes (including wastes sent to incineration). Wastes
which might be potentially hazardous but which are sent to reclaimers,
discharged in wastewater effluents, or disposed by other means were
*
not considered in the studies. Furthermore, the studies identified
waste streams as hazardous only if they contained at least one spe-
cific component at potentially hazardous levels. Due to data limita-
tions, waste streams which contained no one substance at potentially
hazardous levels, but which could still be hazardous based upon the
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overall toxicity of the entire waste stream or based upon character-
istics other than toxicity, were generally not identified as poten-
tially hazardous. The major emphasis of the various studies was
placed on identifying wastes containing heavy metals and selected
organic compounds; there was much less emphasis on other properties
of potentially hazardous wastes. For a detailed discussion of the
wastes from each industry and the characteristics used to identify
potentially hazardous wastes from each industry, see the individual
Industry Studies referenced in each of the following sections.
C.I Textile Industry
The hazardous waste characterization of the textile industry
(SIC Code 22) is based upon information reported by Versar, Inc.
(1976). According to that report, potentially hazardous wastes from
the textile industry can be grouped into the following five catego-
ries :
• Wastewater treatment sludge;
• Dye containers;
• Chemical containers;
• Solvent and still bottom wastes;
• Fiber wet with dye and dye-assist chemicals.
Wastewater treatment sludges from the textile industry contain
such potentially hazardous constituents as heavy metals, residual and
adsorbed dyestuffs, and chlorinated organics. The bulk of the heavy
metals which end up in the wastewater treatment sludges are washed or
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rinsed from fabric by such operations as scouring of incoming greige
goods, cloth dyeing, and application of various finishes. Heavy
metals are contained in dyes; catalysts used for the application of
wash-and-wear, durable press, and water repellent finishes; compounds
used to improve washfastness or lightfastness in certain fabrics;
flame retardant finishes; and input fabrics and fibers from applica-
tion of pesticides or other chemicals. Selected heavy metals identi-
fied in wastewater treatment sludges from various industry components
include: arsenic, barium, cadmium, chromium, cobalt, copper, lead,
mercury, nickel, and zinc.
Several studies have shown that various dyes which end up in
wastewater treatment sludges may be potentially hazardous. Residual
and adsorbed dyestuffs, in addition to containing heavy metals, also
contain other potentially hazardous constituents such as organic dye
carriers. Dye carriers include compounds such as biphenyl, ortho-
phenyl phenol, butyl benzoate, methyl salicylate, trichlorobenzene,
and perchloroethylene.
Residual organics other than dyes may also be a potentially
hazardous component of textile sludges. While there are a great many
organic compounds used in the textile industry, the Versar, Inc. study
did not attempt to identify specific organic compounds, except total
chlorinated organics, present in textile sludges. The total chlorin-
ated organics present ranged from 0.11 to 64.7 ppm.
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Discarded dye containers and chemical containers containing
residual dyestuffs and chemicals are a second source of potentially
hazardous wastes. Residual dyestuffs may contain previously discussed
hazardous constituents. Residual chemicals other than dyes may
include such constituents as dichromate salts (oxidizing agents);
sodium hydrosulfite (reducing and stripping agent); zinc nitrate and
magnesium chloride (catalysts); polyvinyl chloride, tetrakis (hydroxy-
methyl) phosphonium chloride, chlorinated paraffins, and organic phos-
phorus compounds (flame retardants); silicofluoride compounds, sodium
pentachlorophenate and phenylsulfonic acid derivatives (mothproofing
agents); and urea-formaldehyde, dihydroxy-dichlorodiphenylmethane,
mixture of zinc salts of dimethyldithiocarbamic acid, 2-mercaptobenzo-
thiazole, and copper naphthalene (tnildewicides).
Solvent wastes and still bottoms are isolated and atypical
instances of potentially hazardous wastes generated by the textile
industry. These wastes generally result from specialized processes
that are not common throughout the industry. Some of the solvents
used include acetone, butyl carbitol, butyl cellosolve, dioxane,
methanol, naphtha, and trichloroethane.
Yarn and fiber wet with non-fixed dye and dye-assist chemicals
are another instance of isolated and atypical potentially hazardous
wastes. The dye and dye-assist chemicals include those constituents
previously discussed.
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C.2 Inorganic Chemicals Industry
The hazardous waste characterization for the inorganic chemicals
industry (SIC Code 281) is based upon information reported by Versar,
Inc. (1975). According to that report, potentially hazardous process
wastes are generated by the following three subcategories of the
inorganic chemicals industry:
• Alkalies and chlorine production (SIC 2812), (e.g., chlorine,
sodium and potassium hydroxides, synthetic soda ash);
• Inorganic pigments production (SIC 2816), (e.g., titanium
dioxide pigments, chrome pigments, iron blue);
• Industrial inorganic chemicals not elsewhere classified (SIC
2819), (e.g., sulfuric acid, hydrofluoric acid, alum, sodium
sulfide, phosphorus).
Alkalies and chlorine production generates four major types of
potentially hazardous process wastes. Mercury contaminated brine
purification muds, brine treatment sludges, and solid wastes are
generated by the mercury cell process for the production of chlorine
and alkalies. Asbestos and lead contaminated wastewater treatment
sludges and solid wastes result from the diaphragm cell process for
the production of chlorine and alkalies. Chlorinated hydrocarbon
wastes are produced by diaphragm cell processes. Explosively reactive
or flammable metallic sodium and calcium sludges result from the
Down's cell process for producing chlorine and sodium.
Inorganic pigments production generates process wastes contain-
ing potentially hazardous levels of heavy metals. Production of tita-
nium dioxide pigments may result in wastewater treatment sludges and
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slurries containing chromium, vanadium, niobium, and zirconium com-
pounds. Production of white opaque pigments may generate wastewater
treatment sludges containing lead and arsenic compounds; furnace slags
and dusts containing zinc; and solid wastes containing lead, cadmium,
and antimony compounds and salts. Production of chrome colors and
other inorganic pigments may result in wastewater treatment sludges
and solid wastes containing cadmium, chromium, cyanide, lead, mercury,
and zinc compounds.
Production of industrial inorganic chemicals (not elsewhere clas-
sified) generates potentially hazardous wastes containing such con-
stituents as cadmium, chromium, cyanide, nickel, mercury, arsenic,
fluoride, phosphorus, sodium, and uranium compounds. For example, the
production of chromates may generate wastewater treatment sludges,
ore residues, and other solid wastes contaminated with chromium; the
production of cadmium salts may generate wastewater treatment sludges
and dusts containing cadmium; the production of phosphorus may produce
wastewater treatment sludges containing colloidal phosphorus and
fluoride compounds and furnace slags and dust containing fluorides as
well as radioactive materials such as uranium oxide.
C.3 Pharmaceutical Industry
The hazardous waste characterization for the pharmaceutical indus-
try (SIC Codes 2831, 2833 and 2834) is based upon information reported
by Arthur D. Little, Inc, (1976b). According to that report, poten-
tially hazardous waste streams are generated by the following three
functional sections of the pharmaceutical industry:
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• Research and development;
• Production of active ingredients;
• Formulation and packaging.
Research and development has the function of discovering new
drugs and developing and improving formulations of new and older
drugs. Potentially hazardous wastes from research and development
include flammable waste solvents and wastes containing heavy metals,
such as mercury and zinc, used in drug formulations. Table C-l lists
typical solvents used by the pharmaceutical industry.
Active ingredients include synthetic organic medicinals (e.g.,
vitamins and aspirin), inorganic medicinals (e.g., antacids), fermen-
tation products (e.g., antibiotics), botanicals (e.g., alkaloids and
steroids), medicinals from animal organs (insulin), and biologicals
(e.g., vaccines and blood fractions). Potentially hazardous wastes
generated during production of active ingredients include waste sol-
vents, organic chemical residues, contaminated high inert content
wastes, and heavy metal wastes.
Table C-2 shows the major types of potentially hazardous wastes
generated from each category of active ingredient production and typi-
cal constituents of the waste. Organic chemical residues include un-
reacted raw materials used in the production of synthetic organic
medicinals. These residues are separated from the product by methods
such as extraction, distillation, precipitation, crystallization, or
filtration and may be recovered as still bottoms, chemical muds, or
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TABLE C-l
TYPICAL WASTE SOLVENTS GENERATED
BY THE PHARMACEUTICAL INDUSTRY*
Acetone
Acetonitrile
Amyl acetate
Benzene
Butanol
Butyl acetate
Chloroform
Ethanol
Ethylene dichloride
Ethylene glycol
Heptane
Isopropyl alcohol
Methanol
Methyl chloride
Methyl isobutyl ketone
Naphtha
Toluene
Xylene
*Arthur D. Little,Inc., 1976b.
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TABLE C-2
TYPICAL POTENTIALLY HAZARDOUS WASTES GENERATED
DURING PHARMACEUTICAL ACTIVE INGREDIENT PRODUCTION*
SYNTHETIC ORGANIC MEDICINALS
Waste Solvents
Acetone
Toluene
Xylene
Benzene
Isopropyl alcohol
Methanol
Ethylene dichloride
Acetonitrile
Organic Residues (still bottoms, sludges, polymers, tars)
Terpenes
Steroids
Vitamins
Tranquilizers
Contaminated High Inert Solids
Activated Carbon
Filter Aid
Filter Cloths
Heavy Metals
Copper
Mercury
Arsenic
Selenium
Zinc
Chromium
INORGANIC MEDICINALS
Heavy Metals
Selenium
FERMENTATION PRODUCTS (antibiotics-penicillin, tetracyclines,
cephalosporins)
Purification Solvents
Butanol
Acetone
Ethylene Glycol Monomethyl Ether
C-10
-------
TABLE C-2 (Concluded)
Recovery Solvents
Amyl acetate
Butanol
Butyl acetate
Methylisobutyl ketone
BOTANICALS
Alkaloids (Quinine, Reserpine, Vincristine) from Plant Material
Extraction Solvents
Methanol
Acetone
Ethanol
Chloroform
Heptane
Ethylene Bichloride
Purification Solvents
Ethylene Bichloride
Naphtha
Methylene Chloride
Benzene
Crude Steroids from Plant Material
Still bottoms (Soybean Oil Refining Residue)
MEBICINALS FROM ANIMAL ORGANS (Insulin, Heparin)
Solvents
Ethanol
Methanol
Acetone
BIOLOGICALS (Blood Plasma Fractions)
Solvent
Ethanol
Salts
Sodium Acetate
Sodium Chloride
Sodium Phosphate
*Arthur B. Little, Inc. 1976b.
C-ll
-------
tars. The residues may contain potentially hazardous organics such as
hydroquinone, pyridine, or oxalic acid. Contaminated high inert con-
tent wastes include filter aids, activated carbon, and filter cloth
and may contain potentially hazardous constituents such as waste
solvents and heavy metals. Heavy metals are used as catalysts,
oxidants, reducing agents, and product ingredients.
Formulation and packaging involve preparing dosage forms such as
tablets, capsules, liquids, or ointments from the bulk active ingre-
dients. Potentially hazardous wastes from formulation and packaging
include contaminated and decomposed active ingredients. Some re-
called lots of Pharmaceuticals which require disposal may also be
potentially hazardous (e.g., mercurial ointments).
C.4 Paint and Allied Products Industry and Contract Solvent Re-
claiming Operations
The hazardous waste characterizations for both the paint and
allied products industry (SIC Code 285) and contract solvent re-
claiming operations are based upon information reported by Wapora,
Inc. (1975).
C.4.1 Paint and Allied Products Industry. According to Wapora,
Inc., there are five principal sources of potentially hazardous waste
generation by the paint and allied products industry:
• Raw materials packaging;
• Water treatment sludges;
• Solids from air pollution control equipment;
C-12
-------
• Discarded finished products and spills;
• Wash solvents.
Raw materials packaging itself is not hazardous. The small
amounts of pigments and other materials used in paint production that
remain in the packaging are, however, potentially hazardous. Table
C-3 lists examples of potentially hazardous constituents that may be
contained in packaging wastes. These potentially hazardous constitu-
ents include organic and inorganic pigments which contain heavy metals
such as lead, cadmium, zinc, chromium, and copper. Potentially haz-
ardous solvents used include aliphatic solvents, esters, and ketones.
A wide variety of potentially hazardous additives, such as metallic
soaps, driers, fungicides, germicides, and mildewicides, are also used
in paint manufacture.
Wastewater treatment sludges result from the production of water-
thinned paints. Potentially hazardous constituents of the sludges
include heavy metals from pigments and mercurials from fungicides and
preservatives.
Air pollution control equipment used in paint plants consists
primarily of air filters. Potentially hazardous solids from such
equipment are primarily pigments containing heavy metals.
Waste products consist of finished products which are not sale-
able and which cannot be economically reworked into some useful form.
They include spoiled batches, spills, unsold warehouse stocks, and re-
tained samples. These waste products contain the potentially hazard-
ous materials listed in Table C-3.
C-13
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TABLE C-3
SELECTED POTENTIALLY HAZARDOUS WASTE CONSTITUENTS FROM
THE PAINT AND ALLIED PRODUCTS INDUSTRY*
PIGMENTS
Basic lead carbonate
Basic white lead silicate
Antimony oxide
Zinc oxide (leaded)
Cadmium lithopone
Cadmium yellow
Molybdata orange
Strontium chromate
Zinc chromate
Phthalocyanine blue
Chrome green
Phthalocyanine green
Copper powders
Cuprous oxides
ADDITIVES
Metallic Soaps
zinc stearate
Metallic Driers
cobalt soaps
lead soaps
zirconium soaps
Fungicides, Germicides, and Mildewicides
phenols, halogenated phenols, and their salts
phenyl mercuric acetate
phenyl mercuric oleate
C-14
-------
Table C-3 (Concluded)
SOLVENTS
Aliphatic Hydrocarbons
mineral spirits, regular and low odor
mineral spirits, odorless
kerosene
mineral spirits, heavy
Aromatic and Naphthenic Hydrocarbons
benzene
toluene
xylene
naphtha, high flash
Ketones
acetone
methyl ethyl ketone
methyl isobutyl ketone
Esters
ethyl acetate
isopropyl acetate
normal butyl acetate
*Wapora, Inc., 1975.
C-15
-------
Waste wash solvents consist of water or organic solvents used to
clean blending tanks, thinning tanks, and other processing equipment.
Water solvents are sent to wastewater treatment. Organic solvents may
contain organic sludges and pigments and may be reclaimed either on-
site or off-site. On-site reclamation generates potentially hazardous
still bottoms containing solvents and heavy metals.
C.4.2 Contract Solvent Reclaiming Operations. According to
Wapora, Inc., two major classes of solvents are reprocessed by con-
tract solvent reclaiming operations. The first class consists of
halogenated hydrocarbons, such as methylene chloride, trichloroethyl-
ene, perchloroethylene, and 1,1,1 trichloroethane, which result from
degreasing and metal cleaning operations.
The second class includes a wide range of solvents such as ali-
phatic hydrocarbons, aromatic and naphthenic hydrocarbons, alcohols,
esters, and ketones. These waste solvents are generated by the chem-
ical process industry, solvent manufacture, metal cleaning and coat-
ings industries, printing operations, and paint manufacture. Typical
solvents include methanol, isopropanol, methyl ethyl ketone, methyl
isobutyl ketone, amyl acetate, butyl acetate, hexane, and benzene.
There is one basic waste stream from the various solvent recovery
operations, i.e., still bottoms or sludge. Potentially hazardous con-
stituents in the still bottoms include the base solvent as well as
other materials including oils, greases, and metal fines from metal
cleaning operations; pigments, extenders, and additives from paint
C-16
-------
residues; and organic contaminants from chemical processes. If the
still bottoms are incinerated on-site, the ash residue, containing
heavy metals, becomes the waste stream.
C.5 Organic Chemicals, Pesticides, and Explosives Industries
The hazardous waste characterization for the organic chemicals
(SIC Code 286), pesticides (SIC Code 2879), and explosives (SIC Code
2892) industries is based upon information reported by TRW, Inc.
(1976). Due to the extremely large number of different products and
associated waste streams generated by the organic chemicals, pesti-
cides, and explosives industries, the hazardous waste characterization
for these industries is based upon selected processes and selected
waste streams within these processes.
Table C-4 presents potentially hazardous components within one
selected waste stream for each of 17 selected processes. The listed
waste streams have been selected by TRW, Inc. to provide a composite
picture of the types of potentially hazardous wastes generated by the
organic chemicals, pesticides, and explosives industries.
Table C-5 lists potentially hazardous waste stream components
generated within various SIC codes of the-organic chemicals and
technical pesticides industries.
C.6 Petroleum Refining Industry
The hazardous waste characterization for the petroleum refining
industry (SIC Code 2911) is based upon information reported by Jacobs
C-17
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TABLE C-4
POTENTIALLY HAZARDOUS COMPONENTS OF SELECTED WASTE STREAMS
FROM THE ORGANIC CHEMICALS, PESTICIDES, AND EXPLOSIVES INDUSTRIES*
Process
product
Selected waste
stream
Potentially hazardous
components
Perchloroethylene
Nitrobenzene
Chloromethane
solvents
Epichlorohydrin
Toluene
diisocyanate
Vinyl chloride
monomer
Nonaqueous liquid
heavy ends from
perchloroethylene
Nonaqueous liquid
still heavy ends
Solid tails from
solvent recovery
system
Liquid heavy ends
(still bottoms)
Centrifuge residue
sludge
Liquid heavy ends
from still
Hexachlorobutadiene,
hexachlorobenzene,
chloroethanes,
chlorobutadienes,
tars and residues
Nitrobody heavy
ends
Hexachlorobenzene,
crude hexachloro-
butadiene, and other
chlorinated paraffins
1,2,3-trichloropro-
pane, tetrachloro-
propyl ethers,
dichloropropanol
(dichlorohydrins),
epichlorohydrin,
chlorinated, aliph-
atics and alcohols
Lower polyurethane
polymers and tars,
ferric chloride,
waste isocyanates
Halogenated ali-
phatic hydrocarbons
(trichloroethane,
tetrachloroethane,
dichloroethane) and
tars
Methyl
methacrylate
Liquid heavy
ends from methanol
recovery
Lower methacrylate
polymers;
hydroquinone
C-18
-------
TABLE C-4 (Continued)
Process
product
Selected waste
stream
Potentially hazardous
components
Acrylonitrile
Maleic
anhydride
Lead alkyls
Aldrin
Atrazine
Trifluralin
Liquid heavy im-
purities (still
bottom)
Sludge and residue
(distillation
column bottoms)
Lead sludge from
settling basin
Area and equipment
washdown
Scrubber spent
alkali solution
Solid spent
activated carbon
Higher nitriles and
polymers
Maleic anhydride;
tars, fumaric acid,
and chromogenic
compounds
Lead carbonate, hy-
droxide and organic
compounds and other
organics
Aldrin
Cyanuric acid, in-
soluble residues
(e.g. , cyamelide),
and sodium hydroxide
Trifluralin and re-
lated fluroaromatic
compounds; solvent
and unreacted in-
termediates
Parathion
Malathion
TNT
Sulfur sludge from
chlorinator
Filter cake (semi-
solid)
Red Water
Sulfur and organo-
pho s pho ru s c om-
pounds
DimethyIdithiophos-
phoric acid; toluene
and insoluble reactor
products
TNT impurities,
organic salts,
inorganic salts
C-19
-------
TABLE C-4 (Concluded)
Process Selected waste Potentially hazardous
product stream components
Nitrocellulose Solids Contaminated nitro-
cellulose, nitro-
cellulose fines
*TRW, Inc., 1976
C-20
-------
TABLE C-5
POTENTIALLY HAZARDOUS WASTE STREAM COMPONENTS BY STANDARD
INDUSTRIAL CLASSIFICATION, ORGANIC CHEMICALS AND
TECHNICAL PESTICIDES INDUSTRIES*
CYCLIC INTERMEDIATES (SIC 28651)
Aluminum oxide (DPA contaminated catalyst)
Amines •
Ammonia
Azobenzene
Benzidine
Benzidine hydrochloride
Chlorinated aromatics
Chlorotoluene and phenol
Cyclopentadiene
Dichloroanilines
Dichloroethane
Dinitrotoluenes
Diphenylamine
Heavy metal catalyst from melamine manufacture
Heavy organics from p-nitroaniline manufacture
Hydrazobenzene
Hydroquinone
Isocyanates
Manganese oxides
Melamine
Methyl aniline
a-naphthylamine
(3-naphthylamine
Nitrobenzene sulfonic acid
Nitrotoluene
N-phenyIhydroxylamine
N,N-diethylaniline
Phenol
Phenolics
Phenylenediamines
Phosgene
Phthalic anhydride
Polymeric matter, phenol contaminated
Polymers and tarry matter from isocyanates manufacture
p-chlorophenol
p-hydroxybenzoic acid
p-nitroaniline
p-nitrochlorobenzene
C-21
-------
TABLE C-5 (Continued)
CYCLIC INTERMEDIATES (SIC 28651)
p-nitrotoluene sulfonic acid
Quinone
Resorcinol, phenol and cresol
Resorcinol
Sodium phenoxide
Spent catalyst and support
Sulfuric acid
Tars from diphenylamine manufacture
Tars and naphthylamine from and naphthylamine
manufacture
Toluene diamine
Toluidine
2-naphthylamine
2,4 dimethylaminoazo benzene
3,3'-dichlorobenzidine
SYNTHETIC ORGANIC DYES (SIC 28652)
Aminotoluene
Chloroacetic acid
Dinitrophenol
Phenol
p-anisidine
p-formamidoanisole
p-hydroxyaniline
o-anisidine
o-formamidoanisole
o-hydroxyaniline
o-nitrophenol
2-aminotoluene
2-amino, 4-nitrophenol
2-nitro, 4-aminophenol
2-nitro, 4-amino anisole
2,4-diaminotoluene
4-aminotoluene (paren-toluidine)
SYNTHETIC ORGANIC PIGMENTS, LAKES, TONERS (SIC 28653)
Naphthylamine
N-ethylnaphthylamine
p-toluidine
p-toluidine-2-sulfonic acid
p-toluidine-3-sulfonic acid
3,3'-dichlorobenzidine
C-22
-------
TABLE C-5 (Continued)
CYCLIC (COAL TAR) CRUDES (SIC 28655)
Phenols
MISCELLANEOUS CYCLIC (COAL TAR) CHEMICAL PRODUCTS (SIC 28691)
Acetylamino fluorene
Ferric chloride
Naphthenic acid
Naphthenic acid salts
Phenol
Phenolic salts
p-cresol
Thionyl chloride
Zinc dust
2,6 di-tert-butyl-p-cresol
MISCELLANEOUS ACYCLIC CHEMICALS AND CHEMICAL PRODUCTS (SIC 28692)
Acetonitrile
ACrole in
Acrylic acid
Acrylonitrile
Allyl alcohol
Allyl chloride
Ammonia
Ammonium cyanide
Ammonium methacrylate
Antimony oxide
Antimony pentachloride
p-propiolactone
Carbon tetrachloride
Chlorinated aldehydes
Chlorine
Chloroacetic acid
Chloroamino ethanes
Copper (recov) from acetaldehyde manufacture
Crotonaldehyde
Crude hexachlorobenzene
Dichloroethane
Dichloroethylene
Diethylamine
Dimethyl ethers
Epichlorohydrin
Ethyleneamines
C-23
-------
TABLE C-5 (Continued)
MISCELLANEOUS ACYCLIC CHEMICALS AND CHEMICAL PRODUCTS (SIC 28692)
Ethylene diamine
Ethylene dichloride
Ethylene oxide
Ethyleneimine
Ethyl acrylate
Fluorocarbons
Heavy ends from acetic anhydride manufacture
Heavy metal catalyst from n-paraffins manufacture
Heavy tars from vinyl chloride manufacture
Hexamethylene imine
Hydrogen chloride
Hydrogen cyanide
Hydroquinone
Lead sludge
Mercuric tin hydroxide
Metallic fluorinating agent
Methylchloromethylether
Methyl ethyl ketone
Methyl Methacrylate
Mixed heavy chlorinated hydrocarbons
Sodium salt of EDTA
Nickel from hexylene glycol manufacture
Nickel chloride
N-chlorodimethyl amine
N-nitrosodimethyl amine
Phenols
Pentachloroethane
Perchloroethylene
Phenol/aniline
Polymers from acrylic acid/acrylates manufacture
Prop ionic acid
Propylene oxide
Propyl aldehyde
Sodium acrylate
Sodium cyanide
Sodium fluoride
Sodium formate
Stearic acid
Stearic acid salts
Tars from ethylene diamine manufacture
Tetrachloroethane
Tetrachloroethylene
C-24
-------
TABLE C-5 (Continued)
MISCELLANEOUS ACYCLIC CHEMICALS AND CHEMICAL PRODUCTS (SIC 28692)
*
Trichloroethane
Trichloroethylene
Trichloropropane
Vinyl chloride
Vinyl chloride contaminated solids
Vinylidene chloride
Zinc acetate/on coke
1,1,2-trichloroethane
SYNTHETIC ORGANIC CHEMICALS (SIC 28693)
Alkylated phenol
Benzyl chloride
Dodecylmercaptans
Myristic acid
Myristic acid ester
Organic mercaptan salts
Partial phosphate esters
Phenols
Spent activated carbon from phosphoric acid ester
manufacture
Stearic acid and esters
Tars from benzothiazole manufacture
Unreacted phenol
PESTICIDES AND OTHER SYNTHETIC ORGANIC AGRICULTURAL
CHEMICALS (SIC 28694)
Acrolein
Aldicarb
Aldrin
Alpha-naphthylthiourea
Arsenic trioxide
Atrazine
Bis(chloromethyl ether)
Chlorinated methyl ethers
Captan
Carbofuran
Carbaryl
Garbophenothion
Chlordane
2,4-Dichlorophenol
2,6-Dichlorophenol
C-25
-------
TABLE C-5 (Continued)
PESTICIDES AND OTHER SYNTHETIC ORGANIC AGRICULTURAL
CHEMICALS (SIC 28694)
2,2-Dichlorovinyl dimethyl phosphate
Dieldrin
0,0-Diethyl 0-(3-chloro-4-methyl-2-oxo-2H-l-
benzopyran-7-yl) phosphorothioate
0,0-Diethyl S-[2-ethylthio)ethyl] phosphorodithioate
Dimethoate
0,0-Dimethyl 0-p-nitrophenyl phosphorothioate
0,0-Dimethyl S-[(4-oxo-l,2,3-benzotriazin-3(4H)-yl
methyl] phosphorodithioate
Dimethyl phosphate ester with 3-Hydroxy-N,N-
Dimethyl-cis-crotonamide
Dimethyl phosphate of 3-Hydroxy-N-methyl-
cis-crotonamide
Dinoseb
Dioxathion
Diphacinone
Diuron
Endothall
Endrin
Ethyl hexanediol
Ethyl thiocarbonate
Ethion
0-Ethyl S-phenyl ethylphosphorodithioate
S-[2-(Ethysulfinyl)ethyl]0-0-Dimethyl phosphorothioate
Heavy carbamate residues
Hydrazine
Hydrogen sulfide
Heptachlor
Malathion
Methomyl
Methyl chloroacetate
Methyl fluoroacetate
Methyl isocyanate
1-Naphthylamine hydrochloride
Nicotine
Pheno1
Phenolic resins from 2,4-dichlorophenoxyacetic acid
manufacture
Parathion
Polymers and tars, pesticide contaminated from warfarin
manufacture
C-26
-------
TABLE C-5 (Concluded)
PESTICIDES AND OTHER SYNTHETIC ORGANIC AGRICULTURAL
CHEMICALS (SIC 28694)
Phosphamidon
Sodium p-nitrophenolate
Tarry residues, pesticide contaminated from
malathion manufacture
Sodium fluoroacetate
Tetraethyl pyrophosphate
2,4,6-trichlorophenol
Toxaphene
Warfarin
*TRW, Inc., 1976
C-27
-------
Engineering Company (1976). According to that report, potentially
hazardous wastes from petroleum refining are contained in the fol-
lowing waste streams:
• Crude tank bottoms;
• Leaded or non-leaded tank bottoms;
• API separator sludge;
• Neutralized hydrofluoric (HF) alkylation sludge;
• Kerosene filter clays;
• Once-through cooling water sludge;
• Dissolved air flotation float;
• Slop oil emulsion solids;
• Spent lime from boiler feedwater treatment;
• Cooling tower sludge; *
• Exchanger bundle cleaning sludge;
• Waste bio sludge;
• Storm water silt;
• Fluid catalytic cracker (FCC) catalyst fines;
• Coke fines;
• Lube oil filter clays;
• Spent catalysts;
• Chemical precipitation sludge.
Each of these waste streams was analyzed for potentially hazard-
ous levels of the following waste constituents: oil, fourteen trace
metals, phenolic compounds, ammonia compounds, fluorides, cyanides,
C-28
-------
and polynuclear aromatics (limited to benzene-A-pyrene). Table C-6
lists potentially hazardous constituents that may be present in each
waste stream.
Crude tank bottoms consist of solid sediment which accumulates at
the bottom of the crude oil storage tanks. Contaminants in crude oil
tank sludge vary with the type of crude oil as well as with handling
and shipping methods employed prior to delivery to the refinery.
Settled sludge consists of a mixture of iron rust, clay, sand, water,
sedimentj and some occluded oil and wax. Usually this mixture is a
tightly held emulsion which does not separate on settling.
Leaded or non-leaded tank bottoms consist of solids which settle
to the bottom of product tanks, where they remain pending removal.
The characteristics of the deposited sludge vary with the type of
product stored in the tank.
API separator sludge consists of solids which settle in the API
separator during primary wastewater treatment. Refinery API separa-
tors are usually connected to the oily water plant sewer. The bottoms
may, therefore, contain a mixture of all sewered wastes, such as tank
bottoms, boiler blow-down, and de-salter wastes, as well as a certlin
amount of all chemical elements that enter a refinery.
Neutralized alkylation sludges are produced by both the sul-
furic acid and the hydrofluoric acid alkylation processes. In the
sulfuric acid alkylation process, the spent acid, which is approxi-
mately 80 percent sulfuric acid, is usually placed in storage tanks
C-29
-------
I
o
w
i ^
C-30
-------
prior to shipment to an off-site producer of sulfuric acid. The
sludge which accumulates in storage tanks contains polymerized hydro-
carbons, tank scale, and sulfuric acid and is removed when the tank is
either cleaned or repaired. The sludge is usually neutralized with
lime and disposed on land. Unlike the sulfuric acid alkylation pro-
cess, all spent acid from the hydrofluoric acid process is neutralized
with lime (usually spent lime from the boiler feedwater treatment pro-
cess) producing an insoluble calcium fluoride sludge, which is removed
9
intermittently to final disposal.
Kerosene filter clays and lube oil filter clays result from
treatment of products with clay in order to remove impurities.
Treatment with fixed bed clay is used to remove color bodies, chemi-
cal treatment residues, and traces of moisture from product streams
such as gasoline, kerosene, jet fuel, and light fuel oil. Clay is
also used to treat lube oils, a process in which the clay is mixed
with the oil and subsequently removed with a rotary vacuum filter.
Once-through cooling water sludge results from water sent to
primary settling tanks prior to usage for once-through cooling.
In some refineries, following processing by separators, addi-
tional oil and solids are removed by the process of dissolved air
flotation. The process takes place in a circular tank in which finely
divided solids and oil particles are brought to the surface where they
are skimmed off for disposal.
C-31
-------
Skimmed oil from the API separators is usually pumped into a slop
oil tank where the mixture is separated into three fractions—oil,
water, and emulsion. The oil is returned for reprocessing and recy-
cled back to the API separator. The slop oil emulsion layer may be
disposed of as a sludge, or it may be further treated, i.e., demulsi-
fied.
Spent lime from cold or hot lime softening and from the clari-
fication of boiler feed water is continuously discharged, dewatered
»
in a settling basin, and disposed of on land. The quantities and
composition of the spent lime sludges are dependent upon the charac-
teristics of the raw makeup water.
Cooling tower sludge contains those solids which settle in the
cooling tower basin. Exchanger bundle cleaning sludge contains scale
and sediment from heat exchanger bundles. Stormwater silt collects
in the stormwater settling basins and contains run-off from the re-
finery area.
In the process of biological treatment of refinery aqueous waste
streams, excess bio sludge is created which, for efficient operation,
must be controlled by wasting. The waste bio sludge has a very high
water content (99 percent) and is dewatered prior to disposal.
Fluid catalytic cracker (FCC) catalyst is continuously regener-
ated by burning off the coke formed on the catalyst during the crack-
ing process. Refineries have installed electrostatic precipitators
or an equivalent device to remove any catalyst fines which would
C-32
-------
otherwise be released to the atmosphere with the regenerator flue gas,
These catalyst fines are either disposed as solid waste or, in some
cases, sold.
Coke which is produced in the course of various refinery oper-
ations, such as fluid coking and delayed coking, is sold as solid
industrial fuel. Coke fines result from the movement and handling
of the coke. Most of the non-volatile metals contained in the crude
petroleum are concentrated in the coke and the coke fines.
A number of refinery processes require the use of a fixed-bed
catalyst. The catalysts eventually become inactive (viz, six months
to three years). Many of these catalysts contain valuable metals
which can be recovered economically. Some of these metals, such
as platinum and paladium, represent the active catalytic component;
others are contaminants in the feed which are adsorbed on the cata-
lyst during use. After the more valuable metals are recovered, spent
catalysts are disposed as solid wastes.
Chemical coagulation is used at some refineries to remove sus-
pended matter from aqueous waste streams. The chemical coagulants
which are added for this purpose form a gelatinous, porous precipi-
tate in which the suspended matter, both oil and solids, becomes en-
meshed. The composition of the chemical precipitation sludge depends
upon the type of coagulant used as well as upon the characteristics
of the wastewater.
C-33
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C.7 Petroleum Rerefining Industry
The hazardous waste characterization for the petroleum rerefining
industry (SIC Code 2992) is based upon information reported by Swain
et al., (1977). According to that study, petroleum rerefining con-
sists of three basic process steps which produce three major waste
streams. These process steps and their waste streams are as follows:
• Pretreatment—sludge
• Distillation—process water
• Post treatment—spent clay
In pretreatment, heat and chemicals are generally used to remove
unwanted constituents from the waste oil. Distillation, which usual-
ly includes mixing of a bleaching clay with the pretreated waste oil,
removes low boiling fractions and undesirable constituents, such as
color bodies, from the waste oil. In post treatment, the spent clay
is removed by filtration; post treatment can also include acid neu-
tralization or other finishing processes.
Sludge is predominantly composed of the products of acid or
caustic pretreatment; however, it may also contain storage tank bot-
toms (which may contain phenols and other water soluble or dispersible
compounds), the interface invert emulsion found in the condensed light
ends/stripping steam separation, and waste water treatment sludge.
Acid sludge is a black, tar-like material with a strong sulfuric
acid odor reflecting its high acid content. It contains most of the
C-34
-------
metals, polar compounds,* and solids present in the waste oil. All of
the materials listed in Table C-7, except caustics, may be contained
in acid sludge at potentially hazardous levels.
Caustic sludge is a black viscous material which varies from free
flowing to weakly gelatinous and from neutral to alkaline. All of the
materials listed in Table C-7, except acid, may be contained in caus-
tic sludge at potentially hazardous levels.
Spent clay from post treatment is a black, oil-compacted material
which contains varying percentages of oil (1 to 45 percent by weight,
with an average of 19 percent by weight). In addition to the oil,
other potentially hazardous materials in the spent clay may include
polymers, other polar compounds, and metals not removed during the
pretreatment step.
Process water from steam stripping during the distillation step
may contain heavy metals (e.g., lead, zinc), phenols, mercaptans,
other sulfur compounds, and hexane solubles (oils, polymers, and other
polar compounds). The process water is sent to wastewater treatment,
and the wastewater treatment sludge is usually combined with the acid
or caustic sludge.
C.8 Leather Tanning and Finishing Industry
The hazardous waste characterization for the leather tanning and
finishing industry (SIC Code 3111) is based upon information reported
by SCS Engineers, Inc. (1976). According to that study, potentially
*Polar compounds include additives placed in the original oil and
compounds formed during the original use of the oil.
C-35
-------
TABLE C-7
POTENTIALLY HAZARDOUS MATERIALS CONTAINED IN
PETROLEUM RE-REFINING SLUDGE*
Acid (Sulfuric acid)
Ammonia
Arsenic compounds
Cadmium compounds
Caustic (sodium hydroxide, sodium silicate)
Chromium compounds
Copper compounds
Cresol
Iron compounds
Lead compounds
Mercury compounds
Naphthene compounds
Nickel compounds
Oils (includes polymers, other polar compounds,
asphaltenes, and petroleum oils)
Zinc compounds
*Swain et al., 1977.
C-36
-------
hazardous wastes from the leather tanning and finishing industry are
contained in the following waste streams:*
• Fleshings;
• Trimmings and shavings;
• Buffing dust;
• Finishing residues;
• Finished leather trim;
• Sewer screenings;
• Wastewater treatment sludges.
Fleshing involves the removal of excess flesh and fatty sub-
stances from the hide or skin. Except for sheepskin tanneries,
fleshing normally occurs prior to tanning, and the wastes consist
primarily of animal fat and protein. Fleshing wastes from sheepskin
tanneries may contain chromium at potentially hazardous levels (see
Table C-8).
Trimming and shaving wastes result when tanned hides are split
and shaved to obtain uniform thicknesses or to remove ragged edges.
Trimmings and shaving wastes may contain chromium, copper, lead, and
zinc at potentially hazardous concentrations (see Table C-8).
Buffing dust is produced when leather is mechanically sanded to
remove surface imperfections and to improve the nap. Buffing dusts
may contain chromium, copper, lead, and zinc at potentially hazardous
concentrations (see Table C-8).
*The SCS Engineers, Inc. study analyzed tannery wastes for heavy
metals, phenols, and pesticides.
C-37
-------
TABLE C-8
POTENTIALLY HAZARDOUS TANNERY WASTE CONSTITUENTS*
Analytical results
Waste stream
Fleshings
Trimmings and
shavings
Chrome
Unfinished leather
Buffing dust
Finishing residues
Finished leather trim
Sewer screenings
Wastewater treatment
residues (sludges)
Mean
concentration
Hazardous (wet weight-
constituent** mg/kg)
Chromium
Chromium
Chromium
Copper
Lead
Zinc
Chromium
Copper
Lead
Zinc
Chromium
Copper
Lead
Zinc
Organic
solvents
Chromium
Lead
Chromium
Lead
Zinc
Chromium
Copper
Lead
Zinc
4,000t
7,600
16,900
90
120
60
5,700
960
150
160
3,500
40
8,400
150
NA^
14,800
1,000
2,200
30
60
3,700
370
60
50
Concentration
range
(wet weight-
ing /kg)
t
2,200-21 ,000
4,600-37,000
2.3-468
2.5-476
9.1-156
19-22,000
29-1,900
2-924
-
0.45-12,000
0.35-208
2.5-69,200
14-876
NA±
1,600-41,000
100-3,300
0.27-14,000
2-110
35-128
0.33-19,400
0.12-8,400
0.75-240
1.2-147
*SCS Engineers, Inc., 1976.
**Constituents for which analyses were made.
tOnly one sample analyzed.
Available.
C-38
-------
Finishing residues are produced as a result of air pollution
control devices which remove particulates and aerosols from the ex-
haust gases of spray finishing booths and from the general cleaning
of finishing equipment. Finishing residues may contain flammable
organic solvents as well as chromium, copper, lead, and zinc at po-
tentially hazardous concentrations (see Table C-8).
The finished leather is trimmed prior to packaging and shipping.
Trimming wastes may contain chromium and lead at potentially hazard-
ous levels (see Table C-8).
Sewer screenings result when wastewater is screened prior to
discharge for further treatment. Sewer screenings may contain chrom-
ium, lead, and zinc at potentially hazardous levels (see Table C-8).
Wastewater treatment sludges may contain chromium, copper, lead,
and zinc at potentially hazardous levels (see Table C-8).
C.9 Metal Smelting and Refining Industry
The hazardous waste characterization for the metal smelting and
refining industry (SIC Code 33) is based upon information reported
by Calspan Corporation (1977). According to that report, potentially
hazardous wastes from the metal smelting and refining industry con-
sist primarily of wastewater treatment sludges^ furnace slags, and
dusts.
Table C-9 lists the types of potentially hazardous waste streams
generated by the various metal smelting and refining operations.
Table C-10 lists the principal hazardous waste constituents
C-39
-------
TABLE C-9
POTENTIALLY HAZARDOUS WASTE STREAMS FROM METAL
SMELTING AND REFINING*
Metal category
Type of residualt
Primary copper, smelting and
fire refining
Primary copper electrolytic
refining
Primary lead
Primary zinc, electrolytic
Primary zinc, pyrometallurgical
Primary aluminum
Primary antimony, pyrometallurgical
Primary antimony, electrolytic
Primary titanium
Primary tungsten
Primary tin
Primary mercury
Iron and steel
C-40
Acid plant sludges
Dusts
Miscellaneous slurries
Miscellaneous slurries
Acid plant sludge
Sinter scrubber sludge^
Acid plant sludgeT
Miscellaneous sludges^
Acid plant sludgeT
Retort residue ("blue
powder")$
Cadmium plant residue
Pot line scrubber, sludge^
Pot line skimmingst
Spent potlinerst
Cast house dust
Blast furnace slag
Anolyte sludge
Chloririation sludge
Digestion residue
Smelting slag
Condenser wastewater
Coke oven sludge
Waste ammonia liquor
Electric furnace dust
Electric furnace sludge
-------
TABLE C-9 (Concluded)
POTENTIALLY HAZARDOUS WASTE STREAMS FROM METAL
SMELTING AND REFINING*
Metal category
Type of residual"!"
Iron and steel (continued)
Ferromanganese
Silicomanganese
Ferrochrome
Ferronickel
Primary mill sludge
Primary mill scale
Continuous caster sludge
Continuous caster scale
Hot rolling mill sludge
Hot rolling mill scale
Cold rolling mill sludge
Cold rolling mill scale
Cold rolling mill pickle
liquor
Tin plating mill sludge
Galvanizing mill sludge
Galvanizing mill pickle
liquor
Sludge
Sludge
Dust
Skull plant tailings
Sludge
*Calspan Corporation, 1977.
tResiduals immediately recycled to process (e.g., dusts) are not
included.
be recycled after storage periods of months to years.
C-41
-------
TABLE C-10
POTENTIALLY HAZARDOUS WASTE CONSTITUENTS GENERATED
BY METAL SMELTING AND REFINING INDUSTRY*
Industry category
Principal hazardous waste
constituents
Iron and steel
Ferroalloys
Heavy metals
chromium
copper
lead
nickel
zinc
Fluorines
Cyanides
Phenols
Oil and grease
Heavy metals
cadmium
chromium
cobalt
copper
lead
nickel
zinc
Iron and steel foundries
Primary copper smelting and
fire refining
Heavy metals
cadmium
chromium
copper
lead
nickel
zinc
Heavy metals
antimony
arsenic
cadmium
chromium
copper
lead
mercury
nickel
selenium
zinc
C-42
-------
TABLE C-10 (Continued)
POTENTIALLY HAZARDOUS WASTE CONSTITUENTS GENERATED
BY METAL SMELTING AND REFINING INDUSTRY*
Industry category
Principal hazardous waste
constituents
Primary copper electrolytic refining
Primary lead smelting and refining
Primary electrolytic zinc smelting
and refining
Primary pyrometallurgical zinc
smelting and refining
C-43
Heavy metals
antimony
arsenic
cadmium
chromium
copper
lead
mercury
nickel
selenium
zinc
Heavy metals
antimony
arsenic
cadmium
chromium
copper
lead
mercury
zinc
Heavy metals
arsenic
cadmium
chromium
copper
lead
mercury
selenium
zinc
Heavy metals
arsenic
cadmium
chromium
copper
lead
mercury
selenium
z±nc~
-------
TABLE C-10 (Continued)
POTENTIALLY HAZARDOUS WASTE CONSTITUENTS GENERATED
BY METAL SMELTING AND REFINING INDUSTRY*
Industry category
Principal hazardous waste
constituents
Primary aluminum
Primary antimony
Heavy metals
copper
lead
Fluorides
Cyanides
Heavy metals
antimony
copper
lead
zinc
Primary mercury
Primary titanium
Primary tungsten
Heavy metals
antimony
chromium
copper
lead
mercury
nickel
zinc
Heavy metals
chromium
titanium
vanadium
Chlorides
Heavy metals
arsenic
copper
lead
zinc
C-44
-------
TABLE C-10 (Concluded)
POTENTIALLY HAZARDOUS WASTE CONSTITUENTS GENERATED
BY METAL SMELTING AND REFINING INDUSTRY*
Industry category
Principal hazardous waste
constituents
Secondary copper
Secondary lead
Secondary aluminum
Heavy metals
copper
lead
nickel
tin
zinc
Heavy metals
antimony
chromium
c op pe r
lead
tin
zinc
Heavy metals
chromium
copper
lead
zinc
High salt slag
sodium
potassium
chloride
*Calspan Corporation, 1977.
C-45
-------
in waste streams from the various industry categories. The principal
hazardous waste constituents include heavy metals, fluorines, fluo-
rides, chlorides, cyanides, phenols, oils, and grease.
C.10 Electroplating and Metal Finishing Industries
The hazardous waste characterization for the electroplating and
metal finishing industries (SIC Code 3471) is based upon information
reported by Battelle Columbus Laboratories (1976). According to that
report, four types of potentially hazardous wastes are generated by
the electroplating and manufacturing industries:
• Water treatment sludges;
• Process waste;
• Degreaser sludges;
• Salt precipitates.
The major sources of water treatment sludges include rinse
waters from each plating step as well as spent preplating and post-
plating solutions. Process solution dragout from the workplaces, as
they are moved from tank to tank in plating operations, is rinsed in
continuously flowing water.
The rinse waters contain alkalies, acids with dissolved metals,
and possibly cyanides from the preplating steps. The metal or metals
being plated onto the workpieces appear as dissolved salts in the
rinse waters following metal deposition steps. Also present are
conductivity salts and additives which were introduced to enhance
electrodeposition or the properties of the deposits. Some plating
C-46
-------
processes incorporate a postplating step intended to alter the metal
surface by conversion or filming to improve the corrosion proper-
ties of the deposits. Dragouts from these solutions also contain
metals and chemicals.
In addition, preplating and postplating solutions are dumped as
spent baths into the water of the wastewater treatment system. Such
solutions include alkaline soak and electrolytic cleaners; acid and
cyanide dips; pickles; descaling baths; chemical and electrochemical
polishing baths; and oxidizing, phosphating, coloring, and conversion
coating solutions.*
Process wastes can be separated into two distinct categories,
i.e., preplating and postplating preparation wastes and miscellaneous
wastes. Preplating and postplating preparation wastes include grind-
ing, polishing, buffing, brushing, and abrasive blasting wastes.
Potentially hazardous constituents of these wastes include heavy
metal particulates, metal ions, lubricants, and buffing compounds.
Miscellaneous process wastes include metallics from used anodes,
plating racks, and rejects as well as such non-metallics as filter
cakes, worn tank linings, woven anode bags, coatings on plating
racks, anode sludges, oils from wastewater treatment, and chemical
containers. The non-metallic wastes may contain occluded or absorbed
process chemicals and other potentially hazardous wastes such as
*See Section C.ll for a more detailed discussion of specific consti-
tuents that may be present in electroplating wastewater streams.
C-47
-------
heavy metals, acid and alkaline cleaning compounds, plating salts,
organic additives, solvents, cyanides, and paints.
Degreaser sludges arise from reclaiming of both chlorinated
hydrocarbons, used to remove grease and oil from mechanically fin-
ished parts by polishing and buffing, and combinations of organic
chemicals, such as toluene, xylene, acetone, and methylene chloride,
used for paint stripping. These sludges contain heavy metals, dis-
solved greases and oils, buffing compounds, abrasives, paint pig-
ments, and organic solvents.
Salt precipitates from electroless nickel plating operations
are produced during the regeneration of the bath composed of calcium
orthophosphite and calcium sulfate. This particular type of waste
may not always be present because electroless nickel plating opera-
tions are not as common as electroplating and/or because small volume
solutions are not regenerated.
C.11 Special Machinery Manufacturing Industries
The hazardous waste characterization for the special machinery
manufacturing industries (SIC Codes 355 and 357) is based upon in-
formation reported by Wapora, Inc. (1977). According to that study,
potentially hazardous wastes from the special machinery manufacturing
industries are contained in the following major waste streams:
• Heat treating;
• Electroplating;
C-48
-------
• Machining*;
• Coating.
Heat treatment of metals is the process of heating and cooling
of a solid metal or alloy to obtain desired conditions or properties.
Potentially hazardous components in the waste stream from heat
treating include metal salts, quenching materials (oil, water, molten
metal salts, brine), coolants, solvents, alkaline and acid cleaners,
and still bottoms generated in reclaiming spent solvents. These
potentially hazardous components may be present separately or, more
likely, in combination in the waste stream. For example, waste
quenching oils may contain metal salts, cyanide salts, and solvents
as well as potentially hazardous additives, such as barium sulfonate,
originally present in the oil. Table C-ll lists typical constituents
of these waste components.
Electroplating is a process in which an adherent metallic coating
in the form of an electrolyte (aqueous solution of acids, bases, or
salts) is electrodeposited on the object being plated to obtain a
surface with properties or dimensions different from those of the
basis metal. Potentially hazardous components in the waste stream
from electroplating include acid and alkaline cleaners, solvents, and
plating solutions containing heavy metals and cyanides. Table C-ll
lists typical constituents of these waste components. Each of these
*Potentially hazardous waste streams from stamping, blanking and
forming operations, from plate and structural fabrication, and from
assembly operations are similar to those from machining and are not
discussed separately in this section.
C-49
-------
TABLE Oil
TYPICAL CONSTITUENTS OF POTENTIALLY HAZARDOUS
WASTE STREAMS IN THE SPECIAL MACHINERY
MANUFACTURING INDUSTRIES*
OIL AND OIL ADDITIVES
Hydraulic Oils
rust inhibitors (imidazolines)
oxidation inhibitors (zinc dithiophosphate)
corrosion inhibitors (metal dithiophosphates)
foam inhibitors (silicones)
Lubricating Oils
detergents (barium sulfonate)
wetting agents (tri-o-cresyl)
adherence agents (oleic acid)
Cutting and Coolant Oils
bactericides
chlorinated fats
sulfochlorinated fats
corrosion inhibitors
foaming inhibitors
Quenching Oils
barium sulfonate
zinc dithiophosphate
sodium nitrate
antimony trioxide
METALS AND METAL COMPONENTS
Metal Salts (heat treating)
sodium cyanide
potassium cyanide
barium chloride
Plating Solutions
nickel sulfate
chromic acid
copper cyanide
cadmium oxide
zinc cyanide
silver cyanide
sodium stannate
C-50
-------
TABLE C-ll (Concluded)
TYPICAL CONSTITUENTS OF POTENTIALLY HAZARDOUS
WASTE STREAMS IN THE SPECIAL MACHINERY
MANUFACTURING INDUSTRIES*
Structural Metals Particles
chromium
copper
nickel
tin
zinc
ACID AND ALKALINE CLEANERS
Acid Cleaners
sulfuric acid
nitric acid
phosphoric acid
chromic acid
fluoboric acid
hydrochloric acid
Alkaline Cleaners
sodium hydroxide
potassium hydroxide
trisodium phosphate
sodium cyanide
ORGANIC SOLVENTS
Aliphatic Hydrocarbons
kerosene
naphtha
Chorinated Hydrocarbons
methylene chloride
trichloroethylene
perchloroethylene
Alcohol
ethanol
methanol
Other
acetone
toluene
*Wapora, Inc., 1977.
C-51
-------
waste components may contain additional potentially hazardous materi-
als. For example, alkaline cleaners may contain oil, grease, pig-
mented drawing compounds, metal chips, cutting fluids, polishing and
buffing compounds, and scale. Electroplating wastes are generally in
liquid form and the various streams may be combined or kept separate.
Sludges containing heavy metals, such as cadmium, chromium, copper,
lead, nickel, and zinc, are generated by wastewater treatment of elec-
troplating wastes.
Machining is the removal of material in the form of chips from
metal parts, usually through the use of a machine tool. Potentially
hazardous components in the waste stream from machining include cut-
ting and cooking oils, solvents, and heavy metals mixed with cutting
oils (swarf). Table C-ll lists constituents of these waste compo-
nents .
Coating involves the application of paint and other types of
organic materials to metal surfaces. Potentially hazardous compo-
nents in the waste stream from coating include paints, solvents, and
acid and alkaline cleaners. Paint wastes may contain potentially
hazardous constituents such as pigments, resins, oils, solvents,
plasticizers, metal organic soaps, non-metallic driers, bactericides,
and fungicides.* Table C-ll lists constituents of solvent and clean-
ing wastes. Cleaning wastes may also contain residues of the materi-
als removed from the surface of the metal, such as oil, phosphate,
*See Section C.4 for a more detailed discussion of potentially
hazardous paint wastes.
C-52
-------
chromic acid, waxes, inks, carbon black, and heavy metal particles.
Wastewater treatment of the coating waste stream generates sludges
containing heavy metals such as cadmium, chromium, copper, lead, and
zinc.
C.12 Electronic Components Manufacturing Industry
The hazardous waste characterization for the electronic compo-
nents manufacturing industry (SIC Code 367) is based upon information
reported by Wapora, Inc. (1977a). According to that study, due to
the degree of design diversity within product areas of the electronic
components manufacturing industry, waste streams are characterized
according to the general chemical nature of process wastes rather
than by manufacturing process. The following categories of process
wastes were identified as being potentially hazardous:
• Halogenated solvents;
• Non-halogenated solvents;
* Wastewater treatment sludges;
• Oils;
• Paint wastes;
• Metal scrap;
• Concentrated cyanides;
• Concentrated acids or alkalies;
• Miscellaneous.
The halogenated solvent waste stream includes waste halogenated
solvents as well as still bottoms from in-plant solvent distillation
C-53
-------
and exhibits a wide range in the degree of contamination by other
materials. The still bottoms, for example, may contain a high con-
centration of oils, soldering flux, metal particles, non-metal par-
ticles, and metal ions. Heavy metals in the waste may include lead
and zinc. Potentially hazardous solvent waste constituents may in-
clude trichloroethylene, 1,1,1-trichloroethane, perchloroethylene,
freon, and methylene chloride.
The non-halogenated solvent waste stream also shows a wide range
in the degree of contamination by other materials. Contaminants
include heavy metals such as chromium, lead, and zinc. The non—
halogenated solvents used by the industry have, with few exceptions,
flash points below 100 F. Potentially hazardous waste constituents
include acetone, methanol, methyl ethyl ketone, and xylene.
Wastewater treatment sludges contain three categories of poten-
tially hazardous constituents: particulates, primarily as metal ox-
ides and metal salts; metal ions, including all of the metals used
for plating* as well as common metals such as lead, zinc, and iron;
and fluorides such as fluoride ions or silico-fluorides from silicon
wafer and glass etching.
Waste oils consist of hydraulic, lubricating, and cutting oils
and oil slurries. The waste oils are all petroleum distillates and
contain contaminants such as heavy metals and additives.t
*See Sections C.10 and C.ll for a more detailed discussion of elec-
troplating wastes.
tSee Section C.ll for a more detailed discussion of waste oil con-
stituents.
C-54
-------
The paint waste stream consists of waste paint as well as air
filters from spray painting operations, solvent and paint soiled
rags, and solvents used for paint clean up. Paint wastes may contain
potentially hazardous constituents such as pigments, resins, oils,
solvents, plasticizers, metal organic soaps, bactericides, and
fungicides*.
Metal scrap, concentrated cyanide, and concentrated acid or
alkaline wastes would have many of the same constituents as similar
wastes from the special machinery manufacturing (see Section C.ll).
According to Wapora, Inc., these three waste streams are not
generally disposed by the electronic components manufacturing indus-
try. Metal scrap, except beryllium oxide, is usually sold to metal
reclaimers. The cyanides, acids, and alkaline wastes are typically
oxidized and neutralized by wastewater treatment.
C.I3 Storage and Primary Batteries Industries
The hazardous waste characterization for the storage (SIC Code
3691) and primary (SIC Code 3692) batteries industries is based upon
information reported by Versar, Inc. (1975a). According to that
report, the two different categories of battery production (storage
and primary) produce hazardous waste streams which vary greatly in
nature. The potentially hazardous constituents within each of the
waste streams also vary according to the type of battery being
produced.
*See Sections C.4 and C.ll for a more detailed discussion of poten-
tially hazardous constituents of paint wastes.
C-55
-------
Hazardous wastes from the storage battery industry consist
largely of sludges from treatment of wastewater streams along with
a much lesser amount of rejected and scrap batteries and components.
Wastewater streams are generated by electrolytic forming processes
and by washing and rinsing steps in the storage battery production.
These wastewater streams contain heavy metals and the various elec-
trolytic solutions. Quality control practices lead to the rejecting
of cells, plates, and entire batteries which contain heavy metals and
their compounds. Scrap and waste materials from the storage battery
production also contain heavy metals and their compounds. Table C-12
shows typical waste streams and hazardous constituents within the
waste streams for the four major types of storage batteries produced.
Hazardous wastes from the primary battery industry consist
almost exclusively of batteries and cells rejected during quality
control operations. These rejected and scrap cells and batteries
contain heavy metals and their compounds. For a few types of primary
batteries, wastewater streams are also produced; however, for the
most part, primary battery production can be characterized as not
using process water in the production operation. Sludges from appli-
cable wastewater treatment contain heavy metals. Table C-13 shows
typical waste streams and hazardous constituents for nine types of
primary battery production.
C-56
-------
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APPENDIX D
TREATMENT AND DISPOSAL OF HAZARDOUS WASTES
This appendix describes typical methods and practices used in
the treatment and/or disposal of hazardous wastes. General treatment
and disposal methods are first discussed along with the type of waste
amenable to treatment or disposal by each method. Where available
data permit, estimates of the quantity of hazardous waste treated
or disposed by each method are presented. Following this discussion,
existing hazardous waste treatment and disposal practices are charac-
terized for the thirteen manufacturing industries discussed in Appen-
dix C.
D.I Treatment Methods
The treatment of hazardous wastes is directed toward separating
the hazardous components from the_non-hazardous components of the
waste stream, concentrating the hazardous wastes, rendering the
wastes less hazardous, reducing the volume of waste requiring ulti-
mate disposal, and/or recovering and reclaiming materials or energy
from the waste. There are four basic types of methods typically
used for the treatment of hazardous wastes. These are:
(1) physical treatment;
(2) chemical treatment;
(3) biological treatment;
(4) thermal treatment.
Treatment of a hazardous waste is at times limited to the appli-
cation of just one of the above methods. However, in many instances,
D-l
-------
especially in the case of wastewater treatment or resource recovery,
several of the methods are used in the course of treating the waste
(resource recovery is discussed in Appendix E).
It should be noted that the treatment of hazardous wastes using
the above methods does not typically constitute ultimate disposal of
the waste. Treatment generally produces a residual (e.g., sludge,
ash, still bottom, concentrated waste) which may be hazardous and
which is typically disposed using the methods described in Section
D.2. For example, many of the various physical, chemical, and bio-
logical treatment methods are used as part of primary, secondary, or
tertiary wastewater treatment and produce a sludge which is poten-
tially hazardous (see Appendix C) and which is disposed as discussed
in Section D.3.
D.I.I Physical Treatment. Physical treatments are used to
remove soluble and suspended constituents from aqueous waste streams
and to concentrate various constituents of the waste stream. The
physical treatment methods in widespread use include: carbon sorp-
tion, stripping processes, filtration, gravity separation, floccula-
tion, and evaporation.
D.I.1.1 Carbon Sorption. In carbon sorption, the waste solu-
tion is brought into contact with solid carbon, and solute particles
are either absorbed or adsorbed by the carbon. The amount of sorbate
held by a given quantity of carbon depends upon the surface to volume
ratio of the carbon and the intensity of any attractive forces
D-2
-------
between the two. Carbon sorption can remove organic wastes, heavy
metals, and other inorganics from water. Short-chain polar molecules
such as methanol, formic acid, and acetone have low removal efficien-
cies by carbon (Office of Solid Waste Management Programs, 1974a).
The greatest applicability of carbon sorption is in processing waste
streams which are not amenable to biological treatment because of
their content of toxic chemicals and/or the refractory nature of
their organic constituents (TRW, Inc., 1976).
In some applications, the ultimate disposal of the sorbate is
accomplished as part of the thermal reactivation of the spent carbon
by heating the spent carbon in a multiple hearth furnace or rotary
kiln; the sorbate is destroyed by pyrolysis/oxidation in the process
(Cheremisinoff, 1975; TRW, Inc., 1976). In other applications (e.g.,
processing of the brine wastewater from trifluralin manufacture), the
spent carbon is containerized and placed in storage (TRW, Inc.,
1976).
D.I.1.2 Stripping Processes. Stripping processes are used to
remove volatile materials from liquid streams. These processes are
generally employed to remove relatively small quantities of volatile
pollutants from large volumes of wastewater. Stripping is essen-
tially a low-temperature distillation process in which reduction of
effective vapor pressure by the introduction of the stripping med-
ium replaces the high temperature requirement. The two types of
stripping agents commonly used are steam and inert gas.
D-3
-------
The stripping of hydrogen sulfide and ammonia from sour water
is probably the most common use of stripping employed by the petro-
chemical industry for waste treatment. The major stripping agents
used to remove these contaminants are steam, natural gas, and flue
gas. Phenols can be removed from aqueous waste streams by steam
stripping when a wastewater is subject to short variations in temper-
•
ature, specific gravity, phenol concentrations, and suspended solids.
Some volatile organic compounds can be stripped from aqueous wastes
by using air as the stripping agent (Booz-Allen Applied Research,
Inc., 1973).
D.I.1.3 Filtration. Filtration involves the separation of
the solid and liquid phases of aqueous slurry by means of a porous
medium. The filtration is accomplished by forcing the aqueous slurry
through the filter medium—retaining screens, cloths, or particulates
such as sand, gravel, or diatomaceous earth—using gravity, pressure,
or a vacuum as the driving force (Versar, Inc., 1975; Powers, 1976).
Particles that are larger than the pore size of the filter medium
build up as a cake on the filter and have to be removed periodi-
cally. The capacity of the process is determined by the flow rate
of the filtrate through the filter cake (Office of Solid Waste Man-
agement Programs, 1974). Filtration is used for applications ranging
from dewatering of sludges to removal of the last traces of suspended
solids to give clear filtrates (Versar, Inc., 1975).
D-4
-------
D.I.1.4 Gravity Separation. Gravity separation includes both
the removal by flotation of materials less dense than water, such as
oils and air-entrained participates, and the removal by sedimenta-
tion of suspended materials that are more dense than water.
Sedimentation and flotation techniques commonly employ chemical
conditioners to enhance the separation process (Booz-Allen Applied
Research, Inc., 1973).
Sedimentation. In sedimentation, a waste-containing aqueous
suspension is placed in a tank, lagoon, or basin and the suspended
particles allowed to settle out; the fluid left above the solid bed
may then be removed. If the process is continued long enough, a
packed bed similar to a filter cake results (Office of Solid Waste
Management Programs, 1974a). In order to hasten the process, sed-
imentation has been used in conjunction with centrifugal force in
large centrifuges (Powers, 1976).
Flotation. Flotation consists of both natural flotation and
air flotation. In natural flotation substances lighter than water
(e.g., oil and grease) tend to rise naturally to the surface of
still wastewaters where they are skimmed off. In air flotation,
air is dissolved in the wastewater using pressure, diffusion, or me-
chanical dispersion. When the wastewater is exposed to a vacuum or
to the atmosphere when pressure is used), air bubbles are released
which carry suspended materials to the surface where they are held
by the air bubbles and flotation reagents (Fair et al., 1968).
D-5
-------
D.I.1.5 Flocculation. Flocculation is used when it is diffi-
cult to separate suspended waste particles from their liquid medium.
Particles in this category include those in the low and fractional
micrometer size range since they settle too slowly for sedimentation
or centrifugation and may be difficult to filter. With the aid of
flocculating chemicals (e.g., alum, ferric chloride, poly electro-
lytes), these particles can be aggregated and removed (Office of
Solid Waste Management programs, 1974a).
D.I.1.6 Evaporation. Evaporation ponds (lagoons) are used for
the containment/disposal of liquid wastes, primarily by solar evapo-
ration. Depending on the wastewater volume, evaporation ponds con-
sist of small concrete tanks, large earthen depressions, or basins.
To increase the rate of evaporation, some ponds have mechanical sur-
face aerators or sprayers. Evaporation is most successful in areas
with high rates of evaporation, low annual rainfall, and a relatively
warm climate. In addition to the loss of water by evaporation, and
depending on wastewater characteristics, a number of other treatment
processes may also be carried on concurrently in an evaporation pond.
These processes include sedimentation, biochemical oxidation, precip-
itation, and chemical oxidation (TRW, Inc., 1976).
D.I.2 Chemical Treatment. Chemical treatments are used to
alter the molecular structure of hazardous wastes so as to render
them less hazardous or to separate specific constituents of the
hazardous waste stream. Chemical treatment methods in widespread
D-6
-------
use include: neutralization, precipitation, oxidation, reduction,
ion exchange, and chemical fixation.
D.I.2.1 Neutralization. Neutralization is the process by which
acids and caustic wastes are reacted either with each other or with
other acids or caustics to form neutral salts. The resulting salts
are usually less hazardous than either of the reactants; the resul-
tant salt may also be insoluble and precipitate from the solution
(Versar, Inc., 1977). Neutralization methods include: mixing to
achieve a near-neutral pH, passing acid wastes over limestone, mixing
acids with lime slurries, adding soda ash to acid wastewaters, blow-
ing waste boiler-flue gas through alkaline wastes, adding compressed
carbon dioxide to alkaline wastes, and adding sulfuric acid to alka-
line wastes (Versar, Inc., 1975). Neutralization is commonly used in
wastewater treatment.
D.I.2.2 Precipitation. Precipitation is used to remove heavy
metals and other soluble chemicals from waste streams. The waste
stream is reacted with a chemical which causes the formation of an
insoluble or precipitated product that can be removed by sedimenta-
tion, centrifugation, or filtration. In the battery industry, for
example, lime and sodium hydroxide cause lead and nickel to precip-
itate out of the acidic wastewater (Versar, 1975a). Precipitation
reactions tend to generate heavy suspended solid loads.
D.I.2.3 Oxidation. Oxidation processes are used to treat both
organic and inorganic waste streams containing strong reducing agents
D-7
-------
in order to convert these waste streams to a less hazardous state.
Oxidation may be achieved using oxygen, chlorine, hypochlorites,
ozone, peroxides, or other common chemicals as the oxidizing agent.
Chlorine oxidation is commonly used in treating cyanide-containing
wastes (Office of Solid Waste Management Programs, 1974a). Wet oxida-
tion, in which organic materials in a liquid state are oxidized under
high pressure at moderate temperatures (see heat treatment methods),
is used in the pharmaceutical industry when incineration is not fea-
sible (Arthur D. Little, Inc., 1976b). Oxidation processes are ex-
othermic and may allow for energy recovery in some instances (Powers,
1976).
D.I.2.4 Reduction. Reduction processes are used to treat both
organic and inorganic waste streams containing strong oxidizing
agents in order to convert these waste streams to a less hazardous
state. Reduction may be achieved by using sulfur dioxide, sulfite
salts, ferrous sulfate, or other chemicals as the reducing agent.
For example, in the leather tanning and finishing industries, hexa-
valent chromium is typically reduced to the less hazardous trivalent
form with sulfur dioxide or bisulfites (SCS Engineers, Inc., 1976).
D.I.2.5 Ion Exchange. Ion exchange involves the use of a
packed bed of resin to selectively collect anions or cations from
solution. Wastewater is passed over the resin until all exchange
sites in the resin are placed; then the resin is regenerated and
D-8
-------
re-used. In the metal finishing industry, for example, the ion
exchange method is used to remove waste chromic acid from rinse
water. When the resin is saturated with chromate, it is regenerated
using a sodium hydroxide solution. The regenerated sodium chromate
is passed through a cation exchanger to yield chromic acid, which
can be re-used in the plating operation (Grumpier, 1977).
D.I.2.6 Chemical Fixation. Chemical fixation involves mixing
hazardous wastes, primarily sludges, with inorganic chemicals and
catalysts to tie up hazardous components, thus reducing leachability
and rendering the waste less hazardous. There are a number of such
processes which produce solids ranging from crumbly soil-like mate-
rials to concrete and ceramic slags (Versar, 1975).
D.I.3 Biological Treatment. Biological treatment involves the
use of microorganisms to remove organic materials present in waste-
water by adsorption and direct metabolism. The degradation rate of
an organic compound is a function of the molecular structure of the
compound, the genera and species of microorganisms utilizing it as a
food source, and the time required for the microorganism to develop
the enzymes necessary for substrate utilization. While there are
much contradictory data relating the molecular structure of a
compound to its biodegradability, the amenability or resistance of
certain groups of organic compounds to biological oxidation is
extensively documented (Booz-Allen Applied Research, Inc., 1973). In
general:
D-9
-------
• Aliphatic or cyclic aliphatics are usually more susceptible
to biological degradation than aromatics.
• Unsaturated aliphatics, such as acrylics, vinyl, and car-
bonyl compounds are generally biodegradable.
• Molecular size is significant concerning the biodegradabil-
ity of an organic compound. Polymeric and complex molecular
substances have shown resistance to biological degradation,
part of which is attributed to the inability of the neces-
sary enzymes to approach and attack susceptible bonds
within the molecular structure.
• Structural isomerisms in organic compounds affect the
relative biodegradability of many compound classes. For
example, primary and secondary alcohols are extremely
degradable while tertiary alcohols are resistant.
• The addition or removal of a functional group affects the
biological oxidation. A hydroxyl or amino substitution to
a benzene ring renders the compound more degradable than
the parent benzene, while a halogen substitution causes it
to be less biodegradable.
• Many organic compounds are extremely biodegradable at low
concentrations but are bio-static or bio-toxic at higher
concentrations.
The presence of certain materials can adversely affect the bio-
logical treatment system; these substances may need to be removed,
using other treatment processes previously discussed, before biolog-
ical treatment can be undertaken. For example, oils are difficult
for most microorganisms to metabolize due to their low water solu-
bility. Inorganic and non-biodegradable organic suspended solids
tend to build up in a treatment system, decreasing the proportion of
active biological solids, and thus adversely affecting the treatment
efficiency. Sulfides react with dissolved oxygen and reduce the
available oxygen to the organisms. Heavy metals are toxic and must
D-10
-------
be removed or reduced to safe levels. Also, waste streams with
potentially toxic organic compounds need to be separated and treated
prior to discharge into the biological treatment system (Booz-Allen
Applied Research, Inc., 1973). The biological treatment methods in
typical use include: trickling filters, activated sludge, aerated
lagoons, and waste stabilization ponds.
D.I.3.1 Trickling Filters. A trickling filter consists of a
packed bed of stones or synthetic materials covered by a microbial
film. As the wastewater passes over the filter medium and trickles
downward, biodegradable materials are oxidized. The "filtered"
liquid is collected and discharged at the bottom. Trickling filters
are commonly used in industrial waste treatment as "roughing devices"
designed to equalize and reduce organic loads to activated sludge or
aerated lagoon processes. Trickling filters have been employed in
the treatment of acetaldehyde, acetic acid, acetone, acrolein, alco-
hols, benzene, butadiene, chlorinated hydrocarbons, cyanides, epi-
chlorohydrin, formaldehyde, formic acid, ketones, monethanolamines,
phenolics, propylene dichloride, terpenes, ammonia, ammonium nitrate,
nylon and nylon chemical intermediates, resins, and rocket fuels
(Office of Solid Waste Management Programs, 1974a).
D.I.3.2 Activated Sludge. The activated sludge process con-
sists of adding a biological population to wastewater sludge in the
presence of dissolved oxygen produced by aeration. The organisms
digest the organic components of the sludge and then settle out by
D-ll
-------
gravity to be used again. The activated sludge process is most
adaptable for treating biodegradable organic wastes with influent
biological oxygen demand (BOD) less than 3000 mg/1 (Ottinger, et al.,
1973). The process has been used in the treatment of refinery,
petrochemical and biodegradable organic wastewaters (Office of Solid
Waste Management Programs, 1974a).
D.I.3.3 Aerated Lagoon. Aerated lagoons consist of surface
impoundments in which organic waste stabilization is accomplished
through continuous contact of the wastewater with a biological
population. Oxygenation of the lagoon is generally provided by
mechanical aeration.
There are two general types of aerated lagoons: aerobic lagoons
and facultative lagoons. In the aerobic lagoon, all biologic solids
are kept in suspension to insure aerobic conditions. In the facul-
tative lagoon, sludge settling is allowed to occur and, as a result,
aerobic biochemical oxidations takes place near the surface and an-
aerobic decomposition takes place in the bottom of the basin. High
levels of treatment are not generally achieved in aerated lagoons
because of the BOD and chemical oxygen demand (COD) associated with
the effluent suspended solids and the relatively small number of
active biological solids in contact with the wastewater. Aerated
lagoons are particularly sensitive to transient organic loadings,
toxic substances, and temperature changes (Booz-Allen Applied
Research, Inc., 1973; Ottinger et al., 1973).
D-12
-------
D.I.3.4 Waste Stabilization Ponds. In waste stabilization
ponds, wastewaters are stored in large, shallow surface impoundments
under conditions that favor the growth of algae and the natural
process of bacterial and algal symbiosis. Stabilization occurs when
organics are converted to inorganics through the metabolic activity
of the algae, aided by surface aeration (Office of Solid Waste Man-
agement Programs, 1974a).
The BOD removal in stabilization ponds is comparable to that in
other biological treatment processes, but the COD reduction capacity
is often higher. However, highly colored substances reduce sunlight
penetration and cause reduced photosynthesis, often affecting COD
removal capacities (Booz-Allen Applied Research, Inc., 1973).
D.I.4 Thermal Treatment. Thermal treatments employ heat to
destroy hazardous wastes, to render the waste less hazardous, and
to recovery energy and materials from the waste. To the extent that
thermal treatment produces a hazardous ash or residual that requires
disposal, thermal treatment constitutes a treatment method rather
than a disposal method. Thermal treatments in typical use include:
open burning, open pit burning, incineration, and high temperature
processing.
D.I.4.1 Open Burning. Open burning is defined under the
Section 3004 regulations as the combustion of any material without
control of combustion air to maintain adequate temperature for
efficient combustion, containment of the combustion-reaction in an
D-13
-------
enclosed device to provide sufficient residence time and mixing for
complete combustion, or emission of the combustion products through
a stack or vent adequate for both visual monitoring and point source
sampling. Open burning of hazardous wastes results in the uncon-
trolled release of hazardous gases and particulate matter. Open
burning, is being phased out due to the implementation of the Clean
Air Act. It should be noted that open burning is still used to
dispose of those explosive wastes for which there is no alternative
treatment or disposal method available, e.g., white phosphorus
shells, certain surplus rocket motors, and items too deteriorated
for safe disassembly (Shapira et al., 1978).
D.I.4.2 Open Pit Burning. Open pit burning is a form of open
burning which consists of a 10 foot to 30 foot deep pit with a row
of air nozzles directed downward at an angle of 25° to 35° across
the back that create a rolling action of high velocity air over the
burning zone. Wastes are introduced by means of loading ramp
opposite the nozzles. A screen across the top of the incinerator
prevents escape of large airborne particles and controls insects and
rodents. Open pit burning has been used extensively to burn indus-
trial trash, tars, and sludges (Powers, 1976).
D.I.4.3 Incineration. Incineration is defined under the Sec-
tion 3004 regulations as an engineered process using controlled flame
combustion to thermally degrade materials (e.g., hazardous wastes).
Devices normally used for waste incineration include rotary kilns,
D-14
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fluidized bed incinerators, multiple hearth incinerators, and liquid
injection incinerators.
Rotary Kilns. Rotary kilns consist of a slowly rotating com-
bustion chamber that is slightly inclined to the horizontal; the
kiln rotates around its longitudinal axis during combustion and
continually mixes the waste materials and exposes fresh surfaces for
combustion. Rotary kilns can be used for the incineration of combus-
tible solids, gases, liquids, tars, and sludges as well as for waste
chemical warfare agents and munitions. Combustion temperatures vary
according to the characteristics of the waste material being incin-
erated, but normally vary from 810 C to 1650 C; residence times typ-
ically vary from several seconds to hours, depending upon the waste
(Reynolds, Smith and Hills, 1977; Scurlock et al., 1975).
Fluidized Bed Incinerator. Fluidized bed incinerators es-
sentially consist of a vessel containing a bed of inert granular
particles, such as sand, through which pressurized air is forced
upward. The air causes the bed to behave like a dense, fluid-like
mass. Wastes are injected into the fluidized material and combusted.
The constant bed agitation creates an effective mixing of the wastes
with the air and also allows larger waste particles to remain sus-
pended until combustion is completed.
Fluidized bed incinerators can be used for combustible solid,
liquid, and gaseous waste materials. Fluidized bed incinerators have
been used for waste treatment and disposal in the petroleum and paper
D-15
-------
industries and for incineration of sewage sludge. Combustion temper-
atures typically range from 760 C to 870 C; the maximum temperature
that can be used for fluidized bed incinerators with sand beds is
1090 C. Residence times typically vary from seconds for gases to
longer times for solids (Reynolds, Smith and Hills, 1977; Scurlock
et al, 1975; Jacobs Engineering Company, 1976).
Multiple Hearth Incinerators. The multiple hearth incinerator
consists of a refractory-lined, circular, steel shell with refractory
hearths located one above the other. Wastes enter at the top and
drop from one hearth to the next with the residual ash falling to the
floor of the incinerator. Multiple hearth incinerators were origi-
nally developed for incineration of sewage sludge, but are now also
used for tars, solids, gases, and other combustible wastes. When
sludge is incinerated, the multiple hearth has three operating zones:
drying, incineration, and ash cooling. Temperatures range from 315 C
to 540 C in the drying zone and from 760 C to 980 C in the incinera-
tion zone. Residence times typically range up to several hours for
solids (Reynolds, Smith and Hills, 1977; Scurlock et al., 1975).
Liquid Injection Incinerators. Liquid injection incinerators
consist of either vertical or horizontal units into which an atomized
liquid waste is fed. The waste is atomized mechanically or with
steam or air. Liquid injection incinerators can be used for almost
all combustible liquid wastes (including slurries) which have a vis-
cosity of less than 1000 Saybolt Universal Seconds. Operating units
D-16
-------
are incinerating such wastes as chlorinated hydrocarbons, sulfur con-
taining compounds, DDT, solvent fumes, and mustard gas. Combustion
temperatures range from 650 C to 1650 C with most units operating
around 870 C. Residence times typically range from 0.1 to one second
(Reynolds, Smith and Hills, 1977; Scurlock et al., 1975).
D.I.4.4. High Temperature Processing. High temperature proces-
sing involves the use of heat and/or pressure to decompose, oxidize,
volatilize, distill, or affect other changes in wastes. Types of
high temperature processing include calcination, wet oxidation, and
pyrolysis.
Calcination. Calcination is a thermal decomposition process,
generally operated at atmospheric pressure, that can be applied to
aqueous slurries, sludges, and tars to drive off volatiles and to
produce a dry powder or calcined solid. Typical calciners include
the open hearth, rotary kiln, and fluidized bed. Calcination is
particularly useful when a one-step process is required to deal with
a complex waste, as it destroys organic components and leaves inor-
ganic components in a form generally more acceptable for recovery
or landfilling. Calcination may be used to decompose salts or other
compounds to form an oxide that is generally more stable or reusable
than the original waste. Typical examples are the calcination of
carbonates, hydroxides, sulfites, sulfides, sulfates, and nitrates to
corresponding oxides with evolution of carbon dioxide, water, sulfur
dioxide, and nitrogen oxides, respectively (Versar, 1977).
D-17
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Wet Oxidation. Wet oxidation is a physical/chemical process
capable of breaking down organic materials through flameless oxi-
dation. Solids are first solubilized and complex hydrocarbons are
broken down via hydrolysis reactions. The relatively simple hydro-
carbons are then oxidized to alcohols, aldehydes, acids, and ulti-
mately to carbon dioxide and wastes. The process is carried out at
temperatures in the range 150 C to 340 C and at high pressure on the
order of 316,000 to 1,750,000 kilograms per square meter. Residence
times typically range from 10 to 30 minutes. The process has been
applied to stabilization of sewage sludge. However, it appears to
have a relatively low destruction efficiency for organics and also
produces organic breakdown products (Scurlock et al. , 1975).
Pyrolysis. Pyrolysis is a process whereby organic material is
thermally decomposed into its solid, liquid, and gaseous consti-
tuents through destructive distillation in the absence of oxygen.
Typical gaseous products include steam, carbon dioxide, carbon
monoxide, hydrogen, and methane; the liquid condensate may contain
methane, ethane, other alcohols, acids, and tars; the solid residue
or char contains carbon and ash. Pyrolysis processes for energy
recovery from solid wastes are currently being demonstrated, but are
not yet available on a commercial scale (Energy Research and Devel-
opment Administration, 1977; Levy, 1975).
Inorganic Waste Treatment. Although not flammable, inorganic
hazardous wastes in some cases can be decomposed, smelted, roasted,
D-18
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volatilized, and/or distilled in fashion similar to recovery of
metals from ores. For example, mercury can be driven from wastes by
heating in furnaces and retorts, condensed in chilled heat exchang-
ers, and recovered. Smelting operations are also widely used for
metal recovery from hazardous metallic wastes (Versar, Inc., 1975).
D.2 Methods for Ultimate Disposal
Ultimate disposal involves the discharge, deposit, injection,
dumping, spilling, leaking, or placing of any hazardous waste into or
on any land or water so that such waste or any constitutent thereof
may enter the environment or be emitted into the air or discharged
into any waters, including groundwaters. Methods typically used for
ultimate disposal of hazardous wastes include: open dumping, land-
filling, landfarming, surface impoundment (lagooning), incineration,
deep-well injection, discharge to municipal sewer systems, surface
discharge to streams and rivers, ocean dumping, road application,
and detonation. In addition, engineered storage is used in some in-
stances when there is no known safe method of treatment or disposal
of a hazardous waste.
Several of the above disposal methods are regulated under other
Federal acts and are not regulated under Subtitle C of RCRA. Ocean
dumping is regulated under the Marine Protection, Research and Sanc-
tuaries Act "f 1972. Surface discharges to navigable waters and
discharges to municipal sewer systems are both regulated under the
Federal Water Pollution Control Act; furthermore, wastes put directly
D-19
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into a domestic sewer line at the point of generation and wastes in
regulated point source industrial discharges cannot be considered a
hazardous waste because RCRA specifically excludes from the defini-
tion of hazardous wastes any "solid or dissolved materials in domes-
tic sewage...or industrial discharges which are point sources subject
to permits [National Pollutant Discharges Elimination System (NPDES)]
under section 402 of the Federal Water Pollution Control Act." Deep-
well injection is regulated under the Safe Drinking Water Act.
D.2.1. Open Dumping. Open dumps are uncovered land disposal
sites where wastes are deposited with little or no regard for pol-
lution control, containment, or aesthetics. Wastes in such dumps are
susceptible to open burning (accidentally or intentionally) and
leaching. In addition, they are exposed to the elements, vectors,
and scavengers.
Open dumping has been a prevalent form of hazardous waste dis-
posal in the past. While there is no national inventory of privately
owned industrial land disposal sites, it is estimated that there were
about 18,500 land disposal sites which accepted municipal wastes in
1974 and about 16,000 in 1976 (Waste Age, 1977); most of these sites
also received some industrial wastes and most were open dumps or
poorly sited and operated landfills (Office of Solid Waste Management
Programs, 1977). Industries in which open dumping of potentially
hazardous wastes has been a prevalent practice include the metal
smelting and refining industry, the inorganic chemicals industry,
D-20
-------
the leather tanning industry, the electroplating and metal finish-
ing industries, and the special machinery manufacturing industries
(Calspan Corporation, 1977; Versar, Inc., 1975; SCS Engineers, Inc.,
1976; Battelle Columbus Laboratories, 1976; Wapora, Inc., 1977).
Open dumping of solid wastes is prohibited under Subtitle D of
RCRA and such open dumping is to be eliminated within five years from
the date of the publication of the inventory of open dumps required
under Subtitle D.
D.2.2 Landfills. The use of landfills is one of the major
practices currently used for the disposal of hazardous wastes
(Industry Studies, 1975-1978). Data are not available to estimate
the total quantity of hazardous wastes disposed in landfills. How-
ever, it has been estimated that annually during the period from 1973
to 1975, nearly a third of the hazardous wastes from 14 manufacturing
industries were disposed of in open dumps and landfills and that less
than eight percent of this disposal was in secure landfills (Office
of Solid Waste, unpublished data). Landfills may be classified as
general purpose landfills, sanitary landfills, and secure landfills.
D.2.2.1 General Purpose Landfills. General purpose landfills
are land disposal sites located without regard to possible effects
on water resources, but which employ intermittent or daily cover to
minimize scavenger, aesthetic, vector, and air pollution problems.
General purpose landfills do not have provisions for special contain-
ment, monitoring, or leachate treatment. According to the Industry
D-21
-------
Studies, the vast majority of the industrial hazardous wastes that
are disposed in landfills are disposed in general purpose landfills.
D.2.2.2 Sanitary Landfills. Sanitary landfills are disposal
sites employing an engineered method to dispose solid wastes on land
in a manner that reduces environmental hazards by spreading the
wastes in thin layers, compacting the waste to the smallest practical
volume, and compacting with cover material at the end of each
operating day. Sanitary landfills do not usually have provisions for
special containment, monitoring, or leachate treatment. There is no
inventory of industrial sanitary landfills; however, a survey of
municipal landfills (Waste Age, 1977) indicated that in 1976 there
were about 5,800 landfills recognized as sanitary landfills in
compliance with state regulations; most of these receive some
industrial wastes. According to the Industry Studies (1975-
1978), a small portion of the industrial hazardous wastes that are
disposed in landfills are disposed in sanitary landfills.
D.2.2.3 Secure Landfills. Secure landfills are land disposal
sites that allow no hydraulic connections with natural waters, segre-
gate wastes, have restricted access, and are continuously monitored.
According to the Industry Studies (1975-1978), a negligible portion
of the industrial hazardous wastes that are disposed in landfills is
disposed in secure landfills. The total number of secure landfills
is unknown. However, in 1976 there were about 100 municipal land-
fills with impermeable linings and about 200 with leachate collection
D-22
-------
systems (Waste Age, 1977). In addition, it is estimated that there
were 20 secure commercial landfills in 1977 (Straus, 1977).
D.2.3 Landfarming. Landfarming involves the application of
wastes onto land and incorporation into the surface soil, for the
purpose of attenuation. Landfarming is also commonly called land
application, land cultivation, land irrigation, land spreading,
soilfarming, and soil incorporation.
Wastes amenable to landfarming are those that contain consti-
tuents that can be decomposed by soil microorganisms. Currently,
wastewater treatment sludges account for nearly all of the wastes
being landfarmed; approximately 25 percent of the five million metric
tons (dry weight) of municipal wastewater treatment sludge generated
annually is landfarmed, primarily on agricultural lands (Office of
Solid Waste, 1978). Data are not available as to the portion of
these sludges that are potentially hazardous. Limited data are
available as to the extent of landfarming of hazardous manufacturing
wastes. These data indicate that only a few manufacturing industries
have well established landfarming practices. For example, over eight
percent of the potentially hazardous wastes from the petroleum re-
fining industry have been disposed by landfarming in recent years
(Jacobs Engineering Company, 1976); small quantities of potentially
hazardous sludges from the leather tanning and finishing industry and
the organic chemicals industry are also landfarmed (SCS Engineers,
Inc., 1976; TRW, Inc., 1976). Industries which do not presently
D-23
-------
practice landspreading of potentially hazardous wastes to any sig-
nificant extent include the inorganic chemicals, metal smelting and
finishing, and electroplating and metal finishing industries (Office
of Solid Waste Management Programs, 1977). It is estimated that
annually during the period from 1973 to 1975, less than 0.5 percent
of the hazardous wastes from 14 manufacturing industries were dis-
posed of by landfarming (Office of Solid Waste, unpublished report).
A typical landfarming practice by the petroleum refining indus-
try is described as follows (Jacobs Engineering Company, 1976):
"Waste material is pumped into a vacuum truck and conveyed to
a disposal site. The oily waste is pumped from the truck through a
hand-held discharge hose, which the truck driver guides in spreading
the discharged material as evenly as possible on the assigned land
area. The actual depth of application is determined by experience,
and varies with the oil composition of the discharge, the soil's
moisture and nutrient content, climatologic conditions, and amount
of available land. The application rates for oily sludge vary from
one to two inches in thickness in the Northwestern U.S. to as much
as 3" and 4" in the warmer, subtropical climates of the Southwestern
United States. The rate of degradation and disappearance of oil
requires between one and six months, depending upon the thickness of
the sludge deposit, percent by weight oil content, amount of fertil-
izer used, and frequency of tilling. Successive loads are handled
in the same manner, with each load applied in approximately the same
thickness to an immediately adjacent plot. The process is continued
until a large area is covered by the oily sludge or waste material.
After much of the water has evaporated, a tractor-drawn plow or roto-
tiller is used to break up the oily crust and mix it with a surface
layer of soil. The frequency of rototilling, plowing and aeration
varies from one location to another. A common practice is to plow
the material into the ground to a depth of about six to eight inches
and to periodically aerate and blend the oily sludge with the soil.
In the Southern United States, a rototiller many go as deep as eight
to fourteen inches to entrain air in the subsurface layers of the
soil."
D.2.4 Surface Impoundments. A surface impoundment is any nat-
ural depression or excavated and/or diked area built into or upon the
D-24
-------
land, which is fixed, uncovered, and lined with soil or a synthetic
material. Examples include lagoons, holding ponds, and aeration
ponds.
Surface impoundments are currently used for the storage, treat-
ment, and/or disposal of liquid wastes and serai-solid wastes such as
slurries. Treatment practices carried out in surface impoundments
include biochemical stabilization, evaporation, solids separation,
neutralization, and precipitation as well as other physical, chemi-
cal, and biological treatments. In some instances, sediments and
sludges which build up in the impoundments during storage and treat-
ment practices are dredged and disposed elsewhere, primarily in
landfills; in other instances, the impoundments are allowed to fill,
and the accumulated sediments and sludges are left permanently in the
impoundment.
It is estimated that there are over 100,000 surface impoundments
for industrial wastes in the U.S. (Office of Solid Waste, 1978).
About 1,700 billions gallon of industrial wastes, (not all hazardous)
are pumped annually to oxidation ponds or lagoons for wastewater
treatment, and unknown quantities of industrial wastes are stored,
treated, or disposed in other types of surface impoundments. Over
100 billion gallons of this industrial wastewater are estimated to
enter the groundwater system annually (Office of Solid Waste Manage-
ment Programs, 1977). Available data are not sufficient to estimate
the total amount of hazardous wastes placed in surface impoundments,
D-25
-------
the portion of these wastes ultimately disposed in such impoundments,
nor the portion which leaks to the groundwater. It has been esti-
mated that annually during the period from 1973 to 1975, over 48 per-
cent of the hazardous wastes from 14 manufacturing industries were
ultimately disposed in surface impoundments and that over 99.9 per-
cent of the disposal was in unlined surface impoundments (Office of
Solid Waste, unpublished report).
D.2.5 Incineration. To the extent that incineration does not
generate a hazardous residual requiring disposal, incineration con-
stitutes a method of disposal. Incineration methods are discussed in
Section D.I. Data are not available to estimate the total quantity
of hazardous wastes incinerated annually, nor the portion of this
incineration that constitutes ultimate disposal. However, it has
been estimated that annually during the period from 1973 to 1975,
over 15 percent of the hazardous wastes from 14 manufacturing
industries were incinerated and that over 63 percent of this
incineration was uncontrolled (Office of Solid Waste, unpublished
report).
D.2.6 Road Application. Road application involves the placing
of waste materials, primarily waste oils and sludges, on roads for
the purpose of road oiling and dust control. It is estimated that
over 1.1 billion gallons of waste oil are generated annually in the
U.S. and that over 200 million gallons of the oil are used in road
oil and asphalt (U.S. Environmental Protection Agency, 1974). Data
D-26
-------
are not available to estimate the portion of this waste oil that is
hazardous. However, for the period 1973 to 1975, it has been
estimated that less than 0.1 percent of the hazardous wastes from 14
manufacturing industries was disposed annually by road application
(Office of Solid Waste, unpublished report). In 1975, over 6 percent
of potentially hazardous wastes from the petroleum refining industry
were disposed through road application (Swain et al., 1977).
D.2.7 Detonation. Detonation is used for the disposal of some
conventional munitions and explosives. Disposal is typically carried
out by placing the waste munitions and explosives in wide, shallow
pits and detonating them or by mounding earth over the waste muni-
tions and explosives and detonating them (Shapira et al., 1978).
Data are not available to estimate the total quantity of waste con-
ventional munitions and explosives annually disposed by detonation;
however, the quantity is believed to be small when compared to the
quantity of explosives detonated by the commercial blasting industry
(Shapira et al. , 197-8).
D.2.8 Engineered Storage. Engineered storage is used when
there is no safe method of disposal of a particular hazardous waste.
Under these circumstances the wastes are containerized and buried or
otherwise stored until technologies are developed for treating and
disposing of them. Wastes that have been subject to engineered
storage in recent years include mercury and phosphorus contaminated
wastes from the inorganic chemicals industry; mercury containing
D-27
-------
wastes from the primary battery industry; salts from the destruction
of chemical warfare agents; and pesticides such as arsenic trioxide,
cacodylic acid, and kepone (Versar, 1975; Versar, 1975a; Ottinger
et al., 1973; Powers, 1976). Data are not available to estimate the
quantity of wastes subject to engineered storage.
D.3 Treatment and Disposal Practices by Selected Manufacturing
Industries
Thirteen manufacturing industries which were the subject of the
Industry Studies (1975-1978) on hazardous waste practices are used as
the basis for characterizing existing hazardous waste treatment and
»
disposal practices. See Appendix C for a discussion of the scope and
limitations of the Industry Studies.
D.3.1 Textiles Industry. Table D-l presents typical treatment
and disposal practices for the hazardous wastes generated by the tex-
tiles industry (SIC 22), based upon information reported by Versar,
Inc. (1976). Potentially hazardous waste streams generated by the
industry consist of wastewater treatment sludges, dye containers,
chemical containers, solvent and still bottom wastes, and contamina-
ted fibers.
On-site treatment generally consists of wastewater treatment,
limited washing of dye and chemical containers prior to disposal, and
segregation of some solvent and still bottom wastes for solvent
recovery operations. Some dye and chemical containers are also
returned to suppliers for reuse or recycling. On-site reclamation of
potentially hazardous wastes is not practiced. Off-site reclamation
D-28
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includes recycling or reuse of dye or chemical containers and very
limited solvent recovery.
Based upon the study by Versar, Inc., in 1974 approximately 49
percent of the potentially hazardous wastes were disposed on-site,
primarily through lagooning and ponding; about 51 percent of the
wastes were disposed off-site, primarily through landfilling. A very
limited percent of the potentially hazardous wastes («0.5 percent)
were reclaimed off-site.
D.3.2 Inorganic Chemicals Industry. Table D-2 presents typical
treatment and disposal practices for the hazardous wastes generated
by the inorganic chemicals industry (SIC 281), based upon information
reported bv Versar, Inc. (1975). Potentially hazardous wastes are
generated by the following subcategories of the industry: alkalies
and chlorine production, inorganic pigment production, and industrial
inorganic chemicals not elsewhere classified.
On-site treatment of potentially hazardous wastes generally is
limited to segregation, neutralization and dewatering of various
wastes, and wastewater treatment. Some chlorinated hydrocarbons are
incinerated and produce residues requiring disposal.
Phosphorus, mercury, and some other metals are recovered on-site
from wastes identified as potentially hazardous by Versar, Inc. Some
of the chlorinated hydrocarbon wastes are recycled through use in
organic chemicals manufacture. Except for mercury recovery, off-
site reclamation of potentially hazardous wastes is not generally
practiced.
D-30
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Based upon the Versar, Inc. study (1975), in 1973 approximately
84 to 89 percent of the total potentially hazardous wastes were dis-
posed on-site. Typical on-site disposal methods included landfills,
storage ponds, deep-well injection, dumps, incineration, and dis-
charge to municipal sewer systems. In addition, some mercury contam-
inated wastes and some phosphorus contaminated wastes were being
stored indefinitely on-site in drums pending further developments in
treatment/disposal methods. Approximately 10 to 15 percent of the
hazardous wastes were disposed off-site, primarily by landfill or
ocean dumping. Approximately 1 to 2 percent were reclaimed. The
distribution of the total wastes treated/disposed by various methods
in 1973 was as follows:
Treatment/Disposal
Ponds
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High temperature processing*
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D-32
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Storage drum Not available
Ocean dumping Not available
D.3.3 Pharmaceutical Industry. Table D-3 presents typical
treatment and disposal practices for the hazardous waste generated by
the pharmaceutical industry (SIC 2831, 2833, and 2834), based upon
information reported by Arthur D. Little, Inc. (1976b). Potentially
hazardous waste streams generated by the industry include waste
solvents, organic chemical residues, contaminated high inert content
wastes, heavy metal wastes, and active ingredients.
On-site treatment generally consists of incineration of waste
solvents (primarily non-halogenated waste solvents), organic chemical
residues, contaminated high inert content materials containing flam-
mable solvents, and some rejected or returned active ingredient mate-
rials and formulations. Incineration generates small quantities of
ash, primarily from contaminated high inert content wastes and active
ingredients, which is land disposed. Small quantities of organic
chemical residues and active ingredients are sent to biological
wastewater treatment.
Most process solvents are recovered and reused on-site; as
a result, only those waste solvents which result from the solvent
recovery operations are considered by the Arthur D. Little study
(1976b) to be a hazardous waste. Except for the solvent recovery,
there is little or no on-site reclamation of potentially hazardous
waste materials. Some heavy metals, primarily zinc and chromium, are
D-33
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recovered off-site; however, the heavy metal content in most wastes
is too dilute for economic recovery. A small portion of the waste
solvents sent off-site is used for energy recovery (i.e., incinera-
tion to produce steam) or for production of a low-grade fuel.
Based on the study by Arthur D. Little, Inc., in 1973 approxi-
mately 39 percent of the potentially hazardous wastes were disposed
on-site, primarily through incineration, with land disposal of any
residual ash. About 60 percent of the wastes were disposed off-site
either by incineration or landfilling. About 1 percent of the po-
tentially hazardous wastes was recovered off-site. The percentage of
the potentially hazardous wastes treated/disposed on-site and
off-site are as follows:
Treatment/Disposal On-Site Off-Site
Incineration 37 51
Landfill — 9
Biological treatment 2
Recovery — 1
Total 39 61
D.3.4 Paint and Allied Products Industry and Contract Solvent
Reclaiming Operations. Table D-4 presents typical
treatment and disposal practices for the hazardous wastes generated
by the paint and allied products industry (SIC 285) and contract sol-
vent reclaiming operation, based upon information reported by Wapora,
Inc. (1975). Potentially hazardous wastes generated by the paint and
D-35
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